HomeMy Public PortalAbout144-2016 - Sanitation - Pyramid Containers„.IME.,E„, ORIGINAL
THIS AGREEMENT made and entered into this ) I day of IVOVtmOt ✓ , 2016, and referred
to as Contract No. 144-2016 by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Sanitary Commissioners (referred to as the "City"),
and Pyramid Equipment, Inc., 211 South Prairie Street, PO Box 127, Rolling Prairie, IN 46371
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for supplying and delivery of 100 3-yard containers for use by the
Sanitary District for a period beginning January 1, 2016, and ending December 31, 2016, with an
option to renew for 2017 and 2018 with the prices for said containers being that which is set forth
on the exhibits attached hereto, and more specifically described below.
A Request for Quotes, as well as specifications, have been made available for inspection by
Contractor, is on file in the office of the Department of Sanitation for the City of Richmond,
consisting of one (1) typewritten page, which is attached hereto and incorporated by reference
herein as Exhibit "A”.
The response of Contractor to said Request for Quotes is attached hereto and incorporated by
reference herein as Exhibit `B", consisting of seven (7) typewritten pages.
Should any provisions, terms, or conditions contained in any of the documents attached hereto and
incorporated by reference herein as Exhibits, 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. Contractor shall submit statements or bills monthly.
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(s) signed by Contractor in accordance with
I.C. § 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 111. COMPENSATION
City shall pay Contractor at the rates indicated in Exhibit `B". Specifically, the compensation for
the products and services described herein shall be as follows:
2016: $537.90 per container totaling $53,790.00
2017: $550.00 per container totaling $55,000.00
2018: $562.00 per container totaling $56,200.00
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SECTION W. TERM OF AGREEMENT
This Agreement shall become effective on and when signed by all of the parties hereto
and shall continue in effect until in effect to an including unless the parties extend
this Agreement by a written and signed Addendum pursuant to the option to renew described below.
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 thirty (30) 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.
The City shall have the option to renew this agreement for 2017 and 2018 at the rates described
above. Should the City choose to exercise its option to renew this agreement for an additional
year(s), it shall make such an election to the Contractor, in writing, prior to the expiration of this
Agreement. Contractor shall furnish 100 3-Yard Containers for each additional year, if requested
by the City, for the rates described above.
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.
This Agreement may also be terminated by either the City or the Contractor, without cause, by
giving at least thirty (30) days written notice to the other parry.
In the event of termination of this Agreement, 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.
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
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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 aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$2,000,000 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 VIL 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
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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 Board determines during the course
of this Agreement that this certification is no longer valid, Board 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 Board that
the Contractor has ceased investment activities in Iran within ninety (90) days after the
written notice is given to the Contractor, the Board may proceed with any remedies it may
have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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
XI. 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:
XI. 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;
XI. 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
XI. 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__
- — - --- . --- — -- -- — 4 1 Page
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
delegation or assignment, 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. 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.
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.
[Signatures to Follow on Page 6]
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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 nitary Commissioners
Sue Miller, President
Dated:
iceice P
Member
// -d p 4(to
APPROVED:
now, ayor
Dated: ( l —?A _1 11.1
"CONTRACTOR"
Pyramid Equipment, Inc.
B
(Printed): c2\,
Title:
Dated:
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CONTRACTREQIUEST FORM[
1. Date contract needed (Cleric or agenda deadline): 11/08/2016' Date Submitted. to Law `:11/04/2016_
2. Board/Commission that will approve contract Board of Sanitary Commissioners
3. Has bid been awarded? No Date awarded or expected: 11/8/2016_
4. Is this a Comrnon Construction Wage Project? N/A
5. Brief description of work to be performed or supplies to be furnished:
Su I in Richmond Sanitation Department 100 3 —Yard Containers 201b, 2017 and
2018
6. Name and address of Contractor to be retained: Pyramid Equipment
PO Box 127
Rolling Prairie. IN 46371.
7_ What method was used to request bids? (check one)
Request for Proposals (RFP) X Request for Quotes (RFQ)
Bid Specifications State Quantity Purchase Agr, Bid (QPA)
8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? September 29, 2016
9, Date of Contractor's Response/Proposal/Bid. October 25.2016
10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes -
11. In what office are the Bid Specifications/RFP/Bid lists on file with the City? Sanitary District
12. Attach Contractor's response unless longer than ten (10) pages. If longer than ten (10) pages, in what
office is Contractor's response filed?
13. Amount to be paid to Contractor $537 90 each container 2016 $SSOAO each container 2017 and
$562.00 each container 2018
Term of Contract: from signing of contract until December 31 2018
14, Any other relevant information:
15, Submitted By: Department: Sanitation
*Please complete and return, .along with all attachments or exhibits, at least one (I) weep before the
contract is needed for its Agenda deadline.
March 2009
Exhibit A
BOARD AGENDA ITEM
November 8, 2016
Recommendation for Purchasing 100 3-Yard Containers for 2016 2017 & 2018
To: Richmond Sanitary Board of Commissioners
From: Jeff Lohmoeller
Date: 11/8/2016
Re: Recommendation
Madam President and Board Members,
At our October 25, 2016 Board Meeting you received a bids for the Richmond Sanitary
District on the purchase of 100 3-Yard Containers. After reviewing the bids it is Solid
Waste Manager's Recommendation to award this to Pyramid Equipment of Rolling
Prairie, lodiana at the cost of $537.90 each with a total cost of $53,790.00 for 2016. $550.00
each with a total cost of $55,000.00 for 2017 and $562.00 each for a total of $56,200 for
2018. Pyramid Equipment is the lowest and most responsive and responsible company to
bid.
Bid Tab.
2016
Vendor: Type Cost Each Total
Pyramid Equipment: 3-Yard Steel. $537.00 $53,790:00
Link Enviromnental 3-Yard. Steel $575.00 $57,500.00
2017
Vendor: Tvpe Cost Each Total
Pyramid Equipment: 3-Yard Steel $550.00 $55,000.00
Link Environmental 3-Yard Steel $575.00 $57,500.00
2018
Vendor:
Type
Cost Each
Total
Pyramid Equipment:
3-Yard Steel
$562.00'
$56,200.00
Link Environmental
3-Yard Steel
$575.00
$.57,500.00
PRICE REQUEST
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VENDOR
INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
Pyramid Equipment
attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
PO Box 127
Please complete your full name and phone number below
with signature; itemize ail prices and charges where
Rolling Prairie, IN 46371
requested; and attach any explanation for any substitution to
specifications altered. Return in a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
specified date and time to be considered.
DATE:
REPLY MUST BE IN BY:
PAYMENT TERMS:
DELIVERY REQUIRED:
September 29, 2016
10:00 A.M, on October 25, 2016
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a request for quotes for, one hundred (100) three yard
containers. Please see attached specifications. This
will be a three year contract for these containers. Please include all warranty information with quote. All E-Verify
requirements and Indiana Local Preference Claims will apply to this quote, information enclosed.
Return the quote in a sealed envelope addressed to:
Richmond Sanitary District
Denise Johnson
2380 Liberty Avenue
Richmond, IN 47374
'7 �
Price Per Container$ 62�t t-/•f
Re: Three Yard Dumpsters
Total Quote Price $
Quote Valid Until
Please include any Warranty Information with quote.
Questions please call Tim Lingar at 765-983-7478.
STATE TAX EXEMPTION # 003121909-001
Exhibit
NAME OF FIRM QUOTING: —f
PCa rn iyi
bu AUTHORIZED BY SIGNATURE
D A
TITLE
DA E PHONE NUMBER
SPECIFICATIONS FOR
3 CUBIC YARD CONTAINER
RICHMOND SANITARY DISTRICT
ITEM
MMMUM/AWaMUM
YES
NO / COACAENTS
REQUIRED
1.
3 Cubic Yard
The container must be compatible to the
Refuse
side loading equipment presently being used
Containers
and owned by the Richmond Sanitation
Department ( RSD ) The City requests, at
no charge to the City, a sample of the
container being bid, fiom all bidders.
Straight line front to back edge
Minimum — 48"
Maximum — 50"
V
Height of back of container
Minimum — 54"
V'
Maximum — 55"
Front loading height
Minimumn — 39"
,
Maximum --- 40"
t�
Center line of attachment to bottom of box
Minimum — 28"
Maximum — 29"
1f
Front depth of container
Minunum — 42"
Maximum — 45"
V/10
Bottom width inside
Minimum — 54"
t /
Maximum — 55"
Minimum of 12 gauge steel on complete
container
Container top support minimum 12 gauge
triple formed side channels and minimum 7
gauge in front and rear
�+
Upper overall front width
Minimum — 60 '/2 "
Maximum -- 61 '/7"
Pick up latch attachment bolt V2" x 13/"
long, hexagon head bolt with "nylok"
lockout
ITEM
MINIMUM/REQUIRED
YES
NO / COMMENTS
La
Lids, Hinges, and
The lid shall be of one piece
Lid Components
construction, high density black
f
polyethylene resin. Each container must
include two (2) lids and adequate steel
hinge rods for the lids (covers) Baffles
are not acceptable.
Hinges will be solid steel rods of/2"
diameter. End of rods will be cut
perpendicular to length of rods to allow
end caplets to fit perfectly and tight.
Lids and necessary hardware shall be
shipped with containers for delivery,
final attachment to the container to be
1%
done by the Richmond Sanitary District.
Container Body
Minimum of three (3) 10 gauge steel
pads welded to the bottom of container
front to back This will keep bottom of
container from being directly in contact
with the ground.
One drain hole with plug.
ITEM
M11tiIIMUM[REQUIRE,D
YES
NO I COMMENTS
Lifting Device
EMCO lift brackets with three holes for
attachment to container body, attachment to be
done by Richmond Sanitary District.
Container to have slight taper to prevent
hanging of large items.
Lift attaclunents for hooking to container will
be constructed of %2" HR steel and bolted onto
container to work with the EMCO style lifting
f
device. Attachments to be packaged separately,
all hardware included, for installation by the
Richmond Sanitary District.
Reinforcement 12 gauge steel plate, 18" (wide)
x 12" (height) with three holes for EMCO lift
f
brackets welded inside container on both sides.
r!
Painted inside and outside with high industrial
enamel in the dark brown color. Metal to be
cleaned of all foreign materials before
painting. Painting will be one spray coat of red
oxide primer and two coats of heavy industrial
grade enamel in the dark brown color.
ANSI Safety Stickers to be provided by bidder
for each container.
Warranty
Minimum warranty of one (1) year.
Warranty is to include the following coverage.
1. Damage to the container body, lid or any
component parts though opening or closing the
lid. 2. Failure of the lower lift bar from damage
during interface with standard ANSI approved
lifting devices. 3. Failure of the body and lid to
maintain their original shape. 4. Damage or
cracking of the container body through normal
operating conditions.
Shipping
All containers are to be delivered to the
Richmond Sanitary District, 2380 Liberty
Avenue, Riclunond, Indiana. 47374, City of
Richmond will purchase approximately one
hundred (100) containers per year and we
would like a quote for 2016, 2017, and 2018.
PRICE PER CONTAINER — 2016
($ 53. 90 )
PRICE PER CONTAINER — 2017
PRICE PER CONTAMR. — 2018
($ :J Lc' . QQ )
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