HomeMy Public PortalAbout122-2014 - Street - Andy Mohr Truck Center - 2 Dump Trucks.I
ORIGINAL
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT made and entered into this 0 day of U- , 2014, 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 Andy Mohr Truck Center, Inc., 2245
Lappin Court, Indianapolis, Indiana, 46229-1883 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish two (2) Ford F-450 dump trucks (hereinafter "Vehicles") for the
City of Richmond Street Department.
Certain Bid Specifications dated September 3, 2014, have been made available for inspection by
Contractor, are on file with the Director of the Office of Purchasing and Street Department, are 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 September 15, 2014, consists of one (1) page, 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 vehicles that do 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
Vehicles. 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.
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. 122 -2014
Page 1 of 5
SECTION III. COMPENSATION
City shall pay Contractor the quote amount described on "Exhibit A" for the Vehicles, provided that
Contractor's total compensation shall not exceed One Hundred Twenty Thousand Three Hundred Sixty
Dollars and Zero Cents ($120,360.00) for purchase of the Vehicles pursuant to this Agreement.
SECTION N. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
delivery and acceptance of the Vehicles.
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, 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.
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
$2,000,000 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:
Page 3 of 5
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
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, 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 fled 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.
Page 4 of 5
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"
THE CITY OF RICHMOND,
INDIANA BY AND THROUGH ITS Board of
Public Works and Safety
B `?X%
Y•
Vicki Robinson, President
By: W
Richard Fnnre_ Memher
Date: / P?J/'/
APPROVE . /
Sarah L. Hutton, Mayor
Date: i o
"CONTRACTOR"
MR TRUCK CENTER, INC.
2245 Lappin Court
riapolis, IN 46229-1883
Printed: AV id M A 16 R7—
Title:
Date: ' Z�
Page 5 of 5
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material_ described below. ;-,y additiona',
speciticado(^,s may be attached hcrcre. i his is :<c;_ if;
order and the City reserves the ri-fii i, ,cc,—p7 aH or
par. or sectine the entire proposal. %lease cnt:ipde:_
your fuli marme. addrass( and v! ore numd"er below"+'s i5 ?
Si_nanlre, itemize 2if Prices and chaf,ge :;fZerc
i: requested, and ar acnufaiation far any su6stiiLli3(i (..
SpeLitKatio S altered. Please murn in carle-
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Interoffice Memo
To:
T.L. Bosell
From:
Vicki Robinson
Date:
9-25-14
Re:
Dump trucks -bid results
cc:
file
The following bids were received for the two dump trucks:
Andy Mohr, Indianapolis IN - $120,360.00
Wetzel Ford, Richmond IN - $121,724
Bloomington Ford, Bloomington IN - $123,869.60
Pearson Ford Truck Sales, Zionsville IN - $123,916.00
Local preference paperwork was submitted by Wetzel Ford, however Wetzel did not win the
preference even with the 1% price adjustment. Because the adjusted price is $120,506.76
which is higher than Andy Mohr's bid, the bid for the two dump trucks will have to be
awarded to Andy Mohr for the total cost of $120,360.
Vicki
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