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HomeMy Public PortalAbout074-2014 - Sanitary - Link Environmental - Dump BodyORIGINAL PURCHASE AGREEMENT THIS AGREEMENT made and entered into thisa"T day of ��h KI? , 2014, 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 Link Environmental Equipment, P.O. Box 158, Winamac, Indiana 46996 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one 2014 (or newer) Perkins model SAT800-6-70/30 rear bed mounted six yard refuse body with tarp system and cart dumper suitable for mounting on an eight foot standard truck bed, delivered. A Request for Quotes containing Specifications sent out May 8, 2014, has been made available for inspection by Contractor, is on file in the offices of the Richmond Sanitary District, is attached hereto as Exhibit "A," consisting of four (4) 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 outlined in the Specifications. Delivery of any equipment that does not meet all specifications listed on Exhibit "A" will be considered a breach of this Agreement. The response of Contractor to said Request for Quotes and Specifications is contained in Exhibit "A" and is dated May 25, 2014. Contractor shall provide all equipment, services, and warranties listed on Exhibit "A." Contractor shall not modify or alter any standard warranty from the manufacturer of the above described equipment. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide City with copies of its warranty upon receiving a written or verbal request to receive such warranty. 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 the proper completion of all work specified. 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. Contract No. 74-2014 Page 1 of 6 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. SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Fifteen Thousand Three Hundred Dollars and Zero Cents ($ l 5,300.00) for the above described equipment, delivered. 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 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. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, 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 Page 2 of 6 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 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 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 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 Page 3 of 6 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 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 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: 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 Page 4 of 6 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 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 assignment or delegation 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 be 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. Both parties expressly agree that this document supersedes all previous negotiations, discussions, or conversations relating to the subject matter 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 under this Contract, must be filed in said courts. By signing this agreement, both parties are estopped from bringing any action in alternative courts or venues. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in Wayne County Circuit or Superior Court. 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. 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. If any portion of this agreement is declared unenforceable by a court or tribunal, all other portions shall remain in full force and effect. 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, LINK ENVIRONMENTAL EQUIPMENT INDIANA by and through its Board of Sanitary Commissioners By: By` Sue Miller, President Pri name: Title V. h _ Date: L,C " ' 1 Date: r ..T APPROV A X�Id, Sarah L. Hutton, Mavor Date: Page 6 of 6 0 Y PRICE REQUEST � e CITY OF RICHMOIND DEPART LIDAV OI SANITATION THIS IS, NOT AN ORDER 2380 ER'rYrY r1VF,NtlE.RICIlMiatiD,1ND(ANA�47374 PHONE (765) 983-74,10.FAX (765) 962-2669 V E i V D O E� INSTI2UCTlONS i I This is a request for a price for the services of materials Liter Environmental described below. Any additional specifications may be i attached hereto. This is NOT an order and the City reserves Terry O'Brien the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below with signature; itemize ail prices and charges where PO Box 158 requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, in care of Winamac, IN 46996 Richmond Sanitary District Board of Commissioners to the administration building at the address above by the DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: May 6, 2014 10:00 A.M. on May 27, 2014 1UPON RECEIPT OF INVOICEI DELIVERED DESC IPTION This is a request for quotes to purchase a 2014 or newer Perkins Model SAT800-6-70/30 body rear bed mounted 6 Yard refuse body with tarp system and cart dumper for mounting on 8 foot standard truck bed. Please see attached specifications. Please include all warranty information with quote. E:-Verify requirements and Indiana Local Preference Claims will apply to this quote, information enclosed. Return this sheet and the proposal sheet in a sealed envel�pe addressed to: Richmond Sanitary District Denise Johnson, Customer Service Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: rear bed mounted refuse body Price of New Unit $'�%�_ (price to include delivery) +1 Quote Valid Until /7 Questions? Call Witham Harris at 765-983-7442, STATE TAX EXEMPTION # 003121909.001 AME OF FIRM QUOTING: f A Lk" � 2a ? rrl ,141 L BY. Li } I r AUTHORIZED BY SIGNATURE THLE IC ri t0 CIS �yu t,t DATE PHONE NUMBER m dF L!t� H181T I PAGE �— 2014 or Newer Perkins ModPATI�0�6�i®/ Mounted 6 Yard Refuse Bo4y witk Tp Msystem and Cart Dumper for Mounfl i on 8 Foot Standard Truck Red . GENERA DESCRIPTION: Dump Body Attachment Body Construction Main Frame 2 x 6 x 3/16" Nvilll steel structural tube. r� Other Frame 2 x 2 x 3/16" Nv 11 steel structural tube. Bottom & Front Panels 12 g . HRS_ All Other Body Panels 14 ga� HRS. Dump Body contains 1 x 2 x 1/8" walI steel structural tube around edges. Dump Body is fully welded N iater-tight. 4V Composite self -lubricated be ings are used on all major pivot points, requiring no regular mainten ice / greasing except as desired. Hydraulic Specifications 6"" l 2v DC,. 1.7 gpm pump prod cing 1500 psi at 225 amp draw. 4.8 liter capacity tank, using iandard hydraulic oil. Operating temperatures -20 diegrees F to 130 degrees F. Water -Proof Double toggle sivitch control with 10' loose pendant for hand-held operation (I-Ioldin� bracket for pendant also provided on both J/ sides) [� Heavy duty 2/0 awg gauge wXing is used for power which connects 1 directly to the battery. U" The elcctilcal connection ma, a be disconnected via a plug, for easy removal. Mounting Specifications Front mounting brackets (A �ieces) secured by 8 total 3/8" diameter bolts. J EXHIBIT �q PAGE __I_OF_J—1 A N Performance ►lt Rear mounting brackets (2 pi�ces) secured by 4 total 3/8" diameter bolts. Mounting continued: The entire unit fits all stand 8' foot bed piclnip trucks. The enti:f e unit (empty) weighs under 1600 lbs. (6 yard model, with lifter). The SAT has built in forklift Doints for easy and safe installation and removal. The SAT unit is secured to mounting brackets by two quick release pins, requiring no tools. I "Time to dump the body is apl Time to return the body back The tall 70/30 split body has The dump body has a capaci truck you select is capable o contents, for a total of 3,600 The cycle time for the cart li The dump body ejects the cc Rearward heavy duty truck during dumping operations. Rubber stops cushion the du noise and impact. Rubber stops under the tarp Locking pin secures side Dual locking side access Dimensions / SAT body & frame is 112" h C� Overhead clearance of the Sf Ground clearance of the SAI The inside width of the body Side doors are 42" x 20". y 17 seconds. is approximately 16 seconds. 16 cubic yard capacity. , to dump 2,000 lbs. (Please be sure the handling the combined load of dumper and bs). er is approximate 6 to 8 seconds. tents at a 45 degree dump angle. yle rubber bumpers protect the cart lifter body on way up and way down, reducing reduce noise and impact. s doors in open or closed positions. with lunge from the side (42 x 20 in size). ng overall, 89 '/a" overall width. T is 73 7/8, above the truck bed floor. with a cart 1 ifter is 17 '/ ". the widest point is 66 3/4". tIX Throw -over height of the re opening is 33 7/8" above the truck bed floor. EXHIBIT —&— PAGE _Z_OF__� Finish Throw -over height of the sidd access door is 30 %" above the truck bed i floor. U Frame, Body, and Lif3er are All hardware is zinc -plated. Hydraulic cylinders have bL powder coated white, finish body, hardened chrome rods. Options I// Self -retracting Mesh Tarp. Cart Lifter for standard US-s yle ANSI Type B carts having 2-bars, 36-96 gallon. 111 Siz , 100 lb. lifting �apacity. Lifter has 3 year limited vIla.xant;j. Warranty V1-year limited warranty.