HomeMy Public PortalAbout090-2012 - Sanitary - Link Environmental Equipment - Recycle CoORIGINAL
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this tL day of vll, � , 2012, by
and between the City of Richmond, Indiana, a municipal corporation a g by and through its Board
of Sanitary Commissioners (hereinafter referred to as the "City") and L Environmental Equipment,
918 North U.S. 35, P_O. Box 158, Winamac, Indiana 46996 (hereinafter referred to as the
"Contractor').
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby agrees to purchase from Contractor two (2) 2002 Lodal model T 28-4275 split body
recycle collection trucks, with mileage of approximately 50,000 miles each, delivered.
A Request for Quotes sent out June 11, 2012, has been made available for inspection by Contractor, is
on file in the offices of the Richmond Sanitary District, and is hereby incorporated by reference and
made a part of this Agreement. Contractor agrees to abide by the same, and shall provide said
equipment conforming with the -requirements.
The response of Contractor to said Request for Quotes is attached hereto as Exhibit "A," which
Exhibit is dated June 26, 2012, consisting of four (4) pages, and is hereby incorporated by reference
and made a part of this Agreement. Contractor shall provide all equipment and services, and abide by
all terms listed on Exhibit "A."
This Agreement is expressly conditioned on delivery of said trucks to City in operating condition
with a current satisfactory D.O.T. inspection.
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.
No performance of services shall commence until the,following has been met:
25
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.
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.
Contract No. 90-2012
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Eighty -Five Thousand Two Hundred Dollars and
Zero Cents ($85,200.00) for the above described equipment, delivered.
SECTION IV. 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 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.
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
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.
Page 2 of 6
Coverne 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 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
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
Page 3 of
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 VII. 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:
1. 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
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 VIII. 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 IX. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither parry 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
Page 4 of 6
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.
RG-06%
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
By: !�
Richard Bodiker, President
Gilbert Klose, Vice President
Member
Date: 7 - o, 4�
APPROVED]
Sarah L. Hutton, Mayor
Date: ?Z2,14 �L-
"CONTRACTOR"
LINK ENVIRONMENTAL EQUIPMENT
Printed name:ip 6- )
L 5",6- Lee5 kll z
Date: 7`,P, i/` / -2,-
Page6of6
PRICE REQUEST
of ti
�{ o
s
4 a
�h
CTTM OF MCHMOND
DEPARTMtui V2A SAal%(0 TON THIS IS NOT AN ORDER
2380 L1BE12TY AVY�i[iE.12IC1�40?�),11+lDIANA 47374
PHONE (765) 983-7450.FAX (765) 962 2669
VENDOR
INSTRUCTIONS
This Is a request for a price for the services of materials
Link Environmental
described below. Any additional specifications may be
attached hereto. This is NOT an order and the City reserves
Attn: Terry O'iBrian_ Equipment Sales
the right to accept all or part, or decline the entire proposal.
Please complete your fu€1 name and phone number below
100 N. Monticello St
with signature; itemize all prices and charges where
requested; and attach any explanation for any substitution to
Winamac, IN 46996
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
snadified date andn'er
DATE: REPLY MUST BE IN BY:
PAYMENT TERMS:
DELIVERY REQUIRED.
I
June 11, 2012 10:00 A.M. on June 26, 2012
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a request for quotes for one (1) used 2001 or newer split body recycle truck. Please see attached specifications.
Please include all warranty information with quote. Verify requirements and Indiana Local Preference Claims will
apply to this quote, information enclosed.
Return this sheet in a sealed envelope addressed to: Richmond Sanitary District
Quote Valid Until July 2F , 2ar2`
Make/Model/Year of truck being quoted:
Denise Johnson, Customer Service Mgr
2380 Liberty Avenue
Richmond, IN 47374
Re: Used Recycle Truck
Total Quote $ $42, b00.0n
(price to include delivery of truck)
2002 Lndal mdl. T 28 — 4-275 split
Current Mileage of truck being quoted: 50, 000
Questions? Call Jeff 1_ohmoeller at 765-983-7464.
STATE TAX EXEMPTION # 003121909-001
-Richmond P�nitary District
Color of truck being quoted: white
NAME OF F M QUOTING:
L nk jnjloental
BY:
t
AnTHOMEO SY SIGNATURE
Nurtf clpal sales Mgt,
MLE
,Tune2A^571-2778
DATE PHONE NUMBER
EXHIBITS PAGE I 01~
i
Link Environmental Equipment
918 North U.S. 35 -- P.O. Box 158
Winamac, IN 46996
Phone. (574) 946-6651
Fax: (574) 946-3480
City of Richmond Sanitary District
Re: Lodal trucks
There are two of these trucks available, with identical specifications,
at the price quoted, These trucks are in California and would be shipped
via drop deck semi trailer to Selking International in Richmond, In.,
They would be checked for leaks, Iights etc.
When the truck is delivered to the City of Richmond it will be in
operating condition with a current D.O.T inspection.
Once the unit is accepted by the City of Richmond there will be
no warranty.
�ince ly
U
Terry '. O' rien
Municipal Sales Mgr.
Link Enviornmental Equipment
EXHIBIT ,,, L PAGE , Pr `�
LODAL E.V.O.25 CUBIC YARD 3 AXLE
• Vehicle Weight Rating GVW: 54,000 lbs.
• Wheelbase: 174' (allows for California bridge of 48,500. lb. payload) --- 1't axle to
axle =158"
• Engine: Cummins "C" series a@ 285 H.P. 6CT (California Certified)
• Transmission: Allison New World MD-3060 (5 Speed Automatic)
• Transfer Case: (Rockwell Model #T2111) Rated a@ 300 H.P.
• Front Drive Axle & Springs 22,000 Lbs.: Rockwell Axle Ratio: 6.14:1 Front Springs:
1.2,000 Lbs. capacity each at pad; 4" x 52' , 10 Leaf Front Shock Absorbers
• Drive Shafts' Upper & Lower Shaft; Spicer 1710 Series
• Independent Rear Suspension: Tandem Axle with equalizer beam Rockwell spindles;
Non -Driving
• Park & Emergency Brake: Type 30 Spring Applied; Air Release; two (2) front Axle
Mount and two (2) Front Axle of Tandem — total of four �4)
a Service Brakes: full air,- Rockwell ("S" cam) 15.5" X 8", Self -Adjusting, Cast Shoes, Air
Compressor Cummins 18.7 C.F.M.----
• EJectrical: 12 Volt; Negative Ground, Alternator; Delco Remy -�105 Amp; Batteries - 625
C.C.A. X 2 =1,250 C.C.A. Battery Kill Switch
Wiring Harnesses: 21 Modulbr Sections Interconnected with Deutch Metal Multi -Prong
Sealed Interconnections between each Loomed Harness Color Coded %44th Number on
each Wire Heat Resistant Insulation
• Tires: Goodyear model #G-178-SS (super single) (16.5R 22.5 --18 Ply).
• Wheels: Pressed Disa Wheels -12,25 Rim Width -10 Stud (new vented style)
• Fuel Tank: 50 Gal. With Filter And Water Separator
• Power Steering: Ross steering gear - with single hydraulic cylinder - 2" Diameter X 12"
Stroke (upgraded to 1314" ball stud)
• Refuse Body: 25 Cubic Yards, Tailgate; Top Hinged — under body style TIG latching,
Self Locking/Mag 20 Style Integrated Body, Hopper, and Forward frame
• Side Loading Hopper: 1.65 Cubic Yard Capacity - (330-Ga1.) 32",Deep X 50" Wide X
48" Long
• Compactor: 130,000 lbs. Compaction Force as 3,000 P.S.I., 2 Hydraulic Cylinders - 3
Stage Telescopic, 5.25" Diameter Cylinder
• Hydraulic System: Gear Type Pump; Hydraulic Reservoir, 48 Gallon; Hydraulic Control
Valve, 2 Speed
• Cab: 18" Step-in Height, Stand Up Drive On Both Sides, Tilt Steering On Left Side.
Instruments: Front And Rear Axle Air Pressure Gauges, Voltmeter, 'Fuel,
Speedometer, Tachometer; Hour Meter.
EXH181T _L_ PAGE 3 OF q
OTHER FACTORY OPTIONS INCLUQED
• Air Dryar Installation - Bendix ADIP
• Battery Kill Switch
• Fans _ Dual Electric
8 Hopper Night Light
• Kysor Engine Shutdown wllaw coolant
• Front Wheel Rubber Splash Guards
• California Style Backup Alarm
• Cab Roof Vent - three position
• Special Extra Length Seatbelts
• Dual Additional Backup Lights (#PM408)
Right hand side dual headed cart dumper
EE92E:�