HomeMy Public PortalAbout125-2013 - Sanitary - Pyramid Equipment - 1000 Rosie RollersoRIcrNaL
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this A day of sP , 2013 and
referred to as Contract No. 125-2013 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 S. Prairie Street, P.O. Box 127,
Rolling Prairie, Indiana 46371 (hereinafter referred to as the "Contractor").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide and deliver one thousand (1,000) Cascade ninety-six
(96) gallon trash containers (Rosie Rollers) for the Richmond Sanitary District.
A Request for Quotes dated August 2, 2013, including specifications consisting of four (4) pages
attached hereto as Exhibit "A," 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.
The response of Contractor to said Request for Quotes, dated August 12, 2013, is attached hereto
as Exhibit "B," consisting of two (2) 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 furnish 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.
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 work.
SECTION 111. COMPENSATION
City shall pay Contractor a total sum not to exceed Forty -Nine Thousand Seven Hundred Fifty
Dollars and Zero Cents ($49,750.00) for complete and satisfactory performance of the work
required hereunder.
Contract No. 125-2013
Page 1 of 6..
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, 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.
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.
Coveraze Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
Page 2 of 6
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 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 Iaer 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 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 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
Page 3 of 6
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.
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 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 X. 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.
Page 4of6
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. 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 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.
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.
Page 5 of {
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
By:
ue Miller, President
Date: 9//0// s"
APPROVE
Sarah L. Hutton, Mayor
Date: 9
111
"CONTRACTOR"
PYRAMID EQUIPMENT, INC.
Printed:
Title:! S�eAs�—
Date: q~14-r3
Page 6 of 6
CITY OF RICHMOND, INDIANA
BID SPECIFICATIONS FOR
95 - 96 GALLON UNIVERSAL CONTAINERS
GENERAL CONDITIONS:
The specifications herein describe the minimum acceptable features and performance
requirements for rollout waste containers to be purchased by the City of Richmond.
Bidders are to have thoroughly read and understood these specifications prior to submittal
of bid. Submittal of bid indicates that bidder meets, or exceeds all conditions of these
specifications. All variations and/or should be detailed on a separate page titled
`Exceptions'. If the City determines that exceptions do exist which were not identified by
the bidder, then the proposal will be deemed non -responsive and the bidder disqualified.
If no exceptions are taken, it will be assumed that the bid meets all specifications as
stated. Bid pricing will include purchase price of new, unused containers which can be
dumped by both semi -automated and fully -automated truck systems and delivery to 2380
Liberty Avenue, Richmond, Indiana 47374. City of Richmond will purchase up to1000
containers.
PLASTIC MATERIAL:
Containers must be made from 100% virgin, first quality, high — density polyethylene
( HDPE ) material only. Plastic resin materials are to be supplied by a national
petrochemical producer. All containers shall be manufactured utilizing the injection or
rotational molding process. Containers produced using blow molding method of
production is not acceptable. Cart and lid must be 100% recyclable.
COLORIZATION & ULTRAVIOLET STABLIZATION:
Container shall be colored green. Resin must be enhanced with color pigment and LTV
inhibitor that is formulated to prevent color fading and ultra violet damage. Additives
must be uniformly throughout the container.
CAPACITY:
Container shall be rated for 95-96 gallon capacity when full, excluding additional volume
achieved by the lid in the closed position.
EXHIBITPAGE
DE14ENSIONS:
The following dimensions will be the minimums required on a completely assembled
container:
Height
42"
Width
26"
Depth
• 32"
WEIGHT:
A fully assembled container shall weigh at least 32 pounds but not exceed 49 pounds in
weight.
INTERIOR / EXTERIOR CONSTRUCTION:
Exterior surfaces shall be smooth and free from crevices, recesses, projections, and other
obstructions that could entrap or entangle refuse. All interior surfaces `shall likewise be
smooth and free from similar obstructions so that contents can be easily and completely
dumped during collection operation.
LIDS:
The lid shall be domed shape and will be of one piece construction overlapping the body.
The lid must open freely to 270 degrees so that the open lid can rest against the back of
the container body during normal dumping operations. The Iid must be designed to
disallow entry of rain when in a closed position and to discourage rain or snow
accumulation on the lid. The lid shall be manufactured in such a manner that it will not
warp, bend, slump, or distort to such a degree that it no longer fits the container properly
or otherwise becomes unserviceable. Lid may not be attached with brackets, metal
hinges, bolts or other means. Lid latches are unacceptable, lid will be held closed by its
weight only.
gaaivnLEs:
All containers must be equipped with handles that are a minimum of 1" in diameter and
molded as part of the container body. Handles or handle mounts that are bolted onto the
container body are unacceptable.
EXHIBIT _6_ PAGE � OF q 1 2
WHEELS/AXLES:
Axle must be a minimum of 0.75" in diameter. The axle must be of steel construction,
plated to protect against corrosion. Wheels shall be a minimum of 10" in diameter and
shall be of a snap -lock, rust proof design. Wheel assembly using pal nuts, end caps, and
/or cotter pins are unacceptable.
STABILITY:
The container shall be stable and self -balancing when in the upright position, either
loaded or empty. Containers will be rated to withstand 45 mile an hour winds when
empty.
ABRASION PROTECTION:
Container will be manufactured to withstand dragging on streets and driveways, as well
as normal abrasion caused by collection operation.
MARKINGS:
All containers shall have the City of Richmond name and logo in white markings, each
shall be hot molded or stamped on each side of the container. Included in the
specifications will be the name and logo. Serial numbers will be embossed in white
letters and numerals, of up to 8 characters. Instructions for the safe use of the container
must be molded into each lid. , Instructions shall be in both English and Spanish. The
load rating of the container must be molded into the lid. Load rating shall be stated in
both pounds and kilograms and in English and Spanish. Emboss onto lid will be standard
instructions as to how to place container in relation to street to insure for proper
collection.
LIFT SYSTEM/ CATCH BAR
The cart shall be of universal construction to be compatible with both semi -automated
and fully automated collection systems. For semi -automated collection the body shall be
equipped with attachment points to be operable with standard American semi -automated
bar locking lifters. The container shall be capable of being engaged by the lifting device
without requiring the container to be manually lifted by collection personnel. The upper
lift point must be integrally molded into the body of the container. The lower catch bar
must be a minimum of %' in diameter and a minimum of 10" in width after installed and
EXHIBIT f PAGE 3 OF '�
1 1/4 " in depth from the back of the lower catch bar to the body of the container.
Containers with bolted on lower bars or plastic Iower bars are not acceptable.
WARRANTY:
The container lids, wheels, axle, and all necessary hardware must be covered by a ten
(10) year warranty, Any component parts which fail in materials or workmanship to
Perform as originally designed, shall be replaced at no charge to the city.
REFERENCES:
Bidder must submit with its bid a reference list of ten (10) references currently using the
exact product (s) being bid. Reference shall have used products for no less than five (5)
years.
VARIANCES:
Any variance to these specifications will have to be submitted on a separate sheet
detailing the itemized exceptions along with an explanation of the deviation. Failure to
submit exceptions in writing will result in disqualification of bid. City of Richmond will
sole determiner in deciding whether exceptions are material or not in awarding bid. If
exceptions are held to be material in scope, then bid will be disqualified.
CONCLUSION:
Any questions concerning these bid specifications may be directed to:
Tim Lingar
Collection and Recycling Manager
765-983-7478-office
765-969-1384-cell
EXHIBIT A PAGE 'I OFF 4
PRICE REQUEST
R
D y
4
4 0
CITY OF MCIMOND
AMTAflON
238023IB) �AAVVENUEOF .RIa4N OND, M ANA47374 THIS IS NOT AN ORDER
P14ONE (765) 983-7450eFAX (765) 962-2669
M.
max, ram;
VENDOR
INSTRUCTIONS
Pyramid Equipment
This is a request for a price for the services of materials
described below. Any additional specifications may be
Jeff Linback
attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
211 S Prairie Street
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
PO BOX 127
specifications altered. Return in a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
Rolling Prairie, TN 46371
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:
August 2, 2013
10:00 A.M. on August 13, 2013
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a request for quotes for purchasing 96-96 gallon trash containers (1000 to be purchased
Specifications and Proposal Sheet enclosed. A sample
of the container being bid MUST be presented with the quote
for viewing, this will be at no charge to the District. All
E-Verify requirements, Indiana Local Preference Claims and
Iran Investments will apply to this quote.
Return the quote in a sealed envelope addressed to:
Richmond Sanitary District
Board of Commissioners
2380 Liberty Avenue
Richmond, IN 47374
Re: 95-96 gallon trash
rrcontainers
Price Per Container$_
Total Quoted Price $ q.
(to include shipping)
Please include all warranty information with quote. Any questions, please call Tim Lingar at 765-983-7478.
STATE TAX EXEMPTION # 003121909-001
Richmond unitary District
NVAE OF FI M UOTING:
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Ems%,
\.tk A am.ch
AUTHOR]ZED BY SIGNATURE
TITLE
6.
DATE PHONE NUMBER
EXHIBIT P_ PAGE I GF a
11111, 1, 1111 nill
Pyramid Equipment, Inc
21-1 South Prairie Street
P 0 Box 127
Rolling Prairie, IN 46371-0127
Voice: 219-778-2591
Fax: 219-778-2592
City of Richmond
Attn: Accounts Payable
50 North Fifth Street
Richmond, IN 47374
Quote Number: 5198
Quote Date: Aug 12, 2013
Page: I
Sanitary District
2380 Liberty Avenue
Richmond, IN 47374
Z7. iin
CITYRICMDND
9/11/13 Net 30 Days Linback,Jeffery
Quantity
R
5-ga-
1,000.00
Cascade 96 gal Universal Refuse Cart
Per Richmond Sanitary District Bid Specifications
49.75
49,750.00
)ue to the instability of the steel market, prices subject to change
vithout warning
Subtotal
49,750.00
Sales Tax
EXHIBIT .8_ PAGE a OF .1