HomeMy Public PortalAbout087-2013 - Sanitary - Bloomington-Ford Inc - 1 2014 Ford F250 SORIGINAL
PURCHASE AGREEMENT
r
THIS AGREEMENT made and entered into this / I day of UA'e 2013, 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 Bloomington Ford, Inc., 2200
South Walnut Street, Bloomington, Indiana 47401 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby agrees to purchase from Contractor one (1) 2014 Ford F250XL 4X4 Supercab truck with
Knapheide model 680LPJ service body, delivered.
A Request for Quotes containing certain Specifications sent out April 25, 2013, has been made
available for inspection by Contractor, is on file in the offices of the Richmond Sanitary District, and
is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by
the same, and shall provide said truck conforming to the requirements outlined in the Specifications.
Delivery of any equipment that does not meet all specifications listed on "the Specifications" will be
considered a breach of this Agreement, except as noted in Contractor's response to the Specifications.
The response of Contractor to said Request for Quotes is attached hereto as Exhibit "A," which
Exhibit is dated May 13, 2013, consisting of nine (9) pages, and is hereby incorporated by reference
and made a part of this Agreement. Contractor shall provide all equipment, services, and warranties,
and abide by all terms listed on Exhibit "A."
Contractor shall not modify or alter any standard warranty from the manufacturer of the above
described vehicle or equipment. Nothing contained herein shall prevent Contractor from providing
any additional or supplemental warranty in addition to that provided by the Manufacturer. 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.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
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);aud
3. A purchase order has been issued by the Purchasing Department.
Contract No. 87-2013
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.
SECTION III. COMPENSATION
City shall pay Contractor the sum of Thirty -Five Thousand Four Hundred Eighty -Seven Dollars and
Forty Cents ($35,487.40) for the above described truck, delivered.
SECTION N. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
completion of the project.
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 by either the City or the Contractor, in whole or in part, by
mutual Agreement 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
Page 2 of 6
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.
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. 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
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each aggregate
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
Page 3 of 6
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 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.
SECTION IX. 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.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
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
Page 4 of 6
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 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 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
assignment or delegation 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. Both
parties expressly agree that this document supersedes all previous negotiations, discussions, or
conversations relating to the subject matter 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
under this Contract, must be filed in said courts. By signing this agreement, both parties are estopped
from bringing any action in alternative courts or venues. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in Wayne
County Circuit or Superior Court.
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.
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.
If any portion of this agreement is declared unenforceable by a court or tribunal, all other portions
shall remain in full force and effect.
Page 5 of 6
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
Date: f of
APPROVE
Sarah L. Hutton, Mayor
Date: Ll 2'1,4
"CONTRACTOR"
BLOOMINGTON FORD, INC.
By: Vl�e_e�
Printed name: (Lou-ise- Ale-6
Title Y
Date: 7
Page 6 of 6
PRICE REQUEST
PF
p
1
CITY i OF, MCMWO D . .
DEPARTiLTNi r OF SANI ff 1 nON
2380LBFrl�r���rL E.RicE{,Yio,11o,UMlj%Ntk4737d THIS 5 NOT ORDER
PHOKI (765)983-70NFAX(765):90-2.669
w.
YxeM'Z-'.�INs'�-.-»,s�."G= --ate r
�. - . _ — .
VENDER
INSTRUCTIONS
Bloomington Ford, Inc.
This Is a request for a ,price for the services .of materials
described. be€ow. An nflcatlons may 'tie
.y additioal speci
attached hereto,. This €e NOT �an order and the Gity reserves.
San Roberts
the vtght to accept . all'or part .or decfine fhe entire .proposal,..
Please complete .your full name arid phone nu#nber below
with signature,- ;itemize ail "price and -cha"rges where
2200 S. WAIn itStreet
requested; and attach any explanation far any substitution to.
specificatlons altered Return to a sealer€ envelope, in care of.
IN :44
Bloomington7D1
r
Rlehmand Sanitary€strict Board of Canirrtlssloners to
the adni€n€strallon building : at the "address above by the
.DATE:
REPLY MUST 13E.IN BY:
PAYMENTTERMS:
DELIVERY REQUIRED;
April 25, 20i3
[O:O.t);4.M. on May 14, 2013
UPON. RECEIPT OF INVOICE
OEL)VERED
DESCRIPTION,
This is a request for quotes to purchase one, (I) 2913 or newer % Ton Four Wheel Drive TrucklSuper Cap 142" XL.
Please see attached specifications, Please.inciude; all warranty information with quote. E Verify.requirements and
Indiana Local Pref&ence Ciairfis *11 apply to this quote, information. enclosed,
Return this sheet and the proposal sheet in a seated envelo a addressed to:
Richmond Sanitary District
Demise Johnson; Customer Service Mgr
2380 Liberty Avenue;
Ric.hmand,. tN 47374,
Re: Service Truck
Quote $ .(price to include .delivJJery' of "riew truck) a%F
U.W q Quote Valtd;:llntil OLD
MakelMode!/Year of truck being OW,-
QS GeE vrz/c4Q%.
Questions? nail Jeff Lchhioeller:at 765-983-74.64.
STATE TAX EXEMPTION # 003`121909=001
4.d S n isfirict
NAME OF FIRM QU..OTINQ*
BY:
AUTHORMED-9Y S[GNA7U8E
TRLE
p E HONE NUMBER
EXHIBIT —&- PAGE -1—OF n—
PROPOSAL SHEET
2013 or Newer 314 Ton 4 Wheel Drive
TrueidSu :erCab .142" XL
Brand, Year and Model 2-ot Eon F2,-Sv
Kna heide Brand
Deserxption of Wd, Bed must be.made for Chassis
Price of Unit '�,
Price Firm for Holy Loge. J/
E-Verification Form tilled out YesN
Local Pref'errence Form filed out Xes No
Estimated=Del very Time (after bid awarding/P.O.) l
SD
Example ofestimate — 3 months ..,.(F1 O
Fri.ce to include all sluppitig'handling and setup charges. To be del�vexed to Ricliinond
Sanitary jXstAct, 2386 Liberty Avenue; Richmond, Indiana during normal business -hours
.of Monday through Friday from 6:OOA.M. to 3 OQ PM.— exclud. itig holidbys,
Plgase . elude all... A _ ty informat on with bid.
Authorized Signature.
ftoW ton Foro, Iris:
Company Name W Si Wa[n
EkWngWn; IN 4740:
-Cooinpatiy Address
Pho—n—eINTumber
koouc. 0, C. to 040
City,.Staie, Zip
FHIBIT PAGE _OF R
2013 or NeNver A/4 Ton 4 Wheel Drive
Truck/SupearCA 1V2V XL
GENERAL:
Our Waste WaterMaintenance Department is purchasing 9:3/4 #on 'payiaad four
wheel drive service truck with Service Bed:
Dese-ri tion; Mechat cal-
ngiiue- VS Flex. uel `6;1L SOHC EFI
HD Engine Cooling System
Electronically Controlled throttle
Speed AcitomAt.ic W/Tow/Haul Mode
Aux.fransmission oil .cooler
Eiectrgnic shift-on-the-h transfet case
Four Wheel. Drive.
Sftow Plow Prep Package
3.73 Axle Ratio W/ElcetrohI ZeArAxle
Mono -beam front axle W/coil spring
suspension
Leaf spririg:rear suspensiozi
/Z-stage variable rear springs'
I3D .shock absorbers front/rear
Pwr rack &pin on..steerWg
P�vr-heel.anti Tock disc brakes
Yes
z No
Yes
No -
Yes
Na'
Yes�
No.
`i'es
/ No
No.
Yes
Y,es
No
Yes.
No
.Yes
:No
V es
I��o
YesTo
Yes nra
Yes No
EXHIBIT ._A__ PAGE 3 OF
No
Front stabilizer bar
Yes
V/
" No
Pwr steering
Yes
PWR Equipment Group
Yes
No
72-amp/hr (658CCA) maint. free battery minimum
Yes
No
�
I57-amp HD alternator minimum
Yes
No
6-3/4' pickup bog - W44) Pickup box tie-d6wn hooks
Yes
� No
ba
s e.vlvr�-
(2)-Front tow hooks Yes 1� No
Trailer swdy—Ob froI Yes No
Trailer tow PKG_-INC 7-wire harness
w/relays, 7/4 pin combination connector Yes No
I2.5K trailer hitch receiver — inc 2" hitch Yes No
Description: Entertainmeot-
A WM Stereo Yes No
Description: Interior-
Na
Pym windows/locks keyless entry -
Yes
Heater
Yes
No
Air Conditioning
Yes
`' No
HD vinyl 40/20/40 split bench center armrest,
No
cup_holder, storage
Yes
No
Vinyl 60140 fold -up rear split bench seat
y
Y es
Manual drive lumbar support
Yes
No
Dash top tray
Yes
No
.d No
Dual front grab handles
.Yes
2
BJCH4BiT �. PAGE `� OF �
er roof ride handle
Front passenger
Yes
No
Dual map lights on rear view miriror
Black vinyl full floor covering
Yes
Yes
No
No
Driver &passenger door scuff plates
Yes
No
/No
Black urethane steering wheel
Yes
Tilt Wheel
Yes
No
Securi-Lack anti -theft ignition (PATS)
Yes
N o
(4) Upfitter Switches .
Yes
tl--/ No .
12 volt aux pwr outlets
Yes
✓ No
Cruise Control
Daytime running lights
Yes
Yes
✓ No
No
Description: Exterior -
Red Finish Yes r/ No
LT 245/75R 17E All Terrain BSW Tires Yes No
17 Steel -Wheels Yes V No
Full-size spare w/lock, under frame Yes `/ No
XL Value PKG Yes No
XL Decor PKG
- Yes � No .
6" .Angular Molded Black Step Bars Yes V No
Black front/rear stone cuffs-f K, ��1-V 6 Ge, Yes NoYes
No
Outer cuff pad -f o� r� /
pr, sad V
Black Grille surround w/black "bar style' insert Yes / No
Cargo lamp integrated w/high mount stop light- Yes ✓ No
3..
EXHIBIT —LPAGES 4F R
0
Roof clearance lights
Yes
No
t-INO
Fixed rear class
Yes
� No
Tinted solar glass
Yes
Variable intermittent wipers
Yes
No
Spray-1_n. Bed Liner (Red) -
Yes
i,�l No
No
Molded black cab steps
Y
Manual folding pwr heated
mirrors w/ integrated turn signals/ courtesy Iamps
Yes
No
Description: Safe y
t/
Strobe LED lights (hide away mount in front grille)
Yes
No
Rear LED strobes into rear backups
Yes
No
No
Eiterior Back Up Alarm
Yes
Advanced multistage front air bags
Yes
No
y No
Height adjustable shoulder belts
Yes
�No
Dual note horn
Yes
-
4
EXHIBIT f PAGE OI=
The Richmohd Sanitary District is re uestin the
Knapheide Utility Bed.
This bed must be made for the track chassis'b brand name.
No exceptions.
Description of Bed:
80" Long — 36" high--14.5" deep compartments — 49" floor width -- 78" wide galva-
grip bumper with pintle recess- premium "slammable" tailgate with center release. —
flush mount lights with automotive wire harness -- standard shelving -package (7
total — 250 lb. capacity) -- stainless steel rotary latches — automotive door seals -- K —
coat corrosion protection with Knapheide's excclusive Electro-coating prime paint
system-- body full under coated.-- finish paint single stage red interior light guards —
14 guagfe two-sided A-40 galvanized steel body shell --- return flange floor design --
double spring over center door closures on all vertical doors — all stainless steel
continuous hinge — double shell 20 guage two-sided A-40 galvanizeal steel hat
section reinforced doors -- 6-year limited warranty
Knapheide Brand
1-•Model 9680LP J Service Body'
for F250 SRW Super. Cab 142" WB Yes No
(1) -- Knapheide over the cab Material Rack Yes V No
EXH}BIT L PAGE 7 OF 9
Prepared For:
Richmond Sanitary District
Denise Johnson, CSM
SERVICE TRUCK
2380 Liberty Ave
Richmond, IN 47374
Prepared By:
administrator
Sam Roberts / Bloomington Ford
2200 S. Walnut St.
Bloomington,
Email: policecarsam@gmail.com
2013 Fleet/Non-Retail Ford Super Duty F-250 SRW 4WD SuperCab 158" XL
WARRANTY INFORMATION
WARRANTY INFORMATION - 2013 Fleet/Non-Retail X2B 4WD SuperCab 158" XL
WARRANTY
Basic:
3 Years/36,000 Miles
Drivetrain:
5 Years/60,000 Miles
Diesel Engine
5 Years/100,000 Miles
Corrosion:
5 Years/Unlimited Miles
Roadside Assistance:
5 Years/60,000 Mlles
Report content is based on current data version referenced, Any performance -related calculations are offered solely as
guidelines. Actual unit performance will depend on your operating conditions.
GM AutoBook, Data Version: 266.0, Data updated 2/26/2013
@Copyright 1986-2005 Chrome Systems Corporation. All rights reserved.
Customer File:
May 13, 2013 5:44:24 PM Page 10
EXHIBITS PAGE g OF j
P'chmorid
.j
Sanitary CLARK TRUCK EQUIPMENT CO., INC, Quote
District .165 W 580 N momembit
CRAWFORDSVILLE, IN. 47933
765-1624161
FAX: 765=362-410 revised
SAM R % OBE i W.RTS Rhpne- (M) 331-2200 Date' 5/912013.
9LOOMINGTON FORD , (812) 331-3377 Rep.', Der . lhfs
2MS'. WALNUT S-T Pollcecatsmftmall.co
B LOO M iNGTON, 10 4A61 m
KNAPHEID&68OLFJ SERVICE BODY. 80" LONG;1611 HIGIFli 78.11 WIDE; 14.5"
DEEP COMPARTMENTS, 49" FLOOR W-IDTIJ; 78" WIDP, GALVA-GRIP BUMPER
WITH PINTLERECESS1. PREMIUM SLAMMABLE TAILGATE WITH'CENTER
RELEASE . FLUSH . MOUNT LIGHTS WITH AV, TOD40TIVE WIRE. HARNESS
STANDARD :SHELVING :PACKAGE (7 TOTAL: - 250 LB. CAPACITY); STAINLESS,
STEEL ROTARY LATCHES- AUTOMOTIVE DOOR SEARS, K-C'OJATCORROSION
PROTECTION WITH KHAPHEIDE'S EXCLUSIVEELECTRO-COATING PRIME
PAINT SYSTEM;: BODY vuuY UNDERCOATED; r.ims.H PAINT RED TO. MATCH
CAB; INTERIOR LIGHT GUARDS-: 14 GA. TWO SIDED A-40 GALVANNEAL
STEEL BODY SHELL; RETURN FLANGE FLOOR DESIGN; DOUBLE. S.PRING!
OVER -CENTER DOOR CLOSURES OKALL VERTICAL -DOORS- ALL STAINLESS
STEEL CONTINUOUS HINGE, DOUBLEESHELL:20 GA., TWO -SIDED A-40
GALVANNEAL STEEL HAT SECTION REINFORCED:DOORS,• 6 YEAR LIMITED
*,kRRANTY. bVE k THE, CAB MATERIAL RACK
PRICE INSTALLED.;. $6976...00
OPTIONAL:
S 7 WAY TRAILER SOCKET INSTALLED ADD:165.0
RED SPRAY IN BED LINER CARGO AREA ADD: V60.00
;FUEL FM Is
TXIT-ADI)t' .2509�
EXHIBIT PAGE_