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HomeMy Public PortalAbout159-2023 - Sanitation - Pyramid Equipment - Recyling Truck AGREEMENT THIS PURCHASE AGREEMENT made and entered into this , day of GA , 2023, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Pyramid Equipment, Inc., 211 South Prairie Street, PO Box 127, Rolling Prairie, Indiana, 46371-0127 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to provide one (1) 2024 Freightliner Chassis with New Way Sidewinder ALS24 Automated Side-Load Recycling Truck pursuant to the attached proposal tendered by Contractor, which is attached hereto and incorporated by reference herein as "Exhibit A". Contractor agrees to comply with all terms and conditions contained in "Exhibit A". The Indiana State Quantity Purchase Agreement ("QPA") with the State of Indiana was examined by the Sanitary Department. Contractor agrees to comply with all terms and conditions contained therein. Pursuant to Indiana guidelines, a City may opt to use the State QPA Bid List when purchasing and may request price quotes for specific quantities of items of equipment and/or commodities as an alternative to the standard bid procedures. The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. 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 ponditions of this Agreement, this Agreement shall be controlling. 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 2. 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 completion of this Purchase Agreement. Page 1 of 7 Co "17 0 /5 ' -2 02 3 7-77 4 Contract No. 11.59-2023 SECTION In COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A", which is the sum of Three Hundred Eighteen Thousand One Hundred Twenty Dollars and 00/100 (5318,I20.00) in consideration for the vehicle specifically described within the Exhibit attached hereto, inclusive of delivery. 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. 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 by giving at least five (5) working clays 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 and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, but shall be relieved of any other responsibility herein. 1..);:-Te 2 of-7 This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by the City if a 1.:brce-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement. to become impossible or highly impracticable. Said event or results or aftereffects of said event would. include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event., or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive l':'inforceirient of the Federal government, the State of'Indiana, or local government. 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 (..':ontractor 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 B. Employer's Liability 1.00,000 C. Comprehensive General Liability Section Bodily Injury S1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence Comprehensive Auto Liability Section 1. Bodily Injury SL000,000 each person. Page 3 of 7 $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 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. PROHIBITION AGAINST DISCRIMINATION A. Pursuant: to Indiana Code 22-9-1-1.0, 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 he 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, nation il origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 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 Page 4 al 7 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 monies 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. IRAN 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 (....:ontractor 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 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. SECTION IX. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the (.":ity and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. MIS(...T1...LANEOUS 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns, It 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 boat parties. 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. Page 5 (>17 The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, 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. 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, a:nd 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, whether or not suit is filed. 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. [Remainder of this page intentionally left blank. Signatures to follow on page 7], Page( of 7 "CITY" "CONTRACTOR" The City of Richmond, Indiana, by and Pyramid Equipment, Inc. through its B rd of Sktnitary Commissi s By: ,8tt Miller, President 72 (Printed): .,,,,,,. 1 Dated: / (-) /47 ' d'''-'3'- ---- ,-- 'f id e: , :. Anyurf3V4ii, 'Vice I3iesident li, . )3 Dated:_ D at ed: ----- / .4?-41/01141Mt --oft C ten , , Member 00er /0 -/C) - 0230 Dated: APPROVED: (-- ( ---)L,-/ ' --- ,----- 1)i-ivid-M7-S flow, 4Tar -,0 Dated: 1 0 I, ern, f Page 7 of 7 rl"k"k. k kkvA v""kt, ^ v v Pyramid Equipment, Inc ;1 ijr) r' tly-v 4 i ,^• t, 211 South Prairie Street P 0 Box 127 Quote Number: 8985R Rolling Prairie, IN 46371-0127 Quote Date: Aug '16, 2023 Page: Voice: 219-778-2591 Fax: 219-778-2592 Quoted To: Ship To: City of Richmond Sanitary District Attn: Accounts Payable 2380 Liberty Avenue 60 North Fifth Street Richmond, IN 47374 Richmond, IN 47374 --- Customer ID IF Good Thru Payment Terms Sales Rep CITYRICMOND 9/15/23 Net 30 Days Qty Line Item ID Description Unit Price Amount Sourcewell Contract 091219NWY Sourcewell ID 26620 1,00 *2024 Freightliner M2106 Dual-drive Chassis 331,375,00 331,375,00 WITH 1.,00 * New Way Sidewinder ASL24 Automated Side-load Body Hotshlft PTO AR450 hopper floor&side liner Hydraulic hopper cover LED lights Arm control rocker switches under seat Arm cycle counter Pressurized hyd tank Quick disconnect for pressure gauge Remote grease tailgate,upper cylinder pins, packer& body lift pins White paint 1,00 *4%Sourcewell Discount ..13,255.00 -13,255.00 PLEASE NOTE; Pricing does not include FET.A current exemption certificate must be Include w/order. Li PAGE110r Subtotal F 318,120,00 Due to the instability of the steel market, prices subject to change IN Sales Tax without warning AL . Any applicable taxes, i.e. IN Sales Tax, Federal Excise Tax (PET), etc, will TOT 318 12000, charged on the Invoice unlessa valid Exemption Certificate is included vi order.