HomeMy Public PortalAbout008-2018 - Sanitation - Link Environmental - 4 open top containersPURCHASE AGREEMENT ORIGINAL
THIS AGREEMENT made and entered into this LIyday of January, 2018, by and between the
City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary
Commissioners, 50 North 5`h Street, Richmond, Indiana 47374 (hereinafter referred to as the
"City") and Link Environmental Equipment, 918 N. U.S. Highway 35, Winamac, IN 46996
(hereinafter referred to as the "Contractor").
SECTION L STATEMENT AND SUBJECT OF WORK
City agrees to purchase from Contractor four (4) open top containers to be used with a hook lift
system.
A Request for Quotes has 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 a total of eight (8)
typewritten pages, which is attached hereto and incorporated herein by reference as Exhibit "A".
The response of Contractor to said Request for Quotes, dated October 21, 2017, is attached hereto
and incorporated by reference herein as Exhibit `B", consisting of two (2) pages. These four (4)
open top containers are to be used with a hook lift system, with said containers to be
approximately fourteen (14) cubic yards, with dimensions to be approximately fourteen (14) feet
long, four (4) feet high and seven (7) feet wide. The overall length is not to exceed Fifteen (15)
Feet Six (6) Inches/ The overall width is not to exceed Eight (8) feet six (6) inches.
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.
This Agreement shall not take effect until the City is in receipt of any required bonds and
certificates of insurance, and until 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 III. PURCHASE PRICE
City shall pay Contractor for the four (4) open top containers a sum not to exceed a total of
Sixteen Thousand Eight Hundred Dollars ($16,800.00), with each container to cost Four
Thousand Two Hundred Dollars ($4,200.00), as set forth in Exhibit "B".
The estimated delivery time for the above described equipment is not to exceed ninety (90) days
after the execution of this Purchase Agreement. Delivery shall be to the Richmond Sanitary
District, 2380 Liberty Avenue, Richmond, IN 47374.
Contract No. 8-2018
Page 1 of 3
SECTION W. 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.
SECTION V. 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.
In the event of any breach of this Agreement by Contractor, and in addition to any remedies,
Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement,
including but not limited to, City's reasonable attorney's fees, to the proportionate extent that
Contractor is determined to be in breach of this Agreement.
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.
If any portion of this agreement is declared unenforceable by a comIor tribunal, all other portions
shall remain in full force and effect.
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.
Page 2 of 3
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 Mi ler, President
Aman ce resident
e-1�GrdjStiJns, Member
Dated: / f^/9
APPROV
Snow ayo
Dated: 6 2 0
"CONTRACTOR"
LINK ENVIRONMENTAL
EQUIPMENT
By:
Printed. J '" t4—
Title:
Dated:
Page 3 of 3
Affidavit of Employment Eligibility Verification
The Contractor, affirms
under the penalties of perjury that Contractor does not knowingly employ an unauthorized
alien. If Contractor is self-employed and does not employ any employees, Contractor
verifies he or she is a United States citizen or qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and
shall not retain an employee or contract with a person that the Contractor subsequently learns
is an unauthorized alien.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification throughout the duration of the term of a contract with a
subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this day of 52018.
(signature)
(printed name)
OPEN TOP CONTAINER DESIGN FEATURES
TO BE USED WTMA HOOD LIFT SYSTEM
Containers are to be approximately 14 cubic yards. Dimensions are approximately 14' long,
4' high, and 7' wide. The overall length is not to exceed 15' 6". The overall width is not to
exceed 8' 61% Containers are to be painted an Omaha orange, or similar type color.
YES NO
1. Rails must be a maximum of 41" wide from outside to outside.
2. Lift.bar must be a minimum of 2 & 9/16 "in diameter located se up
from the bottom of the sills to the center of the lift bar.
B. Lift bar must have a clearance of.at least 6" from the front of the container.
4. Frame for lift bar must be the .same size as sills and tapered inward to allow
for a minimum of 12"wide lift bar.
5. Rear hold-downs must be located 110" from front of container and 7" down
from floor, located on the outside of each rail.
6. Hold downs will be 4" wide and 14" long,
7. Rear door must be a solid door w1th no openings.
B. Floor is to be 3/16" thick rolled steel.
9. Floor supports, (floor channels), are to be 3"
10. Sldes; front, and door are to be 12gauge steel.
11. Side vertical supports are to be spaced at 28".
12. Rails are to be 6"x2"x1/4" structural steel tubing.
13. Doorframe and top side rails are to be 3" x 31x1/8" structural steel tubing.
14. Front top rail is to be 6"x2"x1/4" to withstand the forces of the hook lift
system.
15. Tarp bar and ladder to be 3VW... Ladder to be located on left front side.
16. The hinges must be located on the driver side of container, with the latch
located on the passenger side.
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PRICE R QUEST
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Off OF MCfMOM
=IDB7A OCIII� '111-47374 THIS, IS NOT AN ORDER
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'INSTRUCTIONS-
-VENDOR
"'b UV for a price. for the servicesservicesof materials
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additional spacifloatlons may be
= This Is NOT an 008i and the.Ply reserves
918 N. US Highway 35
�d
pleas
pt all or part, or define the entire proposal.
"or"le your full name sr4 phone number 6low
Winamac, IN 46996
With
requa
tionature. Itemize all P", and charges. whef6
ted; od -attach any explanation for any -substitution to
spenflogs
altered. Return In A sealed envelops, In care Of
R11 11
and (Sanitary blatrict. Board of ComirnfrAlOners to
the alministration
'building at the address above by toe
sp!2td
dale. and thne to be coneldered,
�ATE:
REPLY MUST BE IN BY:
PAYMENT TIRMSt
DELIVERY REQUIRED:
-
+4w. 6. 2017
10:00 A.M. an October 24, 2017
1
UPON
*ECE)PT OF INVOICE
DELIVERED
DESCRIPTION
'"Ills
is -a request for quotes for purchasing fur 141 Opep Ton Contalinetp to be used with a Hook Lift SWt M.
delivered to 5241'New Parldd Pike (after quote isawardedand a Purchase
11
'ppeolffcatlorls are enclosed. items are to be
trier Is Issued).
j JI (-Verify requirements and Indiana Local Preference Claims will apl)ly� to this quote.
I (etum the quote In a sealed envelope add-res4led, to: RIchmbnd Sanitary DieffiCt
Board . Qommissioners;
2300 Liberty Avenue
RichniOndON 47374
Rd: 009n Too Containers
I 1IeW Include 01 warranty Information With quote, Any questions, pleal call Jeff I-ohindeller at 76"83-7464.
QUote Valid- Unio Oost 06r Contain
0 .110/Z
otal Quoted Cost $ /41
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TIME
DATE PONE NUMPER
OPWN TOP CON77AHWER DESIGN FEATURES
To BE USED WITHA HOOK LIFT SYSTEM
I
Containers are to be approximately x4 pubic yards. Dimensions are approximately 14'long.,
,V high, and 7' wide. The overall length is not to exceed 15' V. The overall width is not to
exceed 8' 6". Containers are to be paint6d an Omaha orange, or similar type color.
YES NO
1. Rails Must be a mq)dmum of 41" wide from outside to outside.
2. Lift bar must be a rhifilmOrh of 2 &.9116 "in diameter located 58" up
from the bottom of the sills to the center of the lift bar.
3. Lift bar must have a clearance of at least V from the front of the container.
4. Frime for lift bar must be the same size as sills and tapered Inward to allow
for a minimum of 12" wide I I ft bar.
5. Rear hold . -dpwos must be located 11V from front of container and 7" down
from floor, located on the outside of each rail.
6..Hold downs will be V- wide and le long.
7. Rear door must -be a solid cloor With no openings,
8. Floor Is to, be 3/16" thick rolled steel.
9. Fidor supports, (floor channels), are to be 3"
10, Sides, front, and. door are to be 12 gauge steel.
11. Side vertical supports are to be sppi;60 at 281,
12, Rails arff to be -V)aX114:v structural steel tubing.
13. Door frame and too side rails are to be 311X 3N1/8" structural steel tubing.
14. Front top rail is to be 6N2114/4# to withstand the forces of the .hook lift
system.
15.Tarp bar and ladder t bpy411xr. Ladder to be located on left front side.
16. The hinges must be located on the driver side of container, with the latch
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located on the passenger side.
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