HomeMy Public PortalAbout035-Kaffenbarger TruckTRUCK MODIFICATION AGREEMENT
THIS AGREEMENT made and entered into this a day of April, 2004, by and between the City of
Richmond, Indiana, a municipal corporation acting by and through its Department of Sanitation and
the Board of Sanitary Commissioners for the Richmond Sanitary District (hereinafter referred to as
the "City") and Kaffenbarger Truck Equipment Company, 2929 Northlawn Avenue, Dayton, Ohio
45439 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to modify the location of the large tool/storage compartment and the
hydraulic knuckle boom on truck number 19. A Request for Quotes specifically describing the work
to be performed, is attached hereto, made a part hereof and marked as "Exhibit A".
Contractor shall perform all work described on "Exhibit A."
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.
This Agreement shall not take effect until the City is in receipt of any required bonds and certificates
of insurance, and until 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.
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Three Thousand Two Hundred Fifty-nine Dollars
($3,259.00) for the complete and satisfactory performance of all work described on "Exhibit A."
SECTION IV. 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.
SECTION V. 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 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
Contract No. 35-2004
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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 and venue 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.
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, KAFFENBARGER TRUCK EQUIPMENT
INDIANA by and through its COMPANY
Board of Sanitary Commissioners p
/� % � 11 n I
Date:`. �� Title:
APPROVE Date: O
Sarah L. Hutton, Mayor
Date: " ^��
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RICHMOND SANITARY DISTRICT
REQUEST FOR QUOTES
Richmond Sanitary District wishes to receive quotes for the following work.
Switch large tool / storage compartment location with the hydraulic knuckle boom.
1. The tool/storage compartment will be located directly behind the cab with a
minimum of 4 inches between cab and compartment. y
2. Tool/storage compartment may be mounted on frame or cut and move bed
with compartment.
3. Knuckle boom will be removed and re -located behind the tool/storage
compartment mounted on frame of truck.
4. There is to be no reduction in open bed size.
5. All cuts, welds, and fabrications must be smoothed,, and painted.
6. All components must be fully functional when completed.
Truck may be viewed by appointment only.
Contact Rick McGuire 765-983-7459
EXHIBIT PAGE �OFL