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HomeMy Public PortalAbout190-2019 - Sanitation - Pyramid Equipment - Leaf BoxesPURCHASE AGREEMENT THIS AGREEMENT made and entered into this day of-P_r��, 2019, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, 50 North 5' 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 two (2) new leaf collection boxes for the Richmond Sanitary District (hereinafter referred to as "District"). A Request for Quotes was sent out on October 8, 2019 for two new leaf collection boxes. 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 November 12, 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. 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 H. '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 Thirteen Thousand Seven Hundred Thirty Dollars and no cents ($13,730.00) for two (2) new leaf collection boxes, with each box costing Six Thousand Eight Hundred Sixty -Five Dollars and no cents ($6,865.00), as set forth in Exhibit `B". The 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 within six (6) months from the execution date of this Purchase Agreement. Contract No.190-2019 Page 1 of 3 SECTION IV. 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 coral or 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 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. Page 2 of 3. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: Sue Miller, President Arran �ice APPROVED: "CONTRACTOR" PYRAMID EQUIPMENT, INC. Y: Printed: Title: 17 ( e Dated: () — )V_'1 Page 3 of 3 PRICE REQUEST pF A 'L * UJi ,lug, V ih IA CITY OF MCHMOND DEPARIM'NT OF SANITATION 2380 LIBERTY AVENUE.RICIMOND, INDIANA 47374 PHONE (765) 983-7450-FAX (765) 962-2669 THIS IS NOT AN ORDER V E RD O R 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 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: October 8, 2019 10:00 A.M. on November 12, 2019 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes to purchase two (2) leaf collection boxes. Please see attached specifications. Please include all warranty information with quote. E-Ver_ify 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: leaf blower boxes Quote Valid Until Questions? Call Tim Lingar 765-983-7478. $ each Total quote for two (2) leaf collection boxes $ STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary District NAME OF FIRM QUOTING:, BY: DATE AUTHORIZED BY SIGNATURE PHONE NUMBER TITLE ExA 1 4;+ A 1®�g Specifications for (2) New Leaf Collection Boxes Intent The Richmond Sanitary District intends to Purchase (2) two new. leaf collection boxes. Bidders must indicate compliance for each item throughout the quote by writing "YES" or "NO". Failure to do so may be cause to reject the quote. All "NO" answers must be fully explained on a separate sheet of paper and be attached to and submitted with quote. Failure to explain "NO" answers may be cause to reject quote. 1. Leaf box shall be 13 feet long x 84 inches wide x 72 inches tall. YES NO 2. Side panels, front panels, floor panel, and rear door shall be fabricated from 12 gauge steel. YES NO 3. Top of box shall have two thirds vented and shall be covered with W flattened expanded metal. YES NO 4. All weld seams on inside of box shall be continuous. YES NO 5. Body shall have (4) lifting eyes located on top or side. - YES NO 6. Door shall include a manual release lever, operated from the driver's side of the box. Operator shall not have to pass in front of door while releasing the door. YES NO 7. Door shall include a %" x 30" x 30" rubber sheetlocated on rear. YES NO 8. Leaf Box shall include a roller assembly for exhaust tube. YES NO 9. All.major components shall be sandblasted & powder coated. YES NO 10. Leaf box shall have tie down brackets on side of box. YES NO 11. Leaf box shall be painted Yellow YES NO 12. Leaf box shall include mounting straps or bracket & hardware. YES NO Indiana Local Preference Claim: Definitions: Affected County — Wayne County or an adjacent county. Local Indiana Business — A business whose principal place of business is in an Affected County; a business that pays a majority of its payroll (in dollar volume) to residents of Affected Counties; or a business that employees residents of Affected Counties as a majority of its employees. Local Preference Documentation If the Bidder is claiming local preference as defined by Indiana Code 5-22-15-20.9; it shall include such claim with its Bid. In addition the Bidder shall submit, as a Post -Bid submittal, all documentation required by the Local Indiana Preference form. If the Bidder is a Joint Venture and is claiming local preference pursuant to' Indiana Code 5-22-15-20.9, the Bidder shall submit all post bid documentation as required by the Post -Bid submittals. In determining whether the Joint Venture qualifies as a Local Indiana Business, as defined by Indiana Code 5-22-15-20.9, the Owner will evaluate the Joint Venture by combining each business's total payroll, payroll paid to residents of Affected Counties, total number of employees, and total number. of employees who are residents of Affected Counties. Further, each part of the Joint Venture shall submit the location of it's principal place of business will be a consideration in whether the Joint Venture qualifies as a local Indiana business. The Owner will determine whether the Joint Venture qualifies as a. Local Indiana business. The total overall Joint Venture must qualify as a Local Indiana Business to receive the local preference as defined in Indiana Code 5-22-15-20.9. Subject to Indiana Code 5-22-15-20.9, award of the Contract will be made to the lowest, responsive and responsible Bidder, where the Bid is reasonable and does not exceed the funds available for the project. The Owner reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other irregularities in Bid Documents -that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders. L '�d z �4 � * 3 0'r8 INDUNA LOCAL PREFERENCE CLAIM (Only sill out this Part if claiming to be a ]Local Indiana Business) Pursuant to Indiana Code 5-22-15-20.9, (Name of Business) Claims a local Indiana business preference for the bid for Project in Wayne County, Indiana. (Name of Project) The Claim of applicability of the Local Indiana Business preference is based upon the following (Check all that apply) ❑ 1. The location of the Business's principal place of business is: A) in Wayne County, or B) in an adjacent county ❑ 2. The majority of the business's payroll, for the previous twelve (12) months from the date of this Bid, is to residents in Wayne or an adjacent county. ❑ 3. The majority of the business's employee's, for the previous twelve (12) months from the date of this Bid, are residents of Wayne or an adjacent county. If business is deemed to be the apparent low bidder, business shall provide information pursuant to Post -Bid submittal (Local Indiana Business Preference), to substantiate the claim of a local Indiana business. POST BIl➢ SUBAUTTAL Local Indiana Business Preference Pursuant to the City of Richmond Bidding and Contract Requirements, this application for the local Indiana business, pursuant to Indiana Code section 5-22-15-20.9, is hereby submitted for the Project listed below by Bidder/Applicant (hereinafter Bidder). (Use additional sheets ifnecessary.) Date Bid Submitted: Project Name: Bidder: Project Number: Contact Name: Phone Number: Principal Place of Business: Number of Months Address has been Principal Place ofBusiness: Number of all Employees for the twelve (12) months prior to the date of Bid submission: Number of Employees who were residents of Affected Counties for the twelve (12) months prior to the date of Bide submission: 1 If the Bidder claims it is a local Indiana business because the Bidder's principal place of business is in Wayne County or an adjacent county, give a statement explaining the reasons the business considers the location named as the business's principal place of business: 2.. In order to claim local preference pursuant to Indiana Code section 5-22-15-20.9, the Bidder must supply below its total payroll and the amount of the business's payroll paid t residents of Affected Counties for the previous twelve (12) months from the date of the Bid. a. Total Amount of payroll paid to all ei ployees of Bidder in the previous twelve (12) months from the date of the Bid: $ b. Total Amount of payroll paid to residents of affected counties for the previous twelve (12) months from the date of the Bid: Bidder shall supply supporting payroll records sufficient for Owner to establish the above representations. 'When supplying supporting records, Bidder shall redact all ,Social Security Numbers E-Verify Ra quirements: Definitions: E-Verify Pro.gr — A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act -of 1996 (P.L. 104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). 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. f3 � 0 9 Q ®0 9 0 Ii [I �� � D■ 1 fl 0■ S C � q■ 9 � r e 1 S C a D■ � Y 3 0 � m G ©LI O O g 0 0 0 0 0 l! 0 � � � 0 A 0 tl � C1 ■ 0■ S■ Y !! 0 G m 0� Q � � ©� T3 0 � 07� C®Ni LL4,NCE WITH I1DI4,NA E-VERIFY PROGRAM REQUIREIVMNTS 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 the 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 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. If the 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 orpublic 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. 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 quali$ed 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. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. 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 , 20 (signature) (printed name) MAN 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. 0 ICE REOUEST p{ q1,4 CITY OF R>tCHMON DEPARTN1BNT I -'SA rl`l'XI'l ill " 2350 Idllf:ltl'S' AV1ijJU1"s•€tiC'I1\tWI),INDIANA•1737d I1 *M-5 (7b5) 953-7,150.1-AX (7G5) 962-2609 ETHIS IS NOT ANORDER VENDOR INS'1`]tl1C"I'IC7NS This is a request for a price . for the services of materials Pyramid 1.C�ill��lllEl�t Inc. eff Llnback described below. Any -additional specifications may are rttlached hereto. This is 140T an order and the City rosory the riglit to accept all or part, or decline the entire. proposal. PO Box 127 Rolling l'cl l'TG, I 7 Please comple. to your full nairio rand' phone number below +.v'alh signature. itemize all prices 43nd 'charges where requested; and attach any explanation for any substitution to specifications altered. Return Ili a settled envelope, in care of Richmond sanitary District Board of commisslonoas to tho adra lnistration building it the addross above by [he specified date and time to be considered. DATE: REPLY MUST BF. IN BY: AAYM. EENT TERMS. DELIVERY REQUIR81): October 8, 2019 10.00 AK on November 12. 2019 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes to purchase two (2) leaf collection boxes. Please see attached specifications. Please include all warranty information with quote. Ep Verify requirements and Indiana Local Preference Claims will apply to this quote, information enclosed. Return this sheet and llte provesal sheet in a sealed envelope addressed to: Richmond Sanitary District Demse Johnson, Customer Service Mgr 2380 Liberty Avenue Richmoild, IN 47374 Re: Deaf collection boxes Quote Valid Until Questions? Call Tim- Linegar 7 983-7478. � y.... �� � ��;_ _ . each Total quote fear two (2) leaf collectioia boxes $,��;_.0 N Cu {7l� � i�lul QUOTING: 7 . S7A'l TAX f~XCIv1M71G?t. 1100377.1,909t7D1f_fit, kA AUTHORIZED 13Y $IGNnTUPP rtYlr; wl ichniond Sanitary District LX�`� � � DATE PHON NUM85R Specifications for (2) New Leaf Collection Boxes Intent The Richmond Sanitary District intends to Purchase (2) two new leaf collection boxes. Bidders must indicate compliance for each item throughout the quote by writing "YES" or "NO". Failure to do so may be cause to reject the quote. All "NO" answers must be fully explained on a separate sheet of paper and be attached to and submitted with quote. Failure to explain "NO" answers may be cause to reject quote. 1. Leaf box shall be 13 feet long x 84 inches wide x 72 inches tall. 2. Side panels, front panels, floor panel, and rear door shall be fabricated from 12 gauge steel. 3. Top of box shall have two thirds vented and shall be covered with flattened expanded metal. 4. All weld seams on inside of box shall be continuous. 5. Body shall have (4) lifting eyes located on top or side. 6. Door shall include a manual release lever, operated from the driver's side of the box. Operator shall not have to pass in front of door while releasing the door. 7. Door shall include a W x 30" x 30" rubber sheet located on rear. 8. Leaf Sox shall include a roller assembly for exhaust tube. 9. All major components shall be sandblasted & powder coated. 10. Leaf box shall have tie down brackets on side of box. 11. Leaf box shall be painted Yellow 12. Leaf box shall include mounting straps or bracket & hardware. YES i NO YES— -k — NO. YES_ � NO YES _NO YES--�_—NO YES_�_NO YES)(_NO YES .NO YES NO lj YES X_NO YES ',( _NO YES�_NO I'd g �za-C3 Affidavit of Employment Eligibility. Verification The Contractor, ran@✓'"�afCx�ms under the penalties of perjury that Contractor does not owingly 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. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified. the work eligibility status of allnewly hired employees of the contractor through the Indiana E- Verify program. 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`] LL day of 1" a de,�„ , 20-i-5 - (printed name)