HomeMy Public PortalAbout185-2021 - Countryside Auto - vehicle collision repair AGREEMENT
THIS AGREEMENT made and entered into this ial')day of Z 3 , 2O _, and referred to
as Contract No. 185-2021, 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 Countryside Auto, 2608 Union
Pike,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 November 5, 2021. Responses to said request are on file in the office of
the Purchasing Department. The response of Contractor received November 19, 2021, to said request is
attached hereto as "Exhibit A"which response consists of three (3)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.
SECTION M. COMPENSATION
City shall pay Contractor the rates described on the attached Exhibit A. Payments shall be made within
thirty (30) days of each invoice date, which invoices are to be submitted by Contractor upon completion
of the work on each vehicle submitted for services in accordance with this Agreement. Storage fees shall
only apply if a submitted vehicle is totaled and left over ten(10)days with Contractor.
Contract No. 185-2021
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SECTION IV. 1'bRM OF AGREEMENT
This Agreement shall become effective as of January 1, 2022, and shall continue in effect until December
31,2022. The City shall retain an option to renew this Agreement for the 2023 calendar year.
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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the results or
aftereffects of said event causes the performance of this Agreement to become impossible or highly
impracticable. Said event or results or aftereffects of said event would include events or effects which the
parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event, or
its results,would include,but would not be limited to, events such as an Act of God, an Act of Nature, an
Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of
Indiana, or local government.
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-
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contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the
Contractor may be held responsible.
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
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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 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
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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.
[Signature page to follow.]
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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" "CITY"
COUNTRYSIDE AUTO THE CITY OF RICHMOND,
2608 Union Pike INDIANA by and through its
Richm ,Indiana,47374 Board of Public Works and Safety
By: By: Tddii
Vicki Robinson,President
Printed: �f 10.n L i am (olA-b)rS(_L By:
Emily Palmer,Member
Title: O W n r By:
Matt Evans,_ Member
Date: l2vZ1 Date: ��'��-'21
"CITY" "CITY"
THE CITY OF RICHMOND, THE CITY OF RICHMOND,
INDIANA by and through its INDIANA by and through its
Board of Parks and Recreation Board Sanitary Commissioners
By: By:
FuL ;President 1 Sue Miller,President
f I4Unc4 WasliIn fr
Date: I— /_3 -2 2
n akshi,Vice President
APPROVED: ( _ l - By:
I. Sno , G iens,Member
Date: (2 7-1 ZvI 1 Date: I )- 5-- Q
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'4 • CITY OF RICHMOND
•
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;;gin =y 50 North Fifth Street
i PRICE REQUEST
���.;. Richmond, Indiana 47374 Q
DI (765) 983-7200 •
THIS IS NOT AN ORDER
VENDOR INSTRUCTIONS
This is a request for a price or quote for the services or
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,address,and phone number below with
signature;itemize all prices and charges where
requested;and attach explanation for any substitution to
specifications altered. Please return in care of
Purchasing to the address above by the specified date
and time to be considered unless otherwise specified.
DATE REPLY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS
November 5,2021 November 22,2021 by 12:00 noon* DELIVERED UPON RECEIPT OF INVOICE
QUANTITY CATALOG NO. DESCRIPTION UNIT PRICE TOTAL
Vehicle Collision Damage Repair
(see attached)
Quotes may be mailed or brought to
Purchasing in the City Building at 50 •
North 5th Street or emailed to Kara
Messier at kmess •
-
ler@richmondindiana.gov
•
PRICE REQUEST •
NAME OF FIRM QUOTING�
BY — Nam, CQVYI�VtJ Si dk°, o
KARA MESSLER
PURCHASING MANAGER BY Brian L 2hm �J
AU L HORIZED is Y
* Bids are to be mailed or brought to the 'ITI'LE
Purchasing Department in the Richmond DATE 1) 1 9 -a`
Municipal Building at 50 North 5th Street.
Phone No. •
State Tax Exemption No. 003121909-001 r i if FAGS I OF
Vehicle Collision Damage Repair
City of Richmond
The City of Richmond is seeking bids for vehicle collision damage repair of city
owned vehicles for Park, Sanitation, Street, and Police departments. The
successful bidder will be required to sign a contract with the City of Richmond.
The contract period will be from the signing of the contract until 12-31-22, with
the option to renew for the 2023 calendar year. Please include pricing for each of
the following separately:
1) Part markup percentage $ cc
�
2) Vehicle refinishing per hour $ f�
3) Body work per hour $
4) Frame repair per hour . $
5) Collision related mechanical repair per hour $
6) Storage per day, if applicable $ 0
Also, please include the following information with your bid:
1) A statement concerning the priority the City of Richmond vehicles would
receive if awarded this bid.
2) Warranty/guarantee information.
3) Current certificate of insurance, naming the City of Richmond as the
certificate holder.
Please call Kara Messler-Noe at (765) 983-7214 or email to
kmessler@richmondindiana.gov riclvnondindiana.gov if you have any questions.
All bids are due Nov 22, 2021 by 12:00 noon. Bids may be emailed to the email
address above or mailed or brought to Purchasing, ATTN: Kara Messlex Noe, 50
North 5th Street, Richmond, IN 47374. No late bids will be accepted.
EXHIBIT PAGE 1 OF 3 J
Countryside Auto
1) vehicle priority would go as
Follows :
contracted jobs would be started
as soon as we recieve authorization part
ordering would then begin . All would
go as follows as long as the
invoice is paid in full within thirty
days .
2 All work guaranteed for the
life of the vehicle . (No guarantee on any
rust repair)
3) Current certification of
insurance on file with the city of
Richmond through towing contract .
Thank you , countryside Auto
2608 union pike
Richmond Indiana 47374
(765) 966- 3796
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EXHIBIT PAGE OF