HomeMy Public PortalAbout084-2014 - Sanitary - JW Devers & Sons - Various replacement containers for landfillORIGINAL
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this � day of , 2014 and
referred to as Contract No. 84-2014 by and between the City of Richmon , Indiana, a
municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter
referred to as the "City") and J.W. Devers & Son, Inc., 5 North Broadway, Trotwood, Ohio
45426 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide and deliver four (4) 35-cubic yard trash containers and
one (1) 45-cubic yard trash container for the Richmond Sanitary District Landfill.
A Request for Quotes dated June 6, 2014, including specifications, consisting of six (6) 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 June 16, 2014, is contained on its
responses on Exhibit "A;" these are also hereby incorporated by reference and made a part of this
Agreement_ Contractor shall provide all equipment, services, and warranties, listed on Exhibit
"A."
Delivery of any equipment that does not meet all specifications listed on Exhibit "A," except as
noted thereon, will be considered a breach 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.
Contract No. 84-2014
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Thirty Thousand Nine Hundred Thirty Dollars
and Zero Cents ($30,930.00) for complete and satisfactory performance of the work required
hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and upon successful
demonstration of the capability of Contractor's containers to be utilized by City's existing
equipment for that purpose, 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.
Page 2 of 6
Coverage
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Limits
Statutory
$100,000
$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 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
Page 3 of 6
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
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.
Page 4 of 6
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.
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:
*Sue Miller, President
Date: rl
APPROVE
7—" �4a
Sarah L. Hutton, Mayor
Date: 7 '9-9� / 4
"CONTRACTOR"
J.W. DEVER & SON, INC.
Title:
Date: :,—> — 1Z 'R — ` C
Page 6 of 6
0
PRICE REQUEST
,� yo
u
1
C ff OF RICHMOND
DFPARTA4ENT OF SANITATION
2380LIBERTYiNDIANA47374
PHONE (765) 963-7450.FAX (765) 962-2669
THIS IS NOT AN ORDER
VENDOR
INSTRUCTIONS
This is a request for a price for the services of materials
JW Devets &Sons
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.
5 N. Broadway Street
Please complete your full name and phone number below
with signature; itemize all prices and charges where
Trott -wood, OH 45426
requested; and attach any explanation for any substitution to
specifications altered. Return in a sealed envelope, in care of
ATTN: Davis Henderson
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:
DELIVERY REQUIRED:
June 6, 2014
10:00 A.M. on June 24, 2014
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a request for quotes for purchasing various replacement containers for the New Paris Pike Landfill.
Specifications and Proposal Sheet enclosed 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: replacement containers
Price Per Container$
Total Quoted Price $c'CD
(to include shipping)
Please include all warranty information with quote. Any questions, please call Joe Bartle at 765-983-7457.
NAME OF FIRM QUOTING:
STATE TAX EXEMPTION # 003121909-001
BY'
AUTHORIZED 6Y SIGNATURE
TITLE
Richmond S4tary(District DATE PHONE NUMBER
EXHIBIT _a_ PAGE _ j_0
n� J.W. DEVERS & SON INC,
TOP CONTAINER DESIG71MI h Broadway
OPEN ood, Ohio 45426-3599
TO BE USED WITHA HOOK LIFT SY g54-3040
The Richmond Sanitary District wishes to purchase several replacement containers to store
various waste streams at the Landfill. Four containers are to be approximately 35 cubic
yards and one container roughly 45 cubic yards. Dimensions for all containers are
approximately 20' long and 7&1/2' wide. The overall length is not to exceed 21'6". The
overall width is not to exceed 816". The height of the 45 yard container should be roughly
8' while the 35 yard container height should be roughly 61. The 35 yard containers are to
be painted an Omaha orange or similar type color. The 4.5 yard container is to be painted
dark or deep blue.
YES NO
1 Rails must be a maximum of 41" wide from outside to outside. L
2. Lift bar must be a minimum of 2 & 9/16" in diameter located 61 & 3/4" up /�
,�iA�
from the bottom of the sills to the center of the lift bar, `5
3. Lift bar must have a clearance of at least 6" from the front of the container
4. Frame for lift bar must be the same size as sills and tapered inward to allow
for a minimum of 12' wide lift bar.
—
5. Rear hold-downs must be located 148" from front of container and 8" down
from floor, located on the outside of each rail.
6. Hold-dovmms will be 4" ,. ide and 14" long.
7, Rear door must be a solid door with no openings.
8. Floor is to be 3/16" thick rolled steel.
9. Floor supports, (floor channels), are to be 3"
10. Sides, front, and door are to be 12 gauge.
x
11. Side vertical supports are to be spaced at 30".
x
12. Rails are to be 6"x 2"xl/4" structural tubing.
13. Door frame and top side rails are to be 3"x3"xl/8" structural tubing,
14. Front top rail is to be 6"x2"xl/4" to withstand the forces of the hook lift
system
15, Tarp bar and ladder to be''/4'xl". Ladder to be located on left front side.
EXHIBIT PAGE —sLOEEI
16. The hinges must be located oil the driver side of container, with the latch
located on (tie passenger side.
Drawings have been included for the hook lift system that must he used to make these containers fit our
application.
The containers must meet all specifications with the follolAing exception. The bidder may submit a
proposal on non -conforming areas in the specifications only if such variance is pointed out in writing
within the bid. Consideration will be given to such deviations.
Successful bidder will deliver containers F.O.B. to the New Paris Pike Landfill; 5242 New Paris Pike,
Richmond Indiana, 47374.
Containers are to be free from defects at the time of delivery. Landfill personnel will perform all
inspection of each container upon delivery.
For information and Questions, contact Joe Bartle rr (765) 983-7457.
PRICE PER 35 yd. CONTAINER, INCLUDING DELIVERY
PRICE PER 45 yd. CONTAINER, INCLUDING DELIVERY
PRICE FOR All CONTAINERS, INCLUDING DELIVERY
ESTIMATE OF DELIVERY TIME, IN WEEKS
AUTHORIZ <�Sl ATURE
CONTACT PERSON
DATE
COMPANY
PHONE #
EXHIBIT _ PAGE 3 0F�
J.W. DEFERS & SON INC.
in
Q� 5 North Broadway w
Trotwooc� Ohio 45426-3599 0 „ E z
m 0 (937) 85463040
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