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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 ki 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 ) r Title:y �. Date: Page 6 of 6 o, PRICE REQUEST �{ a u o i � / i 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: _ 1 v/<- FAIIIi/6 rilwr'i5w l>¢ L BY: Z AUTHORIZED BY SIGNATURE hi L-1 rvl �— j /a LDS Al C /". TITLE I tp 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 CVUInIT71 �7 /�% ��'✓ 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 La Lids, Hinges, and The lid shall be of one piece Lid Components construction, high density black polyethylene resin. Each container must v 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, r/ 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 o ig a 1 ® w4 I l e r iU z per 2 O Cap. 0- LLZ 00 d W cn 1 S . I 1 1 EXHIBITS PAGE. Ad ul L4 1� OLU z ZW 0 C) Oo I z 0 A EXHIBIT J. PAGE