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HomeMy Public PortalAbout023-2021 - Regular vehicles CITY-OWNED VEHICLE TOWING CONTRACT SECTION 1 PARTIES THIS AGREEMENT made and entered into this /04" day of (n ,h , 2021, and referred to as Contract No. 23-2021 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 .- ft( 5 Sef V lc32, `"C.,.- (hereinafter referred to as the"Contractor"). SECTION 2 TERM OF CONTRACT The term of the contract shall become effective, as of the day and year first written above, after all parties have signed and shall continue in effect through March 31,2023. SECTION 3 SPECIFICATION FOR PERFORMANCE CONTRACTOR shall render all services necessary for towing CITY owned vehicles upon request by appropriate City personnel. CONTRACTOR will respond to calls for towing within a reasonable time. SECTION 4 PAYMENT The CITY agrees to pay CONTRACTOR for actual towing performed according to the following schedule for days (8:00 a.m.to 5:00 p.m.) and nights (5:01 p.m.to 7:59 a.m.): DAYS NIGHTS • 1)Automobiles $ 20•" $ 100.(:)a Mileage outside City limits $ Round trip 2)Pick-up trucks $ 0.c° $ I oo. c° Mileage outside City limits $ Round trip 3) Small buses (Rose View) $ nu'ob $ ISO.b b Mileage outside City limits $ Round trip 4) Side loaders $ ASO. $ aSb,b e Per hour,Per truck 5)3 cubic yard trash trucks $ 015 b•6D $ Per hour,Per truck Contract No. 23-2021 Page 1 of 6 Extra Charges Axle pulls $ c$ .°b each Drive line disengagements $ gs.b C) each oD Recovery with large wrecker including operator $ yS d per hour 0 Each additional operator $ $`j ,d per hour Compressed air $ per hour Per mile charge outside City limits $ Lku large wrecker• rlSo°° �ckdco1 SECTION 5 PROHIBITIONS AGAINST DISCRIMINATION A. In the hiring of employees for the performance of work under this contract or any sub- contract hereunder, neither CONTRACTOR, nor any person acting on behalf of CONTRACTOR, shall, by reason of race, religion, color, sex, national origin or ancestry, discriminate against any citizen of the state of Indiana who is qualified and available to perform the work to which the employment relates. • B. Neither CONTRACTOR, nor any person on its behalf, shall in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race,religion, color, sex, national origin or ancestry. C. There may be deducted from the amount payable to CONTRACTOR by the CITY a penalty of$5.00 for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this contract. This contract may be cancelled or terminated by the CITY, and all money due or to become due hereunder shall be forfeited for a second or any subsequent violation of the terms or conditions of this contract relating to discrimination or intimidation. SECTION 6 COMPLIANCE WITH WORKER'S COMPENSATION LAW CONTRACTOR shall comply with all provisions of the Indiana Workman's Compensation law, and shall, before commencing work under this contract, 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. Page 2 of 6 SECTION 7 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 8 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 9 LIABILITY INSURANCE CONTRACTOR shall indemnify and hold the City of Richmond, its officers, agents and employees harmless from any liability resulting from the acts of CONTRACTOR in the course of performing duties under this agreement and further agrees to release, indemnify and hold harmless the same from any liability for any negligent acts of the City performed under this agreement. The indemnification shall include all costs, including attorney's fees, incurred by the City in the defense of any claim against the City. CONTRACTOR will provide the City of Richmond with a Certificate of Insurance from an insurance company approved by the Board of Works, which insurance shall be maintained at all Page 3 of 6 times during the term of this Contract. The Certificate shall name the City of Richmond as an additional insured party and shall show insurance coverage in the following amounts: Coverage Limits A. Worker's Compensation& Statutory Disability Requirements B. 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 C. Towing Liability("On-Hook Liability") $100,000 No work or performance of services shall commence until the City is in receipt of the required certificates of insurance. Also, FAILURE TO CONTINUE TO PROVIDE PURCHASING WITH UPDATED INSURANCE COVERAGE WILL BE DEEMED UNRESPONSIVE AND MAY RESULT IN NOT BEING INVITED TO PARTICIPATE IN FUTURE TOWING BIDS. SECTION 10 INDEMNIFICATION OF CITY CONTRACTOR agrees to indemnify and hold harmless the CITY and its officials and employees for all claims and liens arising out of any negligent act or omission by CONTRACTOR or • any of its officers, agents, employees or subcontractors. The indemnity shall include attorney's fees and all costs and expenses arising from such liability. SECTION 11 COMPLIANCE CONTRACTOR shall comply with all federal and state laws that apply to the operation of wrecker services and shall furnish copies of all licenses, permits or other documentation required for compliance. SECTION 12 DEFAULT CONTRACTOR shall be in default upon the failure to perform any term of this contract. Upon default, CITY may send CONTRACTOR a written notice of default. If CONTRACTOR fails to correct the default within 10 days after such notice, CITY shall have the authority to cancel this contract and enter into an agreement with another wrecker service. Page 4 of 6 SECTION 13 UNAVAILABILITY OF FUNDS If funds become unavailable for the fulfillment of this agreement, the CITY shall have the right to terminate this agreement at any time without penalty by giving written notice thereof to CONTRACTOR. The CITY shall remain liable for all services rendered by CONTRACTOR up to the date of termination. SECTION 14 NOTICE Any notices required to be given under this agreement shall be mailed by certified mail, return receipt requested, addressed to the party to be notified at the address set forth below: ATTN:City of Richmond Purchasing Manager 50 North 5th Street,Richmond,IN 47374 SECTION 15 EXTENT OF THE AGREEMENT This contract constitutes the entire agreement between the parties and any amendments, additions, or deletions hereto shall be in writing, signed by the parties and attached to this contract. SECTION 16 ASSIGNMENT OF CONTRACT This contract shall not be assigned by CONTRACTOR without the written consent of the CITY. • [Signature Page to Follow.] Page 5 of 6 SECTION 17 SEVERABILITY AND ENFORCEMENT In the event that any provision of this agreement is, held invalid by a court of competent jurisdiction, the invalidity of the provision shall not affect any other provision of this agreement. Failure of either party to insist on strict compliance with the provisions of this agreement shall not constitute a waiver of that party's right to demand later compliance with the same or other 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. THE CITY OF RICHMOND, WRECKER SERVICE INDIANA by and through its Board of Public Works and Safety (4X Via hhArAldk,c/ By: Q)41\40 . Vicki Robinson, President Printed:( Raid U ) Emil Palmer, Member Title: eX E Matt Evans,Member Date: Date: • • cA APPROVE : <Pav_i _ no v ; Date: 03/2-1177.o2,1 Page 6 of 6 PARDSER-01 ENELSON ,d►COR®A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 3/9/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT David Wieringa Robertson Ryan-Westmont PHONE 210 Quail Ridge Drive (AIC,No,EXt):(630)515-0090 (A/c,No):(630)515-0096 Westmont,IL 60559 ADDAIL RESS:dwieringa@robertsonryan.com INSURER(S)AFFORDING COVERAGE NAIC II INsuRERA:AMGUARD INSURANCE COMPANY 42390 INSURED INSURER B:LIBERTY MUTUAL INSURANCE COMPANY 23043 Pardo's Service,Inc. INSURER C: 2147 U.S.35 North INSURER D: Richmond,IN 47374 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE.POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS _LTR INSD WVD (MMIDD/YYYY) IMM/DDIYYYY) A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR K2GP111886 10/26/2020 10/26/2021 oAMAGETORENTEO 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ A AUTOMOBILE LIABILITY CO a eDUSINGLE LIMIT $ 1,000,000 ANY AUTO K2GP111886 10/26/2020 10/26/2021 BODILY INJURY(Per person) $ - OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE - AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ OT $ B WORKERS COMPENSATION X STATUTE EERH AND EMPLOYERS'LIABILITY Y!N WC534S524330-100 8/8/2020 11/12/2020 500,000 OFFICEOPRIET ER EXRTNERD?ECUTIVE NIA E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ' A GARAGEKEEPER LEGAL K2GP111886 10/26/2020 10/26/2021 350,000 A ON-HOOK/CARGO K2GP111886 10/26/2020 10/26/2021 350,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) FAX#765-983-7212 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY N.OF RICHMONDSTREET ACCORDANCE WITH THE POLICY PROVISIONS. 50RICHMOND,IN 47374 AUTHORIZED REPRESENTATIVE C J J,LQ Lvr1141 ) ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. 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