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HomeMy Public PortalAbout178-2018 - Fire - Spartan Motors - Custom Pumper TruckPURCHASE AGREEMENT THIS XURCHASE AGREEMENT made and entered into this q�_I day of �, 2017, 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 7th 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 Star Series Rescue Pumper on a Gladiator Chassis (hereinafter "Vehicle") for the City of Richmond Fire Department. Certain Bid Specifications dated September 19, 2018, 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. Potions of the response of Contractor to said Bid Specifications are attached hereto as `Exhibit A", which Exhibit is dated October 4, 2018, consists of seven (7) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all specifications, terms, and conditions contained in its response to the Bid Specifications and with "Exhibit A." Delivery 9—any Vehicle that does not meet all specifications listed on its response to the Bid Specifications, Contractor's Response, 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. 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. Contract No. 178 -2018 Page 1 of 6 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 A7 for the Vehicle, provided that Contractor's total compensation shall not exceed, Five Hundred Severity -three Thousand -One Hundred Fifty Dollars and Zero Cents ($573,150.00) for purchase of the Vehicle pursuant to this Agreement.- A pre -payment option has been arranged in order that the City may pay the pre -payment amount of Three Hundred Seventy-five Thousand Dollars and Zero Cents ($375,000.00) upon the signing of this Agreement, with the option to have the balance financed. City shall retain the option of partially financing the balance of the purchase amount 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 payn4ent 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. The final -.payment of the amount balance (or the full -payment, if the .pre -payment and financing option is not chosen) 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. 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, 2019, . or within three hundred and forty (340) days from the execution of this Agreement, whichever is longer. The length of the term of this Agreement may be extended by written 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 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 resuff'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 A. Worker's Compensation & Disability Requirements 13. Employer's Liability . C. Comprehensive General Liability Section 1. - Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability 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 $1,000,000 each occurrence $10,000,000 each occurrence $10,000,000 each aggregate F. Garagekeepers Coverage $2,250,000 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. 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 Iaer 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 Page 3 of 6 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. x 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: l . 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 >�e_ canceled or_. terminated by the City and all monies due or to become due hereunder may be forfeited, for a` secondror any subsequent violation of the terms or -conditions of this section of the Agreement. Page 4 of 6 . 0 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 parry. 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 fled. - 0 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" "CONTRACTOR" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety � f By: �. Vicki Robinson, President Richard Foore; Member By: mily Pa seer, Member . Date: " //-z9'/0 APPROVED: David M. Snow, or Date: �G SPARTAN MOTORS USA, INC. 907- 7"' Avenue .North Brandon, SD 57005 Printed: Q /� Title: (% (V A (� v Date:l® Page 6of6 r 907 7 Ave. North — Brandon, SD 57005 (605) 582-4000 Phone - (605) 582-4001 Fax PROPOSAL for PURCHASE SINGLE UNIT October 4, 2018 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: - t Quantity: One (1) Spartan Star Series Rescue Pumper on a Gladiator Chassis For the sum of: FIVE HUNDRED SEVENTY-THREE THOUSAND ONE HUNDRED FIFITY AND 001100 Dollars each. BID (1) CUSTOM RESCUE/PUMPER: $573,150.00 No State, Federal or local taxes included. The Apparatus. and Equipment shall be ready for delivery from a Spartan Emergency Response factory, within 340 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. wi If this proposal is not accepted by the purchaser within 60 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 Donley Safety, Inc 5546 Elmwood Court Indianapolis, IN 46203 1-317-910-7104 0 EXHLE IT PAGE Part of State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013 BID OF • �f 5'l4Tp ' CONTRACTORS BID FOR PUBLIC WORK - FORM 96 State Form 52414 (132 / 2-13) / Form 96 (Revised 2013) Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or print) Date (month, day, year): October 4, 2018 1:. Governmental Unit (Owner): City of Richmond 2. County: Wayne . 3..Bidder (Firm): Spartan Motors Address: 907 7th Avenue North City/State/ZIPcode: Brandon., SD 57005 4. Telephone Number: 605-582-4000 y 5. Agent of Bidder (if applicable): Donley Safety Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of City of Richmond (Govemmental Unit) in accordance with plans and specifications prepared by Spartan Motors and dated 10/4/2018 for the sum of (See Proposal Page) $ (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 Jetting. 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 PRODUQ ��jE T JPAGE O� � t (If applicable) [,.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). I 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. Steel' mart fl e ✓'s. U�r'/� `�y donsts n'r 694!kGI �n cC�.l� do 1 Li.e �'a ,...e �'ai l J ®� j-G, t G A J VJ .�� �861 .� tecsE r ^► �� %0 Vn� �''G uJ vtn a fe'`c.. 1 S7,FAA if w llic a !p-l`®d L)G,f Le(F �uJU1�ce�, O �.S S v b S �A d� 6 `7 Ql `Yt/I 7� vY�- 1 +'l ! '� L (tee ( ✓ crd�, '� (1i�VLlknaPT,�w,L Of �'Ct,ess`SC �;� SP Bidder (Firm) Spartan Motors Date (month, .day, year): 10/4/2018 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. l _ SECTION I EXPERIENCE QUESTIONNAIRE 1.. 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 Z. 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 eLtX PA _ �.. - .. SECTION H.PLAN AND'EQUIPMENT QUESTIONNAIRE 1. 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 3. 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 j unable .to currently provide a fisting, 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 governmental 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 5. 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. I EXh)Bt1T PAGE F 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 Brandon this -1-7 ' day of Spartan Motors By. of Organization) (Title of Person ACKNOWLEDGEMENT a STATE OF South Dakota ) ) Ss COUNTY OF Before me, a Notary Public, personally appeared the above -named / �7�h� �/ ���� and - swore that the statements contained in the foregoing document are true and correct: Subscribed and sworn to before me this �, day of Notary Public My Commission Expires: '' ��i���� ��6 ✓ �' �� County ofResidence:-'�l/l-f'