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HomeMy Public PortalAbout094-2023 - Sanitation - Pyramid Equipment - Trash Truck AGREEMENT THIS AGREEMENT made and entered into this ') \ day of ijA.R 2023, 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, Rolling Prairie, IN 46371 (hereinafter referred to as the"Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one (1) 2023 Freightliner Chassis Commercial Side Load Trash Truck, as more specifically described on Exhibit "A" attached hereto and incorporated by reference herein. The contracting price, as more specifically set forth below, shall include all shipping, handling, delivery, pick-up and set-up charges. The vehicle shall be delivered to the Richmond Sanitary District WWTP at 2380 Liberty Avenue, Richmond, Indiana 47374. 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, 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". 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 and deliver the vehicle described on Exhibit "A" attached hereto as soon as is practically possible, which is estimated to be Twelve to Fourteen months from the execution date of this agreement; however, the parties acknowledge that the delivery estimation is contingent upon delivery of the chassis to Contractor. 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); arid 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 arid is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work relative to the delivery of the vehicle described herein. SECTION III. COMPENSATION City shall pay Conractor the sum of Two Hundred Fifty-four Thousand Six Hundred Thirty-nine Dollars and 55/100 ($254,639.55), in consideration for the vehicle specifically described within the Exhibit attached hereto, inclusive of delivery. C jr.rit4/ , 41 2 1I Page Contract Number 94-.2023 SECTION IV, TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue until such time that the Contractor delivers the vehicle, in new and working condition, to the City, which delivery shall occur within a commercially reasonable timeframe from execution hereof, but not more than the tim.eframe set forth in Section 1, above. 'Nothing in this agreement shall be interpreted to waive any of the City's remedies that may be available to it at law or in equity, specifically those pertaining, in any manner, to laws pertaining to a purchaser's remedies for the furnishing of a defective automobile. Notwithstanding the term of this Agreement., City may terminate this Agreement in whole or in part, for cause, at any time before the delivery of the vehicle described above specifying 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. 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. Coverage Limits A. Worker's Compensation & Statutory. Disability Requirements U. Employer's Liability $100,000 C. Comprehensive General Liability 2 I Page Section L Bodily Injury S1,000,000 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 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 th.e violation. If Contractor fails to remedy the violaCon 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'VEIL IRAN INVESTMENT ACTIVITIES 3 Page Pursuant to Indiana Code (IC) 5-2.2-1.6.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event.Board detemnnes 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 Agreemern 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 A. 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; 3. 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 X. RELEASE OF LIABILITY „ . 4 I 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 he 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 he 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 alterrative fortun, 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, includli.g 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. 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. 5 Page "CITY" "CONTRACTOR" The City of Richmond, Indiana, by and Pyramid Equipment through its Board of Sanitary Commissi mers • Sue Miller, President ("AC (Printed): Dated: 5 Tide: // — Amarrrashi, Vice President Dated: Dated: V24/2.2 .J,3:e.g-St&tr7i, ember Dated: APPROVED: Dated: 45C- 6 | / | Specifications for Commercial Trash Truck Body: | Attached vvRh these Commercial Trash Truck Body spec ia the specs for our type of 3-yard Commercial Containers, This will ensure that your truck will hook Uptco and dump our tubs without any issues. Alternates tm the fo(|mmving specifications must beexplained in detail. Alternates must be detailed ona separate sheet page referenced tothe appropriate section number. Failure tofurnish this information may be cause for r rejection 8fbid. | -^ | 1. General Description YES Alternate A. The compaction body iaen automated container loading and dumping device. It will have nominal oopocih/ of(25) yards and be capable of compacting refuse � and ejecting same from the body at the disposal site, B. The receiving hopper area will be approximately cubic yards and will } accommodate up to and including 4 cubic yard side-load containers without i / damage � 2' Compaction Body Construction A. Continuous cylindrical design, suitably reinforced and a minimum of3/1G inch / ubao| in thickness. There will be a reinforcing ring of3''x3''x 1/4" minimum square tubing behind the hopper area and at the rear of the body. B. Tailgate will be constructed of minimum 3/16^ steel with a 3^ x3^ x 1/4" square tubing ring reinforced to prevent distortion in normal use. -- C. Body floor(cylinder tray) to be minimum of 3/8" hi-tensile steel plate with 1/4^ replaceable channels. | | D. The compaction plate shall be all 3/18^ atee| deuign, reinforced so no distortion occurs during operation, Minimum of four (4) 14" x Q''x 1'' retainer teeth on top _ and eight (G)4" x Q" x 2" retainer teeth on bottom shall retain the refuse once compacted. E. The compaction plate shall have minimum three (3) replaceable wear slides per side for atohe| of six (6). F. The body iahobo equipped with ahinged access door located on the side | opposite the container loader in order to provide easy aoroao to the hopper | area.The minimum size of this door ahmU be approximately 44" x 35^ and be of | one (1)piece 3/16" steel rolled to conform to the body curvature. � � G. The opening of the hopper will be protected on three sides with a wind screen to � prevent trash from exiting the hopper. The wind screen will extend 10 inches minimum above the top cf the circumference of the body. PAGE \ OF �� YES ALTERNATE 3' Hydraulic Design � � A. The unit shag be equipped with a single ntago, engine driven hydraulic pump of � high GPM, low RPM displacement design, with epriority flow control device and � dry-valve to oordm| the pump, it will deliver minimum of1G GPM @ 758 engine ! RPM to operate the lift s¢engine idle. — B. Compaction cycle oortro shall be push button controlled from inside the truck � cab with ana|eotric+o"er-air operated spool valve. C. The oil reservoir shall be 1-1/2 times the capacity of the hydraulic system but not |oas than 55 US gallons and shall be mounted on the side opposite the container | loading device for ease ufmaintenance. The top of the reservoir tank NOT TO / | EXCEED 54^ above pnound level in order that oil may be added without the necessity of climbing mn units, thus eliminating falls and/or injury to maintenance personnel. i | D' The hydraulic system will be equipped with a hydraulic oil filter on the return line ! i inside, on the top of the tank and n1OO wire mesh suction strainer, There will be a high pressure, irl-line filter of1O micron capability in the pressure |ima ahead of ! the main control valve. The filter will beof the replaceable element type and will be furnished,with a1O micron cartridge element. The hydraulic system shall be designed to minimize the generation of heat within the system. / E. The hydraulic system shall be equipped with a pressure protection device to / insure o maximum mf25OO-PS> operating pressure. 4. Controls A All movements of the loader (up, down, in, out) one to be accomplished with no more than three (3) nyRndonx. B. Loader is to be operated with two (2) air controls located within easy reach of the operator. These controls ohoU be ofa'YeaLhareb|o" deo|gn, cables or chains will not bu acceptable. C. Compaction cycle ahe!| be nunhn||ed with e|ecthu-ovopo|r hydraulic spool typo � valve. Compaction cylinder nstumu forward automatically when oomp(oha compaction stroke is achieved. Button is to be within easy reach of the operator | inside the cab. Hydraulic valves are tobe mounted outside the body for ease nf maintenance. � | i � PAGE '� OF �� | / —_--___' ' � ' � YES ALTERNATE � 5. Tailgate | / A. Tailgate shall be hydraulically raised, lowered and locked with three (3) hydraulic cylinders. The tailgate shall bn operated from a control switch located within easy reach of the operator inside the cab. Unit will have on audible warning buzzer when the tuUgmh: in unlocked and while being raised or lowered. O. Container Loader / A. The container loader, used in conjunction with the compaction body, will provide � means to pick up, dump, and return to the ground 1'1/2 through 4 cubic yard containers. The container loader will be rated st3.UOU pounds lifting capacity at 30" of extension. EL The container loader shall be capable of extending outward from the fully ! collapsed position am|nimum of48 inches in o horizontal plane. For operations | between containers in alleys, the ||ft must be capable of being partially raised to � container attachment level without increasl g the total height of the unit, thus � preventing damage to overhead wires. It shall also be capable of servicing a container which sits at loading dock height (approximately 48^ above ground � ! level). / | 7. Paint | /, The compaction body and loader shall be free of all weld slag and sandblasted thoroughly before painting. Paint tube acrylic air-dried enamel. Primer tobe � approved for use with finish coat. Color TBD. _ | 8. General | A. The compaction body shall have all necessary warning decob. lights and � reflectors to meet State and Federal highway standards, Shall have four work lights mounted in work area and one in the hopper,Strobe Light\obomounted � on center oftailgate. Rear vision camera with 7''flat screen monitor hobe installed. | | IEXHIE3 | ! / � | � | | ! /\ ' [7 & PAGE_ -\ OF � / ?sr III Pyramid Equipm-, t, Inc 211 South Prairie Street P 0 Box 127 Quote Number: 8888 Rolling Prairie, IN 46371-0127 Quote Date: Mar 22, 2023 Page: 1 Voice: 219-778-2591 Fax: 219-778-2592 Quoted To: Ship To City of Richmond Sanitary District Attn: Accounts Payable 2380 Liberty Avenue 50 North Fifth Street Richmond, IN 47374 Richmond, IN 47374 CustOruer ID Good Pim 1314fment Tfirms Sates Rep' CITYRICMOND 4/21/23 Prepaid Linback,Jeffery Qty Line Item ID Description Unit Price Amount 1.00 *2023 Freightliner M2106 Dual-drive Freightliner Chassis 262,515.00 262,515,0C WITH 1.00 * Pak-Mor HLR24 Commercial Side-load Body -Hot shift PTO w/dIrect mount pump -1/4"floor,3/16"sides Emco curbside lift -Tailgate mount strobe light -Hopper&work lights -Camera system -Remote grease system -Broom &shovel holder -Multifunction strobe system SMART lights -White paint 1.00 *Sourcewell Contract#081716,Sourcewell ID#26620 7,875.45 -7,875.4E PLEASE NOTE: Pricing does not include FET.A valid exemption certificate must be on file at time of order placement. Approximate chassis availability August 2023 EXHIBIijOFt 1 Subtotal 254,639.65 Due to the instability of the steel market, prices subject to change IN Sales Tax without warning ' TOTAL 254 639 Any applicable taxes, i.e. IN Sales Tax, Federal Excise Tax (FET), etc, will' charged on the Invoice unless a valid Exemption Certificate is included vi order.