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HomeMy Public PortalAbout126-2013 - Sanitary - Wastequip Manufacturing - 100 3 Cubic ContainersPURCHASE AGREEMENT THIS AGREEMENT made and entered into this day of , 2013 and referred to as Contract No. 126-2013 by and between the City of ichmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Wastequip Mfg. Co., LLC, 841 Meacham Road, Statesville, North Carolina 28677 (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 2, 2013, together with specifications, has been made available for inspection by Contractor, is on file in the office of the Department of Sanitation, is attached as Exhibit "A" hereto, consisting of eight (8) pages, 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 contained in the specifications, except as noted by the Contractor thereon. The response of Contractor to said Request for Quotes is attached hereto as Exhibit "B," which Exhibit is dated August 9, 2013, consisting of eight (8) 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 III. COMPENSATION City shall pay Contractor a total sum not to exceed Fifty Thousand Eight Hundred Dollars and Zero Cents ($50,800.00) for complete and satisfactory performance of the work required hereunder. Contract No. 126-2013 Page I 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. Coverage 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-I 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 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 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 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 Iiability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. Page 4 of 6 SECTION X. 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 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. "CITY" "CONTRACTOR" THE CITY OF RICHMOND, WASTEQUIP MFG. CO., LLC INDIANA by and through its Board of Sanitary Commissioners By: Aa��By ue Miller, President Pr' t d: ( Stephen Sv ik ) Date: Title: CFO APPRO of Date: 9-17-13 Sarah L. Hutton, Mayor Date: `7 Page 6 of 6 PRICE REQUEST o s o a k � • C1W OF WCHMO" 2380IBB�A E N7 OF � N °NDLANA47374 THIS IS NOT AN ORDER PHONE (765) 953-74%,RAX (765) 962-2669 VENDOR INSTRUCTIONS This is a request for a price for the services of materials described below.. Any additional specifications may be WastegUip Mfg. Company attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. 841 Meacham Road Please complete your full name and phone number below With signature; itemize a[] prices and charges where Statesville, NC. 28d77 requested; and attach any explanation for any substitution to 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 specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: I 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 THREE CUBIC YARD CONTAINERS (approximately 100 to be purchased) Specifications, Drawings, and the Proposal Sheet are enclosed. Information on E Verify, Local Preference and Iran Investments are enclosed for your review. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson 2380 Liberty Avenue Richmond, IN 47374 Re: Three Cubic Yard Containers Questions? Call Tim Lingar at 765-983-7478. Please include proposal. sheet and any Warranty Information with quote. Price Per Container$ 508.00 each Total Quoted Price $ 50, 800.00 STATE TAX EXEMPTION # 003121909-001 Ric mQnd St itary District NAME OF FIRM QUOTING: Wasteauip Mfa. Co. LLC BY - AU ORMEDBYSIGNATURE tephen Svetik, CFO T 'UTLE 8/9/13 800-255-4126 Ext. 244 DATE PHONE NUMBER EXHIBIT _A_ PAGE _--t,-_0F S SPECIFICATIONS FOR 3 CUBIC WARD CONTAINER RICHMOND SANITARY DISTRICT ITEM WNIMUM/REQUIRED BIDDER'S BIDDER'S SPECIFICATIONS ACTUAL (1) SPECIFICATIONS 2 1. 3 Cubic Yard The container must be compatible to the 0 Conforms Metal Refuse side loading equipment presently being used ❑ Does Not Conform Containers and owned by the Richmond Sanitation Department ( RSD ) Length .over radius of containers 53" x Conforms ❑ Does Not Conform Straight line front to back edge 48" ❑ Conforms ® Does Not Conform 50%" -see attached draw,r Height of back of container 57" ❑ Conforms ❑ Does Not Conform Front loading height 40" ❑ Conforms x0 Does Not Conform 39" -see attached drawi Center line of attachment to bottom of box x❑ Conforms 28"" El Does Not Conform Frow depth of container 42" ❑ Conforms x❑ Does Not Collforill 45" -see attached drawin Bottom width inside 54" 91 Conforms ❑ Does Not Conform Steel gauge on complete container 12 0 Conforms gauge ❑ Does Not ConfoTni Container top support 12 gauge triple x❑ Conforms formed side channels and 7 gauge in front ❑ Does Not Conform and rear Upper overall front width 60 1/2 " ❑ Conforms 0 Does Not Conform 61%" - see attached draw n Attaclunent for hooking to containers 91 Conforms EMCO stylepick-tip latches ❑ Does Not Conform Pick up latch attacimient bolt r/2" x 1 W x❑ Conforms long, hexagon head bolt with "nylok" _. ❑ Does Not Conform locknut (1) Binder is required to fill im this coli mn (2) Actual specifications imist be provided im [iris column for amy, moil-cmiformiimg specifications EXHIBIT, PAGE _ OFF ITEM MINIMUM/REQUIRED BIDDER'S BIDDER'S SPECIFICATIONS ACTUAL {I) SPECIFICATIONS 2 1 a.7 Lids, Hinges, and The lid assembly for 3 cubic yard inetal x Conforms Lid Components refuse container shall be a three piece ❑ Does Not Conform lid design consisting of one (1) rear metal lid and two (2) front plastic lids. One (1) rear hinge and one (1) center lunge. All necessary hardware to be included for attachment to container. Rear lid to be constructed of 14 gauge steel. Hinges will be solid steel rods of %" x Conforms diameter or steel hinges. End of rods ❑ Does Not Conform will be cut perpendicular to length of rods to allow end caplets to fit perfectly and tight. Rod length will be 63.5". Two 2 rods per lid assembly. Lids acid necessary hardware shall be x Conforms pre -assembled and properly packaged ❑ Does Not Conform for delivery, final attachment to the container to the container to be done by the Richmond Sanitary District. Lb Container Body Front, bottom, and back of body from x Conforms & LiftinR Device one continuous piece of 12- att a steel. ❑ Does Not Conform Wrap around corners acid continuous weld seams. Top of container reinforced with triple 0 Conforms formed 12-gauge side channels with 7 ❑ Does Not Conform gauge in front and back, or 1" tube reinforcement. Formed steel pads on the bottom of x❑ Conforms container. This will keep bottom of ❑ Does Not Conform container from being directly in contact with the ground. One drain hale provided. (1) Bidder is required to fill in this column (2) Actual specifications must be provided in this colunin for any non -conforming specifications. EXHIBIT A PAGE 3 4F & ITEM I MINIMUIVI/REQUIRED BIDDER'S SPECITICATIONS BIDDER'S SPECIFICATIONS EMCO lift brackets with three holes for I 0 Conforms attachment to container body, ❑ Does Not Conform attaclunent to be done by Richmond Sanitary District. Container to Iiave slight taper to prevent El -Conforms hanging of lar a items. ❑ Does Not Conform Lift attachments for hooking to x Conforms container will be constructed of %z" HR ❑ Does Not Conform steel and bolted onto container to work with the EMCO style lifting device. Attachments to be packaged separately, all hardware included, for installation by the Riclmond Sanitary District. Reinforcement 12 gauge steel plate, x❑ Conforms 1 S"(wide) x 12"(11eight) with three holes ❑ Does Not Conform for EMCO lift brackets welded inside container on both sides. Painted inside and outside with high 0 Conforms industrial enamel in the dark brown ❑ Does Not Conform color. Metal to be cleaned of all .foreign materials before painting. Painting will be one spray coat of reel oxide pruner and two coats of heavy industrial grade enamel in the dark brown color. ANSI Safety Stickers to be provided by n Conforms bidder fox each container. ❑ Does Not Conform Guarantee: Body of container and all 0 Conforms component parts shall be guaranteed for ❑ Does Not Conform one (1) year of normal container use against faulty workmanship and materials. Sample Container: Successfril bidder, at their expense, shall ship a sample container, built to these specifications, to the Richmond Sanitary District for approval. (1) Bidder is required to till in this column. (2) Actual specifications muss be provided in ]his column ror any non -conforming specifications. EE22EEUEU ITEM MINIMUMIREQUIRE,D BIDDER'S BIDDER'S SPECIFICATIONS SPECIFICATIONS 1 2 Container Compatibility: Container IX I Conforms must be compatible to the side loading ❑ Does Not Conform equipment presently being used by the Richmond Sanitag District. Lc Lid Assembly for Rear lid to be constructed of 14 gauge Conforms Wastequip offers a 909 3 cubic }lard steel. The rear lid to be attached to the x� Does Not Conform refiise containers container body by means of two (2) steel bend on one end with flat loop hinges and two (2) 3/5" x 1 1/4" washer and cotter pin on carriage bolts and nuts. This hardware is to be included as part of the lid other assembly, The two front lids shall be constructed x Conforms of vacuum formed black polyethylene ❑ Does Not Conform plastic with UV inhibitors. Cross ribbing to be molded into the lid to add structural rigidity and to prevent sagging. The edges of the rear and front lids to be formed to fit over the rim of the container to prevent water from entering the container. Front lids shall have a raised area where lids join in center to prevent water from entering container between lids. Materials or products offered under this ❑ Conforms I year - see attached bid shall have a 10 year guarantee Does Not Conform against defects in material or warranty workmanship. Copy of guarantee tpust be attached. Shipping All containers are to be delivered F.O.B. 0 Conforms to the Riolmiond Sanitary District, 2380 ❑ Does Not Conform Liberty Avenue, Rictmiond, Indiana 47374 (1) Bidder is required to fill in this colunin. (2) Actual spcoffications inust be provided in (his colUinn For any soil-coilforiiilllgspecificatioils. EEEIU��� ITEM MINIMUM/REQUIRED Quantity of 3 The Richmond Sanitary District will cubic yard purchase approximately one hundred containers I00 3 cubic yard containers Price per container $ 508.00 Deliver)' date Start delivery approximately 45 days XR- BIDDER'S BIDDER'S SPECIFICATIONS SPECIFICATIONS I 2 Conforms I Does Not Conform Conforms 7 Does Not Conform Conforlln ] Does Not Conform (1) Bidder is required to fill in this column. (2) Actual specifications must be provided in this column for any non -conforming specifications. EXHIBIT A PAGE (a OF 9 3 W L cn I w !� r EXHIBIT, PAGE --!--OF- 1 I Liw z OM =a UW' FQ LLZ jd 2 C7 z z 0 LL EXHIBIT „� PAGE �,OF g Proposal Submitted By: v4V'WASTEQUIP Tvterg ai*lbreath' WAccurate x aMT Cusco PARTS PIONEER PEA[E For: Richmond, Indiana Bid No.: Not Listed Three Cubic Yard Containers Bid Due: August 13, 2013 Bid Opening Time: 10:00. am Bid Contact Information: Bid Contact: Marya Jenkins, Bid/Contract Specialist Address: 841 Meacham Road, Statesville, NC 28677 Phone/Fax: 800-255-4126 Ext. 244/704-878-0734 Email: MJenkins@wasteguip.com Wehsite: www.wastequip.com EXHIBITS PAGE _LOF � Fed Ex bate: August 9, 2013 ORIGINAL Three Cubic Yard Container PROPOSAL SHEET Price Per Container Total Quoted Price $ 508.00 $ 50,800.00 Approximately one himdred (100) containers will be purchased, Please include all warranty infonnation with bid. Delivery date of first truck lead of containers of 50 or more: 45 _days ARO Bid firm for how long? 60 days Bid to include all-shippigg charges for containers to be delivered to Richmond SanitamDistrict. 2380 Liberty Avenue, Richmond, Indiana 47374. ORIZED G S phen Svetik, CFO 800-255-4126 Ext. 244 PHONE NUMBER &2LI 3 DATE Waste gi Mf . Co. LLC COMPANY Marya Jenkins CONTACTPERSON _ EXHIBIT PAGE 2 OF,2 ' P 50 rL 1_O F�s i 00 1-tome, 3 Yd. side load u, Features: _ 12 gauge steel bodies - Wrap around corners and continuous welded seams - 12 gauge, triple formed side channels with 7 gauge in front and rear Heavy-duty formed pads on con[ainer bottom 14 gauge steel long cover high -density polyethylene small covers - %" solid steel hinge rod on both sets of covers - Cover system will swing completely open - Shown with EMCO lift brackets - Available with Pak -Mar retriever lift brackets EXHIBIT $ PAGE 3 OF $ f Teem Enterprises 3509 Teem Drive Sioux Falls, S.D. 57107 800-843-3358 r- i EXHIBIT . PAGE 5 OF a 1� 00 r` 3 Ln N CC3 CO N N r r EXHIBIT 3 PAGE f, Q1=_ff_ V-0 WASTEQUIP Bid Specifications for Side Load Containers Side Load Container Standard Duty Specification information FEATURE SPECIFICATION Sizes 1.5 CY, 2 CY, 3 CY and 4 CY End Sheet/Body 12 ga sheet steel, with corners overlapping body. Containers have Wrap continuously welded outside seams with skip welded inside seams Top Channels 12 gauge triple formed side channels with 7 gauge in front and rear Caster Pads (4) 14 gauge formed pads welded to bottom of container Lids Poly Lids: Are flexible, single walls, double lip, polyethylene (2) piece, Black plastic lids. Metal Lids: 16 gauge steel Hinge Poly Lids:1/2" diameter with 1 end formed and cotter pin and washer Rod/Brackets on opposite end. Metal Lids: W pipe Hinge brackets are %" x 2" formed bar stock Lift Options: EMCO Lift Brackets: %" Flame -cut EMCO style hook plate installed on end sheets, continuously welded PakmorRetriever Lift: '/<" formed retriever angle, 3/16" formed plate lift channel, %" formed angle buff -plate and 3/16" plate reinforcement Drain Hole Must be 1 %" diameter threaded hole on side at bottom with removable neoprene plug Cleaning Containers will be free of slag and weld debris and properly cleaned to assure proper paint adhesion. All sharp edges and welds grounded smooth. Finish Container shall be fully primed inside and outside with rust preventative paint. An Industrial Enamel finish coat is applied to outside of container only with tested results for quality, gloss and durability. Decals/Labeling Containers shall have all ANSI approved safety labeling, reflective tape, yardage and weight capacity ratings. ANSI Specification Containers shall be designed to meet all ANSI specifications for refuse containers, including design and safety. © Copyright 2013, Wastequip, LLC. Tel.877.468.9278 • Sales@wastequip.com • www.wastequip.com Page: 1 f � EXHiBIT� PAGE � OF S L. V�� WASTEQUIP Toter - Galbreath — Accurate - Mt. Tarp - Pioneer ; Parts Place CONTAINER LIMITED WARRANTY WASTEQUIP warrants all other products of its manufacture against operational failure caused by defective material or workmanship, which occurs during normal use within twelve (12) months from date of shipment from our factory. WASTEQUIP will replace all parts of our manufacture free of charge that our inspection at our factory shows to us to be defective in accordance with the above paragraph. Written permission must be obtained from authorized Wastequip personnel for any repairs performed other than in ourjactory. All claims for reimbursement must be filed with proper documentation no later than fosrt i ve (45) days after occurrence to be allowed. tf='' }W All products purchased by WASTEQUIP from an outside vendor shall be c0 d byjt, ewarranty of that respective vendor only, and WASTEQUIP does not participate..i.n or obligate if.." to .any such warranty. No freight, travel cost, meals, lodging, or loss of hydraulic oil shall ,ig covered by thlkWrrantyg, l =labor costs allowed shall be in accordance with' WASTEQUIEeS establisherote; in case of aieged d§efect, product shall be returned to WASTEQUIP with transportatibbK -tharges�' 'paid. No freigIfect shipment will be accepted. � 7.. '111"h, k 5t2 WASTEQUIP makes no warranty on any ofjt53bqui F intended, and sold to perform. DISCLAIMER OF WARRANTIES: THE LIMITED A ABOVE ARE EXCLUSIVE AND MR-, EU OF ANY A AND REMEDIES, EITHER EXPREi55III�IPLIED, LAW OR EQUITY, OR PURSUANT��Tp,- IN �OUf c, A. �"'vtiyhnF INCLUDING WITHOUT LIMITATION,; NYFWARI SPECIFIED OR INTENDED".RURPOSE` h_ way exceptya <,It was designed, )IT IONALI1`JARRANTY AND REMEDIES SET FORTH PI.ESENTah;V5, SPECIFICATIONS, WARRANTIES , OR ELSEWHERE, OR WHICH MIGHTARISE UNDER Y€ !01. EALING OR CUSTOM OR USAGE OF TRADE, �P{Sr QF MERCHANTABILITY AND OF FITNESS FOR ANY LIMITATION OF REM EI)XSAN 'LIABILITY PU,tCHASER'S SOLE AND EXCLUSIVE REMEDY AGAINST WASTE QU]PS- HALL BE TH REMEDY QNJ, EFECT5 I , PRODUCTS DELIVERED HEREUNDER AS PROVIDED BY, AND WITF#:Eyf�"iEiE TIME PEfIOD SPECIFIED fNWASTEQUIP'S LIMITED WARRANTY SET FORTH ABOVE. '911WASTED, IP'S LIMITED WARRANTY CONSTITUTES THE SOLE REMEDY WITH RESPECT TO OR ARISING OUT OF THE EQ ,jPMENT 1RODUCTS OR SERVICES OF WASTEQUIP. NOTWITHSTANDING ANY OTHER PROVISIONS',,H R E f,rt1N =Q£EVEN7,.SHALL WASTEQUIP BE LIABLE IN CONTRACT, TORT OR EQUITY FOR ANY LOSS OF ANTICIPATED PROEMS, LbSTSALES, INJURY TO PERSONS OR PROPERTY, LOSS BY REASON OF PLANT SHUTDOWN, NON-(*F:ATlON OR INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, CLAIMS OF CUSTOMERS ,CO5'OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE, OR FOR ANY SPECIAL, INCIDENTAL OR CONSfQEiE`NTIAL LOSSES OR DAMAGES OF ANY KIND WHATSOEVER. All claims shall be processed through the WASTEQUIP Service Department oryour authorized WASTEQUIP dealer. Wastequip [EXHIBIT -a- PAGE 9 OF S Container Warranty 04/23/2010 ACC>R" CERTIFICATE OF LIABILITY INSURANCE 4n/2a14 DATE (MMIDDNYYY) 9/17/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Com anies,LLC NE p 1185 Avenue ofthe Americas, Suite 2010 New York 10036 646-572-7300 CONTACT NAME: PHONE FAX o E JC No): E-MAIL ADDRESS: ENSURERS AFFORDING COVERAGE NAIC # INSURER A: First Specialty Insurance Corporation 34916 INSURED 1315809 WASTEQUIP MANUFACTURING CO., LLC 841 MEACHAM ROAD INSURER B:LI a MutualFire Insurance Company 23035 INSURER C : St. Paul Fire and Marine Insurance Company 24767 INSURER D : Liberty Insurance Corporation 42404 STATESVILLE NC 28677 INSURER E : INSURER F r+nv00Af'_MQ 117AenTTn1 n9ZDTIPI1_a•rt=IJ11NIRF0- 17567071) REVISION NUMBER: AAAAAAA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I1DD INSR SUBR WVD pOLICY NUMBER MMIDDIYYYY LIC MMmD CY E%P LIMITS A GENERAL LIABILITY X MMERCIAL GENER 31LITY CIA MS -MADE OCCUR X $100,000 SIR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PE OT- LOC N N 1RG 200101200 4/1/2013 4/1/2014 EACH OCC RRENCE 2-000,000 DAMAGE TO RENTED PREMISES (Fa occurrence) $ 500,000 MED EXP (Any oneperson) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,009 PRODUCTS - COMPIOP AGG $ 4 00O 0 $ B AUTOMOBILE LIABILITY ANY AUTOBODILY SCHEDULED AUTOS ALLOWNED Lx NON -OWNED HIRED AUTOSAUTOS Ix N N AS2-681-053630-063 4/1/2013 4/1/2014 (Ea aocAent) $ 2 OOQ 000 INJURY (Per person) $ XXXXXXX BODILY INJURY Per accident $ xXXXXX PROPERTY DAMAGE $ XXXXXXX $ XXXXXXX C X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE N N ZUP-ION82720-13-NF 4/1/2013 4/1/2014 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2.000,000 DED I X RETENTION $ 10,000 $ XXXXXXX D WORKERS COMPENSATION Y f N AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWFXECUTIVE OFFiCERlMEMBER EXCLUDED? �N (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below NIA N WC7-681-053630-043 4/1/2013 4/1/2014 X TATU- TORY LIMITS - ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1 $ 1,000QQO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) 12562020 I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF RICHMOND ATTN: DEPT. OF SANITATION 2380 LIBERTY AVENUE RICHMOND IN 47374 The ACORD name and logo are