Loading...
HomeMy Public PortalAbout103-2013 - Street- JCL Equipment - Paint Striping MachinePURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this _,If day o 2013, by and between the City of Richmond, Indiana, a municipal corporation acting 9bn!nt`h ugh its Board of Public Works and Safety (hereinafter referred to as the "City") and JCL Equipment Co Inc., P.O. Box 396, Xenia, Ohio, 45385 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish a paint striping machine (hereinafter referred to as "equipment") for the City of Richmond Street Department, Certain Bid Specifications dated June 4, 2013, have been made available for inspection by Contractor, is on file with the Director of the Office of Purchasing and Street Department, is hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Bid Specifications is attached hereto as "Exhibit A", which Exhibit is dated June 7, 2013, consists of consists of four (4) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained in "Exhibit A." Delivery of any equipment that does not meet all specifications listed on "Exhibit A" will be considered a breach of this Agreement. Contractor shall not modify or alter any standard warranty from the manufacturer of the above described equipment. Nothing contained herein shall prevent Contractor fi-om 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. 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, and 2. 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 completion of this Purchase Agreement. Contract No. 103-2013 Page J of 1 SECTION III. COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A" for the equipment, provided that Contractor's total compensation shall not exceed Six Thousand Dollars and Fifty Cents ($6,000.50) for purchase of the equipment pursuant to this Agreement. SECTION TV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until delivery and acceptance of the equipment. 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 and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, 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 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 Page 2 of'5 B. 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 $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 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. 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 VIII. 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 Page 3 of 5 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 be canceled or terminated by the City and all monies 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 IX. 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 X. 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. 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, althougb 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 lie 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 filed. 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 Page 4 of 5 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" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety f By: Vicki Robinson, President Dian Lawson, Member Date: ! U �l APPROVED:" Sarah L. Hutton, Mayor Date: Ll /,/— ->1 "CONTRACTOR" JCL EQUIPMENT CO INC. P.O. Box 396 Xenia, OH 45385 By:l"" Title: R�:t—C7-i LA Date: Page 5of5 XHIBIT 1h PAGE I OF OHM JCf. EQUIPMENT CO INC PO BOX 396 XENIA OH 45385 937 374 1010 fax 374 0666 QUOTATION Quote Number: 1133 Quote Date: 06/07/13 Page: 1 City of Richmond S City of Richmond 50 Norlh 5th Street rL Street Department H RICHMOND, IN 47374 700 Richard Avenue RICHMOND, IN 47374 L P Fntered By: TR RFQ Numb=WAY Location: -DEFAULT Ship Via:.Account Cd: CITRIC TdxableStile person; 24 Pmt Terns: ne Order Qty part,# / Description , DISC Price [ M Extended Price Est Snip 1 i .00 5D•-'i 000 0.00 $4,126.6000 EA $4,126.50 03/07/13 HRL-1 striper Options: M 1.00 00-1002 0.00 $262,0000 EA $262.00 06/07/13 .Non -bleeder gun M 1.00 00-5001 0.00 $1,207.0000 EA $1,207.00 06/07113 .HRL partial - 7 gal. SS M 1.00 49-1000 0,00 $0.0000 EA $0.00 06107/13 -HRL,-1 frame Remove Cleaner System 2 1.00 21-5100 0.00 $415,0000 EA $415.00 06/07/13 Handgun & hoses (151) Kit Consists or. K 1.00 21-3001 0.00 $0,0000 EA $0.00 06/07/13 Aft nozzle base K 1.00 21-3002 0.00 $0.0000 EA $0,00 06/07/13 Air cap 709 K 1.00 21-4995 0,00 $0.0000 EA $0.00 06/07/13 2100 Hand spray gun 68SS no air nozzle or nut K 1.00 21-50$0 0.00 $0.0000 EA $0.00 06/07/13 Handgun air hose 15' K 1.00 21-5065 0.00 $0.0000 EA $0.00 06/07/13 Handgun paint.hose 15' -� Note: This quote is for use without reflectorized glass beads. i_hHBgf� PAGE `Z_ 0 . CITY OF RICHMOND 50 North Fifth Street NDI Richmond, Indiana 47374 (765) 983-7200 PRICE REQUEST THIS IS NOT AN ORDER VENDOR INSTRUCTIONS This is a request for a price or quote for (tic 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 decibia the entire proposal. Please complete COPY your full name, address, and phone number below with signature; itemize alI prices and charges where requested; and attach explanation for any substitution to specifications altered. Please return in care of Purchasing to (lie address above by the specified date and time to be considered runless otherwise specified, DATE REPLY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS June 4, 2013 k June I4, 20I3 by 12.00 noon DELIVERED UPON RECEIPT OF 19VOICE QUANTITY CATALOG NO. DESCRIPTION UNIT PRICE TOTAL Striping Machine -Street Dept. (see attached) Quote may be hailed, faxed or delivered to City of Richmond. -Purchasing 50 North Stb Street, Richlnond, IN 47374, FAX: (765) 983-7212 l.E �1wLQUE13T < r BY �— VICKI ROBINSON PURCHASING DIRECTOR State Tax Exemption No, 003121909-00I DAME OF FIRM QUOTING BY f�1I01 Phone No. AUTHORIZF-D BY TITLE EXHIBIT PAGE -L-OF STRIPING MACHINE -STREET DEPT. BIDDING INSTRUCTIONS The Street Department is soliciting bids for a new hand propelled single color striping machine. Machine quoted must meet or exceed attached specifications. Please supply the following information; 1) Complete specifications of striping machine quoted; 2) Cost less any rebates and/or discounts; 3) Warranty information; 4) Approximate delivery date. If you have any questions, please call Vicki Robinson Purchasing Director at (765) 983-7209. FE-HTBIT - PAGE OF SPECIFICATIONS FOR HA1\TD PROPELLED SINGLE COLOR STRIPING MACi UNT I . I Nand propelled single color, single line, paint striping machine, capable of applying traffic marking materials of all types, both reflective and non reflective. The machine must also be capable of applying all types of field marking material. 2. The frame needs to be tirade of sttudy tubular and channel construction, 3. The unit height should be no more than 42" high, 40" wide, and 60" long. 4. Rear tires should be pneumatic and tube type with anti — friction roller bearings, Rear axle shall be spring loaded with adjustable tension. Front tires should be pneumatic and tube type with sealed roller bearings. 5. Material container shall be stainless steel with 7 gallon capacity or more, It shall be electrically welded and tested to withstand an internal working pressure of not less than 100 psi. The tank shall be equipped with a lid opening of not less than 10", ASNM construction, solvent resistant gasket with 4 steel clamps and wing bolt assembly. Tank shall be equipped with drain off line on the ball valve and a shut off capable of completely emptying the tank. 6. A Y type strainer shall be installed in the paint supply line. Strainer should be easily accessible to operator. Strainer and housing shall be trade of stainless steel. 7. The engine shall be a single cylinder, four cycle air cooled overhead valve engine, 5.5 horsepower or higher. Motor shall be electronic ignition and low oil shut off switch. 8. The single stage compressor will be equipped with twin cylinders, with a displacement of not less than 11.8 cubic feet per minute at 100 psi at 900 rpm. 9. All spray equipment shall include with machine (gauges, regulators, striping gun, etc.). Please list equipment. 10. All hoses shall be solvent resistant type. All plumbing shall be stainless steel. 11. Striping machine shall be equipped with an automatic air operated pressure cleaner mechanism of not less than one -quarter capacity. 12. Line marking machine shall be equipped with hand gun take off valves for both paint and air. 13. The marking machine as specified shall be guaranteed for a minimum, period of one year against defective parts and workmanship after date of delivery and acceptance.