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HomeMy Public PortalAbout116-2012 - Sanitary - Link Environment Equipment - 100 3 yard cORIGINAL PURCHASE AGREEMENT THIS AGREEMENT made and entered into this -L day of , 2012 and referred to as Contract No. 116-2012 by and between the City­ofkichmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Link Environmental Equipment, 918 N. US Highway 35, P.O. Box 158, Winamac, Indiana 46996 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide and deliver one hundred (100) three (3) cubic yard metal refuse containers for the Richmond Sanitary District. A Request for Quotes dated August 13, 2012 has been made available for inspection by Contractor, is on file in the office of the Department of Sanitation, 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, including warranties, contained in the Specifications, except as noted by Contractor thereon. The response of Contractor to said Request for Quotes is attachedhereto as Exhibit "A," which Exhibit is dated August 27, 2012, consisting of seven (7) pages, and is also hereby incorporated by reference and made a part of this 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 conditions of this Agreement, this Agreement shall be controlling. The Contractor shall fimlish all labor, material, equipment, and services necessary for or incidental to the proper completion of all work specified, in a timely manner. 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 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. SECT ION II. S T AT US 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 work. SECTION III. COMPENSATION City shall pay Contractor a total sure not to exceed Fifty -Seven Thousand Four Hundred Sixty Dollars and Zero Cents ($57,460.00) for complete and satisfactory performance of the work required hereunder. Contract No. 116-2012 Page 1 of 5 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 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. 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 below h' L. f it the Co .t.. + ' operations mider this wiiu �eiow wuii may aiiSe vu� vi or result vm .� .�. rac�tir S Ope.a . 3 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 $100,000 Page 2 of 5 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $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 1NDIANA 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 terninated. 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 VIH. 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 Page 3 of 5 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 d. 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 IX. 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 for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of 1_U_.",- 1. .] '+1.._... T. '++�,.. + F+l„� +1. ,>.-.,..,.-E� T+ 1, li 11 JA ii-I-.-iiw yr uvugauviis h rc-dinder witxxvum mv-- piai�r WFiL en consent of ui�. Otihe party. it shall Uc 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 both 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. 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. Page 4 of 5 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, whether or not suit is filed_ 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. 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" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners Date: q -C�6 — (A "CONTRACTOR" LINK ENVIRONMENTAL EQUIPMENT. r I � By: Printed: Title: k9 !I Ni C Dj6j-L �j iAZE�-,� via APPROVED: Date: ! ' 0 ai[ua i . iAutwii, 1 iayvl Date: 9Zd911-- - Page 5 of 5 PRICE REQUEST � n7J�C [I � CITY OF 1UCI Ii1 OND 31 ! I:ill� Stl S A��!_AI 1 .ltt( EIS AfI, 111]=!`;!1 -UM-1 t'F fti� f.? C ([i) fka � !,[StH�riX r li[ij s367.2Lx(�') [T-�HIS T5 VENDOR ..._..__.._.,-.,...,...,m�....,..�..«.,..,..:..,�,,:..,.,.,.... ...-' _....�._��"`�"��..... �,,,•,.® INSTRUCTIONS -rtit5 lt� rz EUrIEfLtiI for :1 I161;S1 tut IIIC urstVc(tu OT tnatt3riof5 Link Fifivirovittiontal VquipEY e t tlowtibed Iltilow. Any widitioridll Y,I1vt411,10011r. miry bo ollliched harrlo. 'I'hIn la NOT wmOdor and Ilm CAY resflrw* 918 N t i5 Highway y 3:i the right Iq ,lccolll .01 or Tkzitt, Of dedIF10 IIIQ ('110 a plollo :ul. - I umm'..-c13mp!tSIIS Vow full 11rulie miff phollo lllrlllh;�r t7ulow i�(i Box with 'Mfgolllelff, ilc®izo aft I1licc,a rlllff r11,:1rj1=. Vvhoxc rogw loft; lind alttault any mplAnAtioll fur mV %Ub Aihltiail In *ttat cari,';tltton:l aft.Ultldi RwIl n Ill a nflatod unvoli po, ill cam of Witt 1 mic. IN 10996 Riciinrmtil $87tlltiry Muldcf Board of Corm! k5lolulr.: to lIiE1 u3nllrlistiatirnS It3r��tlie� t1t the a[fdruS� pbove Ixy thl. 104111: 1c:1'i'YO'Brion !;jwdgicitditrlawl fillic.,totrocs�r►z;ttl�t4fl. DAT1e RE'llI.Y MUST Or- IN By: PAYt1111NTIC14tft, DEI. i RY RF.QUIRCfa: A11pI1r�t 1 S, 2P 1 IO:00 h t t 6A Auc w-A 2f3 7011 UIVN Ht-1 idly', OF INVOICE Dt t lYf dif It _.. e.�_•.W, . ,_ ..._._� ,.o. w:_� �zz, Wig= ,.- DESCRIPTION Ti1T8 11 Qlqub.",t FOrCIUOte-, for t[-IR1,z-F:�t1FltC YARi ! f TAI[�t�R -tp rr�aiiilately.ytlo tca I rcliTt �r ;'�Izcclflrat tt�t� SD �vi�irl s,ttntl,t�r���o�:i 51�c�i�t,�n�7dlnsctt; Return life quote irva scaled onvelotte oddrosse-d lo: Richmond Sanitary District f3onisoj6hn ;an 2380 Liborty Amenue Rtchlrfond, IN 47374 Rw, Tliroe Cubic Yard Conta.lners E:1;[ih:;tms! Galt Tim Lirlgar.it. 7616-9834478. Please include plpp !-P! fib 3mt and: env Mrmnt� Ioloortab)h With quote. Attu ver Gonulirtor m w!_ ®.__._........ $TiiW TAX E XtTMPTIQN a 00,1 P 143(}9,001 PKO NL Nli'MBO SPEC[ FOR 3 CUBIC YAFM CONTAINER RICHMOND SANITARY DISTRICT III •Elm 1,4IiVIL-VIumllwQu1jaIJ BIDDER'S BIDDER'S 4I'E(:IFIC:ATIONS ACTUAL {I) SPECIFICATIONS (2) C'.libie Yard The container 1nust be colnpaliblc to till' ..c117fi)1'il7S Metal Refuse sick raildillt; cyuiprlienLllrlsClltly bcili);1ncc1 � r�Ill 5 N(It Conf�.lrnl ('0111:1illers and owned by III(; Ric-billolld sunilation Department (mi) ) k l.on1;di over radius or clontaille s 5-3 _ - C.OIlf01'nis Does Not CcnArlti straight line Troll( to Im k edge 49" Con#ilrniti (� Dos Not Conlorltl .... ..... I lei ;lit ofback of container 57" ( ('onlilrnls (..., Dous Not onforin I"ront loading height 40" conforms _ ] Does Not C`on1brm ....... ,. _ .... ...................., Con(cr line orattacl anent to bottom of 1)0\ C'olifi)1'111% 2 " Does Not: tmtolin I'l-ont depth of ctlntaillcy 42" confor•n1ti Ej Do" Not Conli)rr11 Bollo ill width inside 5f1" �"(_anliulus [ Does Not Confimp Steel gaitgo oil complutc: container 12 C oniivins aIIGc f Docs Not Confront Container top support 121;auge Opla �Cortfvrllls I lbr•nied side c-hannc;ls aiid 7 jlaug-a in front Docs Not Conform and rear upper ovenall Ron( width GU 1/2 " Conforlm Does Not Conlimn Auac11t1ient iclr hookirll; to con(ainers (cn forals (1 MCC) yEy�c Dick -tip I ilclic.s j: }ov s Not Con1brol -- Pick bolt '/3' x 1 '/" l' Conforms Iong, llc agon head idol( with " itylok' Docs Not (:onlornl loCkrllit (1) Bidder is requirLcr it) fill in tllis 0111nin (2) Ad ilaI spoclllGklicill'S IMist 11c provided ill IIli's colt Uill II for any mm-CUIllilrilliisp si;ccilicalimm EXHIBIT -6- PAGE a QF 7 Lb ITEM Iacla, flii ges, and Lid components Container Body c, Liftiltl, Device NIiNINIUtl'I'II2I:�Lll�ti'sf) 13tU1)I:H'S SPECIFICATIONS (I) 'flit" lid assembly fbi-:3 cubic yard metill refuse colitaincr shiill be a three. piece lief design conAsting, elf atle (1) rear metal lid and two (2) front plastic liels. One (1) rear Wnge and onti (1) center hinge. All necessary hardwarc to he included ror atlachulent to Container. Rcur lid to bc: constitieted or 14 toni c sEccl. Hinges will be solid steel rolls of diameter or steal hinges, troll of rods will be cut perpendicular to limnitll of rods to allow end efiplets to fil ImAc lly and tight. Rod Icngt;ll will be fi33'. Two (2) reels per lid assu)Wbly. Lids and necessary hardware shall bo; pre-aNscrnbled Paid jiroperly 1',ackailed for delivery, final altaclanent to 1110 conlaiaer to ilia container to be clone by (lie Richmond Sanitary District. Front, bottom, and buck oi'body t'rolll one continetous pied; of I2-l?ii qp steel. Wrap around cornci`s atilt cnrninuous weld scams. I'op of container rehiforced wills hill c formed 12-gauge side channels with 7 gaut;c in I�oW slid Buck, or I" fuhe reillforccalenl. Formcd steel palls cin the bottom of container. 'Phis will keep bottom of container from bcinl directly in Contact with (lie ground. One drain hole: provided. i,I-ot ain-s.._..- - Dots Not Conibrin "61401-1lts !A Deus, otConfirm ��Coiiiilrins FA Ime—, Not i'onibrill Contc I -ills Does Not Conlornl �Ctlnl'orilis -- �� Duc;s Not Confclrill MCnIlk) ,mis Does Not Uniform 13iUllii:it'� ACTUAL SPECIFICATIONS M. -_ ,fit p w r LL 6 IIC�iv STn'i i= D !bF I�L&A, (1) Bidder is required iu till in [Iris Cultlllln (2) A<:ta;lf slleciticatiom nlelSt he P11widull ill this voltlllln tilt ally noil-colililFnling, gpecifcations. EXHIBIT PAGE 3 ITEM MINJIVIUM/RE, QUIRED F, M C 0 lit'']1 u -ackels will] tilrce holes --lilt ' container body, altmAillicirl to he (10410 by 16:11111olld Sanitary District. Co ill] C-F to have slight (allot. to prevent Lill atlaolimunt% for hooking, to Container will be constructed of %z" I IR ,stceland bolted owo coutaiiwr to work Willi 1110 FIMCO style lifting device. Attachments to he jillich-agedwear alely, .111 lljjr(i�%,aj•c inclu(10, 1by inmallation by the Richmond S-qlitary District• Reivil'orcemmil 12 gauge steel pla(c, 18"(widc.) x 12"(helOrt) with three holes 1`br)-.MCO lilt brackets woldc-d inside Container on both sides. Painted inside and qulsidc with hip industrial cnamel in: the (lark brown E:Oit)t'- M(Aal to [11; OV11111M 0('all loyCigil maturials, berorc paii11hig. Painting will I)c oricq)my coat of red oxide primer and two coats, of heavy industrial grade enamel. in (tic (lark Brown color. ANS'l Sallety Slickers it) be provided by bidder lbr each colllaillcl-- -6ii-t and ;111 compollunt pawls sluill be guarallictA ffir one (t) year ortiornial container tuse against fimily workiiiatiship and SallipIc Container: Succcssflul bidder, fit Illeir expenso, shall. ship a sample coultaint;r, built to these specifications, to tile Richmond Sanitary District fi)r (1) Bidder is required to fill ill this C I olullill. BIDDER'S SPECIFICATIONS Cuilfo -nis 'I Does Not Con lbrju Does Not CUnform VICon - I - brit is [] Doe-, Not Covilbrin S Not Conlon it Does Does Not Conibrin s nForm F s Not Cc nforin Conforms onibrill Does Not (' EXHIBIT f L PAGE —�—PF-1— BIDDER'S sly wimexuONS (2) _ IX St'I+`.CIIFICATIONS SPECIFICATIONS 01 . (a) . C�'ranwitier C<nill),itEitlity C <iittaincr M Cortfouus ariutit be c;oanpadble, to tlic. side; loa diiit; f Docs Not Con equipment pre.sctift buiing temI by the ,(7iVltaiiiiaacl ijaaiiitrii I�i�titC1 1,ij Assc.nrbly fiat iicar licl Ita be Gciiis}l°itatuil cif Irl.; aru{;c t:',iiiili:artais 3 cubic yard stcc;l, '1'fac rear lid to be attached to (lie [q_� 1. ou", Not t'cairibriit reibsc conminc'rs ccinwioer Body by nica ns ot'two (2) 4tccl loop hire};cs mid tw( (2)-3f5" x 1 114„ c arti agc bolt,,and n,As, �I his Irairdtcarc, is to be itioludccl its paIrt Oftho Rd Un's alal.y 1'lic two bout lids shall be count] I t'ctrtlbrilis or v ac umn lormed Ijla d polyethyleno, Does Not C onforin plastic, with IIV inh'!bit'ov, C mss ribbiti3 tee-liciiiolde(I iatto 11!'0 lid to ud(l struutunji rigidity 111VI (c) pri'vent. saitz} itat�. "FIte ccll cs of tlac real' and front l ids to he loriiicd to; fit t)vvr [lie rim of dic container to provost Water Win enter'iiig this cc slain r.,l,ront lids.shall have a rariscxl aurcaa Nvhcry lid.. joiii ill c Miter to prevc.411 water l'rolli ui teeing Craait�atiie r lactwc�cri ]lcls l��itrtc,i tatl:: of prdtiuc t� n,fl`rr�.d iiitcls,c tlii� _ C"antorti�s � ��� hid gIt.ii.l lr,.tva ai 10 ycaay. guarntiteIc. �,?!�l)o�ti'l�ot C'cait;fcDrtii`. at�?;aitist tfuf c'rtS aai ita}�attxa'i:tl. cir Worl.ananship..C;o,1iy nt`i;ai�traiiitt�c tilt} t ti`hihl�:fill; All c<iailaiiii�is are(0IiLdc.lavc,l�d l Q.fi t`unli'sxraiti o the Richrircattet`Sulutaay. District, 2380 �� DOCI Not C ollfoi'ui t.iberty Mcime, 1U<ilimc nd, Itsc.l4itr=a 47 3'1il [t) l ic3 ci is-regIlii7-Ma till ilrIII.N. h1itln il„Ctii !} ti.(7L"tilttt 1t[f?riS Eii1FSt be pri'vidad ill Ifi.S "4411111,.illr-aply E!(IEi.-Cf)11�ti1'llalli � St)='-G1i:C7tr14i173. EXHlBtT !—PAGE 6 OFF M I NIM U Mlkie-4 U fRE, 1) Qt . 8 13 . ID'D"Wil-S, IFICA71ONS SPECIFICATIONS u E%, 1111011( -I.11111ary I)Istrict will V?I COA Ulls cubic yard purchase approxinij:t(Cly clue buildred t.— D j oes Not Collf-brm ..(1.00 -3 Cubic yal I wilt. Price pvj, GO-11111hier $15 -7 q, 4b 1 ocs Not Conform fid-i V,-cl-y --- dale 4 2ECEIP.7— Daes Not (.:onro rin (1) Bidder is re(piml it) iiij in 111j.% (2) Araltual sptcifications ilitist 60p2pVj(jC(j in this Coltillill for any EXHIBIT -A—PAGE to OF-2— PROPMALSHECT Price 1'e.r Conlainer Three Cubic Yard Container 7 q, Approximately ont: Imidrod (IOU) conlainers will be puccfiawd, Picase include all warramy infin-111,11ion With bid. Delivery d"Ite (1-11-to-twk-loal C, till conwineN 01,50 UrMore, Bid firm lor how longel. 0A Total Quoted Price 0r2 13 C- V, 411vlt- Cp1,11pimvC-,T14L 1110 ]ZEDSICINATURI., 'OMPANY C -mi. 1 40- i� A "RSON Ill. N 1) M I I IM C "1 -;1 i6w, , Mi- A%-'i -�-- JEXHJBIT—� PAGE 7 OF-7-1