HomeMy Public PortalAbout138-2019 - Sanitary - Pyramid Equipment - Yard Containers{ PURCHASE AGREEMENT ORIG'INAL
This PURCHASE AGREEMENT is made and entered into this 13 day of
%ACV , 2019, by and between the City of Richmond, Indiana, a municipal
Corp ati on acting by and through its Board of S anitary . Commissioners, 5 0 North 5 to Street,
Richmond, Indiana 47374 (hereinafter referred to as the "City") and Pyramid Equipment, Inc.,
211 South Prairie Street, PO Box 127, Rolling Prairie, Indiana 46371 (hereinafter referred to as
the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City' hereby agrees to purchase .from Contractor, One Hundred (100) three (3) yard containers in
calendar years 2019, 2020 and 2021, in a sum per year not to Seventy Thousand Dollars
($70,000.00), in 2019, Seventy -Two Thousand Five Hundred Dollars ($72,500.00) in 2020 and
Seventy --Seven Thousand Five Hundred Dollars ($77,500.00) in 2021.
A Request for Quotes was sent on July 22, 2019. A copy of the Request for Quotes is attached
hereto and incorporated herein ,,by reference as Exhibit "A".
The response of Contractor to said Request for Quotes, dated August 5, 2019, is attached hereto
and incorporated -by reference herein as Exhibit "B".
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 material, equipment, and delivery services necessary for the
proper completion of all work set forth in Exhibit "B".
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
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.
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.
SECTION III. PURCHASE PRICE
City shall pay Contractor a sum not to exceed Seventy Thousand Dollars ($70,000.00) in calendar
year 2019 for one Hundred (100) three (3) yard containers, Seventy -Two Thousand Five
Hundred Dollars ($72,500,.00) in calendar year 2020 for one Hundred (100) three (3) yard
containers and Seventy -Seven Thousand Five Hundred Dollars ($77,500.00) in calendar year
.2021 for One Hundred (100) three (3) yard. containers. The monies to be paid to Contractor are
based upon the bid sheet submitted by Contractor, which is set forth in Exhibit "B", and attached
with this Purchase Agreement and made a part hereof.
Contract No. 138--2019
Page 1 of 3
The purchase price includes all shipping, handling and set up charges, with delivery to be to the
Richmond Sanitary District, 2380 Liberty Avenue, Richmond, Indiana during normal business
hours of Monday through Friday from 6:00 A.M. to 3:00 P.M, excluding Holidays.
The estimated delivery time for the above described equipment is no later than sixty (60) days
from the execution date of this Purchase Agreement.
SECTION Iv. PROHIBITION AGAINST DISCRIMJNAT1ON
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.
Page 2 of 3
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 and that such authorization
has not been revoked or rescinded.
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" "CONTRACTOR"
THE CITY of RICHMOND, INDLA,NA PYRAMID EQUIPMENT, INC.
by and through its Board of]
Sanitary Commissers
By: By:
ue Miller, President
Printed: r`
Title: L = JA
Dated:
Aman Bakshi, Vice President
APPROVED•
now, r
Dated:
Page 3 of 3
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PRICE RUE71v��UES
Crff OF WCHMO TD
DEP OF SANITATION
2380 LIBERTY AVENUE.RICHMOND, MIANAA 47374 THIS IS NOT AST ORDER
PHONE (765) 983 7450•FAX (765) 962 2669
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INSTRUCTIONS
VENDOR
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 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:
July 22, 2019 10:00 A.M. on August .131 2019 UPON RECEIPT OF INVOICE DELIVERED
DESCRIPTION r -
This is a request for quotes to ;purchase three yard containers. Please see attached specifications. Please include all
warranty information with quote. E--Verify requirements and Indiana Local Preference Claims will apply to this quote,
information enclosed. -
Return this sheet and the proposal sheet in a sealed envelope addressed to:,
` Richmond Sanitary District
Denise Johnson, Customer Service Mgr
2380'Liberty Avenue
Richmond, IN 47374
Re: three yard containers
•
Quote Valid Until
Questions? Call Tim Lin -gar 765-983-7478. -
NAME OF FIRM QUOTING:
BY:
STATE TAX EXEMPTION # 003121909-001
AUTHORIZED BY SIGNATURE
TITLE
Richmond Sanitary District DATE PHONE NUMBER
SPECIFICATIONS FOR
3 CUBIC YARD CONTAINER
RICHMOND SANITATION DEPARTMENT
A. SCOPE:.
The container described below is intended for use with side -loading retriever units
owned by the Richmond Sanitation Department (RSD). Containers must be
compatible with trucks and dumping units now owned by RSD.
YES No
1. Container shall have a minimum capacity .of 3 cubic yards
2. Container shall be equipped with bolt -on lift hooks for lifting
and dumping by RSD collection trucks
3. Container lift hooks: RSD will provide a lift hook to
the successful bidder as a pattern for manufacturing.
4. Lift hooks must be one piece cut 1/2" hardened steel plate
5. The 3 mounting holes in lift hooks must -be drilled to
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accommodate a %.X 1 1/4 bolt and match 3 holes drilled in
container as shown on print.
7
CONSTRUCTION:
1.The body sides and bottom, must be constructed with 12
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gauge steel. .
2. Each side (4) and bottom must be one piece
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3. All 4 corners of the sides and all 4 bottom seams must be a
continuous weld'. '
4. The top perimeter, front, back, left, and right sides must
be 2" X 3" steel tubing welded to the outside of container.
5. Top perimeter shall be welded every 6" in 3" long welds
Example 3" long weld, 6" space, 3" weld, 6" space.
6. All ends on 2" X 3" tubing must be capped and welded closed.
5
YES NO
7. The container must have 3 -- 4" channels under bottom
running from front to back. The middle channel will be centered,
and other 2 located 12" on each side of middle channel.
S. Container will be constructed with a tapered back acid sides as ,
shown in drawing. s
9. A lifting -and anti -wedge block will be welded on each side of
container as shown on print.
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10. Centered on each side near the bottom ,will be a 1 % .inch
threaded drain hole.
i LID: 2 PER CONTAINER
1. The 2 lids are to run from front to back covering the entire _
opening with a maximum of 1" over hang on the front edge.
2. The lids must be made of durable plastic. -
3. Lid must be made to prevent sagging, bending, and warping.
6,4
4. Lids must be hinged by a single V2 inch steel rod with 3 supports
orts
welded to the container. 2 at each end and 1 in the center.
5. Each end of the hinge rod will be drilled to accommodate cotter
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pin and washer to allow installing and removing lids.
PAINTING:
Container to be primed and painted inside and outside with high
-
quality industrial enamel paint.
All containers will be painted dark brown
Any shade of dark brown will be acceptable
The 3 cubic yard containers sought through these specifications
must be compatible -with side loading trucks now being used by
the Richmond Sanitation Department. It is the bidders responsibility
to check the system being used. For information and questions, contact
Tim Lingar a@ 765-983--7478
SHIPPING: i
To allow for shipping the maximum number of containers the
lift hooks with bolts, nuts, and washers, plus lids, Y21' rods
cotter pins and washers are not to be installed on containers.
This will allow the stacking containers inside one another for
shipping.
3
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All containers are to be delivered F.O.B. to the Richmond Landfill, 5242 New Paris
Pike, Richmond, Indiana
The Richmond Sanitation Department will purchase approximately 100
containers per year and we would like a quote for 2019, 2020 and 2021.
PRICE PER CONTAINER - 2019 $
PRICE PER CONTAINER - 2020 $
PRICE PER CONTAINER - 2021
When we place an order how much time will be .needed for delivery?
days.
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PRICE REQUEST
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CITY OF RICHMOND
D80 ��FS� �o�o �IANA47374 THIS IS NOT AN ORDER'
PHONE (765) 983-7450.FAX (765) 962-2669
I .ff—. I r... r-% INSTRUCTIONS
: This is a request for a price for the services of materials
described below. Any additional specifications may be
Pyramid Equipment, Inc. attached hereto. This is.NOT an order and the City reserves
PO Box 127 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
Rolling Prairie, IN 46371
requested; and attach any explanation for any substitution to
ATTN:.Jeff Linback 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:
July 22, 2019 10:00 A.M. on August 1.3, 2019 -UPON RECEIPT OF INVOICE DELIVERED
DESCRIPTION
This is a request for quotes to purchase three yard containers. PIease see attached specifications. Please include all
warranty information with quote. E-Verify requirements and Indiana Local Preference Claims will apply to this quote,
information enclosed.
Return this sheet and the ro osal sheet in a sealed envelope addressed to: -
Richmond Sanitary District -
Denise Johnson, Customer Service Mgr
2380 Liberty Avenue
Richmond, IN 47374
Re: three yard containers
Quote Valid Until O` t
.Questions? Call Tim Lingar 765-983-7478.
STATE TAX EXEMPTION # 003121909-001
.Richmond Sanitary District
NA I FIRM QUOT[N :
:Jj)C.
BY:
LU, AUTHORIZED BY SIGNATURE
TITLE
9r 1 &.25-2
DATE PHONE NUMBER
' 3
All containers are to be delivered F:O.�. to the Richmond Landfill, 5242 New Paris
Pike, Richmond, Indiana
The Richmond Sanitation Department will purchase approximately 100
containers -per year and we would like.a quote for 2019, 2020 and 2021.
PRICE PER CONTAINER - 2019. $
.PRICE PER CONTAINER. 2020
PRICE PER CONTAINER - 2021 _.
'when we place an order how. much time will be needed for delivery?
days.
6C7
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SPECIFICATIONS FOR
'3 CUBIC YARD CONTAINER
RICHMOND SANITATION DEPARTMENT.
A. SCOPE:
The container described below is intended for use with side -loading retriever units
owned by the Richmond Sanitation Department (RSD). Containers must be
compatible with trucks and dumping units now owned by RSD.-
YES NO
1. Container shall have a minimum capacity of 3 cubic yards
2. Container shall be equipped with bolt -on lift hooks for lifting
and dumping by RSD collection trucks
3. Container lift hooks: RSD will provide a lift hook to
the successful bidder as a pattern for manufacturing.
4. Lift hooks must be one piece cut 1/2" hardened steel, plate
5. The.3 mounting holes in lift hooks must be drilled to
accommodate a.'/z X 1'/a bolt and match 3 holes drilled in
container as shown on print-,.
CONSTRUCTION:
1.The body sides and bottom, must be constructed with 12
gauge: steel.
2. Each side (4) and bottom must be one piece J
4L4a 3e�'7
3. All 4 corners of the sides and all 4 bottom seams must be a
continuous weld.-
4. The top perimeter, front, back, left, and right sides must
be 2" X 3" steel tubing welded to the outside of -container.
5. Top perimeter shall be welded every 6" in 3" long welds
Example 3" long weld, 6" space, 379 weld, 6" space.
6: All ends on 2" X 3" tubing must be capped and welded closed.'
YES NO
7. The container must have 3 — 4" channels under bottom
running from front to back. The middle channel will be centered,
and other 2 located 12" on each side of middle channel.
Se Containervill be constructed with a tapered back and sides as
shown in drawing.
9. A lifting and anti -wedge block will be welded on each side of
container as shown on print.
10. Centered on each side near the bottom will be a 1 i/z inch
threaded drain hole.
LID: Z PER CONTAINED
1. The Z lids are to run from front to back covering the entire
opening with a maximum of 1" over hang on the front edge.
2. The lids must be made of durable plastic.
3. Lid must be made to prevent sagging, bending, and warping.
4. Lids must be hinged by a single ill inch steel rod with 3 supports
welded to the container. 2 at each end and 1 in the center.
5. Each end of the hinge rod will be drilled to accommodate cotter
pin and washer to allow installing and, removing lids.
PAINTING:
Container to be primed and painted inside and outside with high
quality industrial enamel paint.
All containers will be painted dark brown
Any shade of dark brown will be acceptable
The 3 cubic yard containers sought through these specifications
must be compatible with side loading trucks now being used by
the Richmond Sanitation Department. It is the bidders .responsibility
to check the system being used. Yor information and questions, contact
Tim Lingar @ 765-953-7478
SHIPPING:
To .allow for shipping the maximum number of containers the
lift hooks with bolts, nuts, and washers, plus lids, 1/z" rods,
cotter pins and washers are not to be installed on containers.
This will allow: the stacking containers inside one another for
shipping.
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The 13 o and of S anitary Commissioners of the S a-nitary District of Richmond, Indiana, met in regular
session in -the Board Room of the R7ichm.oid. Sanitaxy District Building, 23 80 Liberty Aveziue,
Richmond, Indiana, on Tuesday,"August 27, 2019 at 10:00 A.M. '•
Those p resent were A m.au Bakshi- vice --President, Greg - Stiens- Board' Member, Elijah welch-
-
District Engineer, Bryan ErDirector, Jeff Lohmoeller" ww - l"Y. and Maintenance Manager, wait
g-- .
Chidester-- .Assistant City Attorney, Jessica Foster- Assistant Recording Clerk, Pat Smoker- Plant.
Superintendent, Todd Hobson- WWTP Operator, and Tim Orrffl' RSD Lab Supervisor.
The first order of business was to approve board minutes from the .August 13, 2019 meeting. Mr. -
Stiens made a motion to approve the minutes from the August 13, 2019 meeting. Mx. B akshi
seconded. The motion passed. 2--0.
The next order of business was to approve -boards' minutes from the August 14, 2019 budget
workshop.. Z&. Stiens requested to remove Mr. Bakshi's name from those who were listed'•as
present in the minutes to correctly reflect those who attended the workshop. Mr. Stiens . made a
motion to approve the minutes from the .August 14, 2019 budget -workshop with the recommended .
amendments. Mr. B aksbi seconded. The motion passed 2 •- 0 ..
The next order of business was to approve the invoices. The invoices were 1n the total amount of
$153.352.17, covering August 9 & 16, 2019. Mr. Stien.s made a motion to approve the i�.voxces.
Mr. Baksbi seconded. The motion: passed 2--0. .
The next order of business was the Director's Report, Mr. *Ervin stated that AS CUE union -
negotiations would occur in the upoomlng weeks for salary wages and -would be reflected when the
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budget book has been finalized. He stated that another workshop could be held at that time if
necessary. Mr. Ervift stated. that Tim Lingar; Solid Waste Manager, is currently working on a - .
schedule for leaf collection as leaf season is quickly approaching. Mr. Ervin also stated that there
Would be changes coming to the way Richmond Sanitary District does special pick --ups for
presidents. There has been an increase in.non-compliance with special pick-up allowances and rules,
using up an exorbitant amount of manpower. Changes would occur at the star 'of 2 02-0 and are still '
being discussed.
The next order of business was recomr-oendation to approve. Change Order #1 to Contract #45•-201.9.
The change. order requests an additional $ 803.92 to cover increased parts prices and freight costs,
bringing the total cost to $15,526.85. Mr. Stiens made a motion to approve Change Order #1 to
Contract #45 -2 019 with. S argent's Equipment & Rep air S ervice for an additional $ S 03.92, bringing .
the total cost to $15,526.85. Mr. Bakshi seconded the motion. The motion passed 2--0.
The next order of business was to award quote, to p urchase 32--2�5 Gallon Universal Containers, 64
q
Gallon Universal Contamers, and 95-96 Gallon Universal Containers. Mx. Lohmoeller ,
recommended to award the quote to Pyramid Equipment of Rolling Prairie, Indiana, for a total not-
-to -exceed cost of $1.40,000.00 for 2019 with the- option to -renew for years 2020 and 2021 at the
same co st. IvI r: L ohmo eller re commended rej ecting the low bidder, �Arig P aeifxc Comp any, due to
not hem' able to zneet bid requirement for the container grab bar specifications. Mr. Stiens made a
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motion to award Pyramid Equipment of Rolling Prairie, Indiana, for the purchase of urnversal trash
- and roc cling containers at the total not--to--exceed..cost of $140,000.00 for 2019 with -the option. to .
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renew foroyeaxs 2020 and 2021 at the same cost.1l1r■ Bakshi seconded the motion. The motion.
passed 2--0. _
The next 6rer of -business was to award uote to urchase Three Yard Contai�.ers: Imo'. Lehmoeller 4
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recommended to award the quote to Pyramid Equipment of Rolling Prairie, Indiana, for the .
purch.as e of 10 0 three -yard containers at the total not--to--exceed cost of $7 0, 0 0 0.0 0 for 20 l 9,
.- $72,500.00 for 2020 and $77,500.00 for 2021. Mr. Stiens made a motion to award the quote to
Pyramid. Equipment of Rolling Praxr�.e, Indiana,. for the purchase of 100 three --yard containers at the f
, total not -to' -exceed cost of $70 000.00 for 2019 with the option to renew in 2020 for $72,500.00 -and .
. $77,500.00 for.2020. Mr. Bakshi seconded the motion.. The motion passed 2--0. .
The next -order -of business was to award quote for Actuators aEd V dlves Rep acement at WWTP.
Mr. Lohmo eller recommended to award the quote for actuators and valve replacements to Trivaco,
Inc. of Indianapolis, Indiana, for a not -to -exceed amount of $69,011.00, which includes installation.
Mr. Lohmo eller recona�mended roj ecti.ng the low bidder, Flo Source, due to not meeting bid '
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requirement specs. I1�. Stiens made a motion to award the quote for the ,purchase and installation of
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actuators and valves to Trivaco, Inc. of Indianapolis, Indiana, at the total not to --exceed' cost of
_$69,011.00. ,Mr. Bakshi seconded the motion. The motion. passed 2--0. .
The next item of business was. recommendation for Removal, Disposal and Destruction. of
Electronics Devices. Mir. tohmooller recommended to enter into an agreement with Recycle Force
for providing labor to load, transp orf, and destroy IT Equipment and recycle televisions at Recycle,
Force's facility at the cost of $00.20/lb. No other vendors were found that provide all of these
. services. Mr. Lohmoeller stated that in 2017 RSD spent $22,500. 0 0 on these disposal services and
would ask that the board allow for any amount of $25,000.00 for 2019. Mr. Stiens made a motion to
enter into an agreement with Recycle Force to provide labor, transportation, destruction and
recycling of IT e ui. naent and televisions for a not -to -exceed exceed cost of $25,000.00 for 2 019. Mr.� g q p_
Bakshi seconded the motion. The motion passed 2--0. t .
The next order of business was to approve purchase of Sewer Line Rapid.Assessment Tool. Mr.
Lohmoeller recommended the purchase of the SL--RAT from Duke's Root Control for the Sewer
Maintenance department to use to identify the. condition of sewer, lines within minutes -and
determine what maintenance is necessary. to perform.- Mr- Stiens made a motion to approve the
purchase of the. SL--RA.T from. Luke's Root 'Control at the not -to -exceed cost of $25,Q00.00. Mr.
Bakshi seconded the motion. The motion. passed 2--0. '
The next order of business was the Project Status Update. Mr . welch gave an up date to the Board
on the Sanitary District's current proj ects.
With no further business■ Mr. Stiens made a motion to adjourn the meeting. Mr. Bakshi seconded..
the motion. The nm otion. passed, 2--0. The meeting was adjourned -at 10:54 A.M.
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Jessica Foster, .Assistant Recording Clerk
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Ama.n Bakshi, Vice President