HomeMy Public PortalAbout136-2014 - Sanitary - Link Environmental EquipmentORIGINAL
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this LOL day of llyn c ✓ , 2014 and
referred to as Contract No. 136-2014 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 retains Contractor to provide and deliver approximately one hundred (100) three (3)
cubic yard refuse containers for the Richmond Sanitary District.
A Request for Quotes dated October 16, 2014 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 to the requirements, including warranties, contained in the
Specifications.
The response of Contractor to said Request for Quotes is attached hereto as Exhibit "A," which
Exhibit is dated October 22, 2014, 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 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 sum not to exceed Five Hundred Seventy Three Dollars and Zero
Cents ($573.00) per container purchased, for a total sum not to exceed Fifty -Seven Thousand
Three Hundred Dollars and Zero Cents ($57,300.00) for one hundred (100) containers, for
complete and satisfactory performance of the work required hereunder.
Contract No. 136-2014
Page 1 of 6
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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
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. 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
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 4 of 6
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 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"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
By:
ue iller, resident
Date:
APPROVED.
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
LINK ENVIRONMENTAL
EQUIPMENT.
By: /
Printed: ( t C-{ l )
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Title:y �.
Date:
Page 6 of 6
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PRICE REQUEST
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CITY OF RICE MOND
DEPAtRT I[ENP OF SAAIITATIONI
2380 LIBERTY AVENUE.RICI-NIOND, INDIANA 47374
PHONE (765) 983-7450.FAX (765) 962-2669
VENDOR
Link Environmental Equipment
PO Box 158
Winamac, IN 46996
ATTN: Terry O'Brien
THIS IS NOT AN ORDER
INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
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
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.
D E: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED:
October 16, 2014 10:00 A.M. on October 26, 2014 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 envetope 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. d v
STATE TAX EXEMPTION # 003121909-001
Richmond SaMtaryDistrict
Price Per Container$ .31
Total Quoted Price $ ' 1-10 6 .
AME OF FIRM QUOTING: _
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AUTHORIZED BY SIGNATURE
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TITLE
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DATE PHONE NUMBER
EXHIBIT /; PAG' LO
PROPOSALSHEET
Price Per Container Total Quoted Price
Three Cubic Yard Container $ 5 1)j
Approximately one hundred (100) containers will be purchased.
Please include all warranty information with bid.
Delivery date of first truck load of containers of 50 or
more: 60 A.,c/r A/9 ce cL
Bid firm for how long? Q c�
Bid to include all shipping charges for containers to be delivered to Richmond
Sanitary District, 2380 Liberty Avenue, Richmond, Indiana 47374
AUTHORIZ SI ATURE COMPANY
G,U—`_7.71`�-7-XV
PHONE NUMBER
DATE
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CON ACT PERSON
SPECIFICATIONS FOR
3 CUBIC YARD CONTAINER
RICMMOND SANITARY DISTRICT
ITEM
MINI MUM
YES
NO / COMMENTS
REQUIRED
1.
3 Cubic Yard
The container must be compatible to the
Refuse
side loading equipment presently being used
r/
Containers
and owned by the Richmond Sanitation
Department ( RSD
Straight line front to back edge
Minimum — 48"
P-1
Maximum — 50"
Height of back of container
Minimum — 57"
Maximum — 58"
Front loading height
Minimum — 39"
t/
Maximum — 40"
Center line of attachment to bottom of box
Minimum — 28"
Maximum — 29"
Front depth of container
Minimum — 42"
Maximum — 45"
Bottom width inside
Minimum — 54"
c/
Maximum — 55"
Minimum of 12 gauge steel on complete
container
Container top support minimum 12 gauge
triple formed side channels and minimum 7
gau a in front and rear
Upper overall front width
Minimum — 60'/2 "
Maximum — 61 %"
Pick up latch attachment bolt %2" x 1 '/a"
long, hexagon head bolt with "nylok"
locknut
.PAGE
EXHIBIT...
ITEM
MINIMUM/REQUIRED
YES
NO / COMNI MNTS
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Lids, Hinges, and
The lid shall be of one piece
Lid Components
construction, high density black
polyethylene resin. Each container must
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include two (2) lids and adequate steel
hinge rods for the lids covers
Hinges will be solid steel rods of/z"
diameter. End of rods will be cut
perpendicular to length of rods to allow
end caplets: to fit perfectly and tight.
Lids and necessary hardware shall be
shipped with containers for delivery,
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final attachment to the container to be
done by the Richmond Sanitary District.
Container Body
Minimum of three (3) 10 gauge steel
pads welded to the bottom of container
f/
front to back This will keep bottom of
container from being directly in contact
_
with the ground.
One drain hole with plug.
_
EXHIBIT PAG , F
ITEM
NRNINIUMJREQUIRED
YES NO / CONEMENTS
Lifting Device
EMCO lift brackets with three holes for
attachment to container body,
l/
attachment to be done by Richmond
SanitaryDistrict.
Container to have slight taper to prevent
t1l
hanging of large items.
Lift attachments for hooking to
container will be constructed of %" HR
steel and bolted onto container to work
ri
with the EMCO style lifting device.
Attachments to be packaged separately,
all hardware included, for installation by
the Richmond Sanitary District.
Reinforcement 12 gauge steel plate, 18"
(wide) x 12" (height) with three holes
for EMCO lift brackets welded inside
container on both sides.
Painted inside and outside with high
industrial enamel in the dark brown
color. Metal to be cleaned of all foreign
materials before painting. Painting will
be one spray coat of red oxide primer
and two coats of heavy industrial grade
enamel in the dark brown color.
ANSI Safety Stickers to be provided by
V
bidder for each container.
Warranty
Minimum warranty of one (1)*year.
Warranty is to include the following
coverage. 1. Damage to the container
body, lid or any component parts though
opening or closing the lid. 2. Failure of
the lower lift bar from damage during
interface with standard ANSI approved
lifting devices. 3. Failure of the body
and lid to maintain their original shape.
4. Damage or cracking of the container
body through normal operating
conditions.
Shipping
All containers are to be delivered to the
Richmond Sanitary District, 2380
Liberty Avenue, Richmond, Indiana.
47374
EXHIBIT PAGE 5 F
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