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HomeMy Public PortalAbout117-2014 - Sanitary - Golf Cars Plus - Buy 1 Golf CartsORIGINAL PURCHASE AGREEMENT THIS AGREEMENT made and entered into this �3 day of + , 2014, 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 Golf Cars Plus, 607 N. Main Street, Plainwell, Michigan, 49080 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one new 2014 model Yamaha YDRA Drive gasoline Golf Car, delivered. A Request for Quotes sent out August 13, 2014, has been made available for inspection by Contractor, is on file in the offices of the Richmond Sanitary District, and contains Specifications consisting of four (4) pages marked as Exhibit "A" hereto (including Addendum # 1), which is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same, and shall provide said golf car conforming with 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. The response of Contractor to said Request for Quotes is attached hereto as Exhibit "B," which Exhibit is dated August 20, 2014, consisting of three (3) 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 `B." 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. 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 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);and 3. A purchase order has been issued by the Purchasing Department. Contract No. 117-2014 Page 1 of 6 SECTION 11. 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 1I1. COMPENSATION City shall pay Contractor a total sum of Five Thousand Four Hundred Seventy -Four Dollars and Zero Cents ($5,474.00) for the above described equipment, 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, 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 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. Coveraze A. Worker's Compensation & Disability Requirements 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 Limits Statutory $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. 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 Page 3 of 6 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; 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 APPROVE Sarah L. Hutton, Mayor Date: "CONTRACTOR" GOLF CARS PLUS By: /z. ca Printed name: (A/fily � Title Date: 9PZ` 7 /V Page 6 of 6 A yo SALLY L. HUTTON { Mayor WILLIAM N. HARRIS Director CITY OF RICHMOND DEPARTMENT OF SANITATION 2380 LIBERTY AVEI\W#RICHMOND, INDIANA 47374 PHONE (765) 983-7450•PAX (765) 962-2669 GOLF CART MINIMUM SPECIFICATIONS Model The Drive Year New (2014 or newer) Dimensions; Overall Length 94.3 in. Overall Width 47.2 in. Overall Height With Suntop 70.4 in. Wheelbase 64.6 in. Front Wheel Tread 34.3 in. Rear Wheel Tread 38.6 in. Minimum Ground Clearance 4.3 in. Engine/Drive Train; Engine Type Gas Yamaha built, low emission single cylinder 60 degree incline OHV Displacement 357 cc Bore x Stroke 85 x 63 mm Horsepower 11.4 HP (8.5 Kw/355 rpm) Compression Ratio 8.1:1 Lubrication System Splash style positive oil lubrication Oil Capacity 1 U.S. quart ( 1 liter, 1000 cc) Air Cleaner Two stage, urethane -foam pre -cleaner and high -capacity pleated paper cartridge Cooling System Forced Air Carburetor Mikuni BV26-18 Ignition System Transistor magneto ignition Transaxle EnduraDrive "V-belt automatic forward/reverse transaxle equipped with high - precise helical gears, 11.40:1 drive axle ratio Chassis; Frame HydriCore t" Chassis features a robotic welded automotive ladder -style steel frame mated to a polypropylene structure floor. Frame is protected with a multi -step full - immersion phosphate treatment, electro- deposition epoxy -based coating, and a electrostatic applied polyester/urethane powder topcoat. Page - 1 - of 3 EXHIBIT PAGE _J_0F__q_ SALLY L. HUT MN Mayor WILLIAM N. HARRIS Director CITY OF RICHMOND DEPARTMENT OF SAMi'ATION 2380 LIBERTY AVENUE•RICHMOND, INDIANA 47374 PHONE (765) 983-7450•FAX (765) 962-2669 GOLF CART MINIMUM SPECIFICATIONS Chassis; Body White. Custom -formulated thermoplastic olefin, painted with a two-part topcoat of high -luster automotive grad polyurethane. Steering Self -compensating double reduction helical rack-and-pinion, permanently lubricated with sealed bearings and greaseless tie -rod end. Front Suspension Tru--Trak 11 tm fully independent automotive - style strut suspension Rear Suspension Unit swing arm with coil springs over hydraulic shock absorbers Brakes Maintenance -free internal transaxle disc brake Seating Seamless, fabric -backed vinyl bonded to pure virgin foam contoured seat cushions and mated to a warp and moisture resistant polypropylene bottom, strengthened with plated steel inserts Bumpers Front and rear 5 mph energy -absorbing bumpers Performance; Max Forward Speed 15 mph (24 km/h) Max Reverse Speek 11.4 mph (18.4 km/hr) Turning Radius 9.2 ft (2.8 m) Page 2 - of 3 EXHIBIT _L PAGE 2.0OF-LL— 1 o y SALLY L. HUTTON ° Mayor 0 0 * 'e1r * WILLIAM N. HARRIS Director CITY OF RICHMOND DEPARTMENT OF SANITATION 2380 LIBERTY AVENUE•RICI MOND, INDIANA 47374 PHONE (765) 983-7450-FAX (765) 962-2669 GOLF CART MINIMUM SPECIFICATIONS General; Dry Weight (with sun top, less battery) 608 Ibs (276 kg) Battery Included Fuel Tank Capacity 5.8 US gal (22.0 Q Tire Size 18.00 x '8.50-8.00 (4-ply rating) Seating Capacity 2 persons Body Color White Seat Color Stone Standard Top Stone Fold Down Windshield Tinted, Installed 3 Sided Enclosure Installed Steel Cargo Box w/Tailgate Installed Warranty Standard 4-year limited vehicle warranty Price Delivered To: Richmond Sanitary District 2380 Liberty Avenue Richmond, IN 47374 FF Page - 3 - of 3 EXHIBIT PAGE 3 O Date: August 1 S, 2014 To: Ali Bidders From: Karen Rodenburg, AV\VTP Superintendent RE: Golf Cart ADDENDUM #1 This is "Addendum "1". This addendum is in reference to the above -mentioned services. • Please indicated lead time for delivery of Golf Cart • Six (6) pages of additional documents as requirement by the City of Richmond enclosed Please mark Addendum #1 on outside of envelope when returning quote. EXHIBIT PAGE 4 OFF PRICE REQUEST 07'Y OF MCHMOND 2380 LIB R' YAVEtNUEWNrr OF .RIICH ND NDIANA47374 THIS IS NOT AN ORDER PH0,1'E(765)983-7450.rAX(765?962-2669 Golf Carts + 607 N. Main Street Plainwell, Ml 49030 INSTRUCTIONS This is a request for a price for the services of 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 and phone number below with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to specifications ailered. Return In a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the j DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: I August 13, 2014 10:00 A.M. on August 26, 2014 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for a New Yamaha Golf Cart. Please see attached specifications. Also include all warranty information with quote. Return this sheet in a sealed envelope addressed to: Richmond Sanitary District ewarizw Denise Johnson, Customer Service Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: Golf Cart Questions? Call Karen Rodenburg, 765-983-7480. Quote Valid Until AO---M,66g 3G zv�y STATE TAX EXEMPTION # D03121909-001 LN M-1 r _,� e • • Total Quote $ j NAME OF FIRM QUOTING: _-"0 405 4i5 BY: r/ AUTHORIZED BY SIGNATURE TITLE f Zo DATE PHONE NUMBER EXHIBIT _B- PAGE I OFF www.golfcars-plus City of Richmond, Department of Sanitation August 20, 2014 2380 Liberty Ave. Richmond, IN. 47374 Golf Car Proposal (1) New 2014 Yamaha DRIVE Gasoline Carburetor Powered Golf Cars 2014 Yamaha YDRA DRIVE Gasoline Golf Car equipped with a Yamaha 357F 11.4hp four- stroke gas engine, ATV Style clutch, 525 CCA Battery, Impact absorbing bumpers, Tru-Trak 11, precision steering system, and TPO Plastic bodies (Glacier White) $ 5,474.00 Standard Features ClimaGuardTop................................................................................... Included SweaterBasket.................................................................................... Included Automotive -Style Dash......................................................................... Included Premium Accessories Hinged Tinted Windshields......................................................................... Included 3-sided Enclosure ............. .. Included ..................................................................... Steel Cargo Box with Tailgate........................................................... Included Total $5,474.00 The prices and rates quoted above are good for thirty (30) days_ Delivery: 30 Days from issue of Purchase Order Terms: Upon Receipt of Invoice Warranty: Yamaha Limited Four -Year Parts and Labor Warranty - see attached Golf Car Service, Parts and Warranty: Service, Parts and Warranty for this golf car, will be handled by Golf Cars Plus, or one of their authorized sub dealers. Presented By: Golf Cars + Doug Turner Indiana Territory Sales Manager Plainwell, MI - Main Office 607 N. Main Street Plainwell, M149080 P (269) 685-6828 • F (269) 685-6051 Acceptance: City of Richmond, Department of Sanitatioin By: Title: Traverse City, MI 336 North US 31 South Traverse City, M149684 P (231) 943-4645 • F (231) 943.5201 FJ(HIBIT � pgGL a OFF 2014 Models OYAMAHA For USA &Canada YAMAHA GOLF -CAR COMPANY LIMITED 4-YEAR GOLF CAR LIMITED WARRANTY Yamaha Golf -Car Company hereby warrants that any new YDRA gas or YDRE electric Yamaha golf car purchased from an authorized Yamaha golf car dealer in the United States will be free from defects in material and workmanship for FOUR years from date of purchase, subject to the stated limitations. DURING THE PERIOD OF WARRANTY any authorized Yamaha golf car dealer will, free of charge, repair or replace, at Yamaha's option, any part adjudged defective by Yamaha due to faulty workmanship or material from the factory. Parts used in warranty repairs will be warranted for the balance of the vehicle's warranty period. All pails replaced under warranty become property of Yamaha Golf -Car Company. GENERAL EXCLUSIONS from this warranty shall include any failures caused by: a. Abnormal strain, neglect, or abuse, including lack of proper maintenance, and use contrary to the Owners/Operators Manuel instructions. b. Accident or collision damage. c. Installation of parts or accessories that are not original equipment. d. Fading, rust, or deterioration due to exposure or ordinary wear and tear. e. Modifications or alterations that affect the cars condition, operation, performance, or durability, or which makes the car serve a purpose other than use as a two -person, golf course vehicle. f. Damage due to improper transportation. g. Acts of God, i.e. lightning, hail damage, flooding, fire, etc. WARRANTY COVERAGE: Year 1: The first year of warranty shall cover the entire vehicle except for the Specific Exclusions below. Year 2: The second year exclusions are the YDRA battery, body parts, seats, mats, bumper assembly, bag carrier, scorecard holder, trim, and the Specific Exclusions below. Year 3: The third year exclusions include the second year exclusions, plus the control cables and electrical system (except electronic speed controller, battery charger, and electric motor), and the Specific Exclusions below. Year 4: The fourth year of the warranty covers only the electric motor, speed controller, battery charger, and transaxle on the YORE and the engine, clutch system (except drive belt), and transaxie on the YDRA. SPECIFIC EXCLUSIONS: Specific exclusions from this warranty shall include the following: • Electric car batteries, which are covered under a separate warranty. • Any parts replaced due to normal wear or routine maintenance, Including oil and air filter elements, fire wear, spark plugs, starter and dutch drive belts. • Any charges Incurred in transporting a golf car or charger to and from an authorized Yamaha golf car dealer for service or to performing field service are also excluded from this warranty. • Gasoline powered golf car starting batteries on vehicles equipped with a golf course GPS device, or any other device with a parasitic current draw, unless the vehicle Is equipped from the factory with an optional deep cycle starting battery. THE CUSTOMER'S RESPONSIBILITY under this warranty shall be to: 1. Operate and maintain the golf car and charger as specified in the appropriate Owners/Operators Manual; 2. Give notice to an authorized Yamaha golf car dealer of arry and all apparent defects within ten (10) days after discovery, and make the vehicle or charger available at that time for inspection and repairs by the dealer's authorized representative. WARRANTY TRANSFER: Any transfer of warranty must take place within the first three years of the original in-service date of the vehicle. The vehicle must be re -registered by an authorized Yamaha Golf -Car Dealer within 30 days of transfer. A fee may be charged for the transfer of the warranty. YAMAHA GOLF -CAR COMPANY MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE OBLIGATIONS AND TIME LIMITS STATED IN THIS WARRANTY ARE HEREBY DISCLAIMED BY YAMAHA GOLF -CAR COMPANY AND EXCLUDED FROM THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ALSO EXCLUDED FROM THIS WARRANTY IS ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE. Yamaha Golf -Car Company, NEWNAN, GEORGIA 30265-1320 EFFECTIVE DATE: 611113 LIT-13710-01-13 EXHIBIT $PAGE OFF