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HomeMy Public PortalAbout126-2018 - Sanitary - Xylem - Handling Pump.Gkr,MFN. ORIGINAL THIS AGREEMENT is made and entered into this -H- day of August, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, 50 North 51h Street, Richmond, Indiana 47374 (hereinafter referred to as the "City") and Xylem Dewatering Solutions, 7615 W. New York Street, Indianapolis, Indiana 46214 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for a 6 inch Solids Handling Pump for the Richmond Sanitary District (hereinafter "RSD"), 2380 Liberty Avenue, Richmond, Indiana. City sent to Contractor a Request for Quotes on June 14, 2018 for a 6" solids handling pump. Said Request for Quotes is three (3) pages and is attached hereto as Exhibit "A" and incorporated herein by reference and made a part of this Agreement. The response of Contractor, dated July 6, 2018, is contained in Exhibit `B", which Exhibit "B" consists of seven (7) pages and is attached hereto and incorporated herein by reference and made a part of this Agreement. Exhibit "B" also includes the Contractor's agreed upon Specifications for a 6 inch Solids Handling Pump, as set forth in Exhibit "B". 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. Contractor's services shall be performed in accordance with the standard of practice ordinarily exercised by similar recyclable operations under similar circumstances at the same time and in the locality where the services are performed. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 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 IL 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. 126-2018 Page 1of6 SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Thirty -Five Thousand Six Hundred Sixty -Two Dollars and Eighty Cents ($35,662.80) for new 6 inch solids handling pump, as itemized in Exhibit "B". The monies to be paid to Contractor are based upon the bid sheet submitted by Contractor, which is set forth in Exhibit "B", and attached with this Agreement and made a part hereof. The price includes all shipping, handling and set up charges, with delivery to be to the Richmond Sanitary District, 2380 Liberty Avenue, Richmond, Indiana during normal business hours of Monday through Friday from 6:00 A.M. to 3:00 P.M, excluding Holidays. The estimated delivery time for the above described equipment is within four (4) weeks after receipt of a purchase order. SECTION W. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue in effect until and including delivery of the items set forth in Exhibit `B". 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 thirty (30) 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, provided that Contractor was notified in writing of deficiencies, given ten (10) working days to cure deficiencies and failed to remedy such deficiencies. c. ineffective or improper use of funds provided under this Agreement; 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 to the extent caused by Contractor's negligent conduct or performance or non-performance of this Agreement; 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 Page 2 of 6 arise out of or result from the Contractor's negligent 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. Coveraee 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 (if applicable) 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 $2,000,000 each aggregate F. Errors & Omissions Insurance $1,000,000 per claim $2,000,000 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 Page 3 of 6 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. The Indiana E-Verify Affidavit is attached with this Agreement and incorporated herein as Exhibit "B". 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 Page 4 of 6 4. 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. The City hereby agrees to release and hold harmless the Contractor and all officers, employees or agents of the same from all liability which may arise in the course of City'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 delegation or assignment, 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. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained 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 out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. In the event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. In the event that an ambiguity, 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. Any person executing this Contract in a representative capacity hereby warrants that he or she has authorization, in writing, by his or her principal to execute this Contract on behalf of the Contractor and that such authorization has not been revoked or rescinded. Page 5of6 fN 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 due Miller, President Dated: APPROVED: Dave Tayor Dated: v8 "CONTRACTOR" XYLEM DEWATERING SOLUTIONS Page 6 of 6 PRICE REQUEST A ti y u a t �h ffff OF MCHMOND 23 0L m�AVEONUE:RICFIMONDOINDIANA47374 THIS IS NOT AN ORDER PHONE (765) 983-7450-FAX (765) 962-2669 VENDOR I INSTRUCTIONS I 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 DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: June 11, 2018 10:00 A.M. on July 10, 2018 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes to purchase a 6" solids handling pump. 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 envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Service Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: 6" solids handling pump Quote Valid Until Questions? Call Jeff Lohmoeller at 765-983-7464. $ STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary District NAME OF FIRM QUOTING: M AUTHORIZED BY SIGNATURE DATE PHONE NUMBER TITLE A Poi l ��3 Specifications For A 6 inch Solids Handling Pum The Richmond Sanitary District is looking to purchase a 6 inch solids handling pump to use for the draining and/or moving of contents from one tank to another as well as draining rooms or tanks during loss of power/control situations. Specifications 6 inch suction size Yes No A 6 inch discharge size Yes No 2000 gpm flow capacity. (Include pump performance curve) Yes No 3 inch max solids handling Yes No 60 gallon fuel tank Yes No Automatic start/stop capability Yes No Dry priming Yes No Diesel Engine Yes No 50 feet suction head Yes No Trailer Mounted Yes No 250 feet of 6 inch, layflat hose with Bauer coupling Yes No 50 feet of 6 inch, black rubber suction hose with Bauer coupling Yes No Factory Official on -call service within 100 miles Yes No Inventory of emergency repair parts Yes No 0 PO1 e 0 13 Proposal Sheet Dealership Submitting Quote: Price Firm for How Long Estimated Delivery New 6 inch solids handling pump $ Government Discounts $ Price After Discount $ Total Price $ Prices to include all shipping, handling, delivery, pickup and setup charges. Vehicle to be delivered to the Richmond Sanitary District WWTP, 2380 Liberty Ave., Richmond, IN 47374 All questions shall be directed to Pat Smoker, Plant Superintendent 765-960-0765 or Jeff Lohmoeller, Plant Manager, 765-993-2670. Authorized Signature Contact Person Date Phone A I9u$e 36�3 PRICE REQUEST P o y u o � I CITY OF MCHMOM DEPARTMENT OF SANITATION 2380 LIBERTY AVENUE.RICHMOND, INDIANA 47374 PHONE (765) 983-7450.FAX (765) 962-2669 VENDOR Xylem Dewatering Solutions 7615 W. New York Street Indianapolis, IN 46214 ATTN: Tim Brizzolara 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 DATE: I REPLY MUST BE IN BY: I PAYMENT TERMS: DELIVERY REQUIRED: June 14, 2018 10:00 A.M. on July 10, 2018 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes to purchase a 6" solids handling pump. 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 envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Service Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: 6" solids handling pump Quote Valid Until a I n I �u Questions? Call Jeff Lohmoeller at 765-983-7464. STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary District F FIRNLQUOTI BY: 49 i a"t DATE AUTHORIZED BY SIGNATURE TITLE PHONE NUMBER Specifications For A 6 inch Solids Handling Pum The Richmond Sanitary District is looking to purchase a 6 inch solids handling pump to use for the draining and/or moving of contents from one tank to another as well as draining rooms or tanks during loss of power/control situations. Specifications 6 inch suction size Yes No A 6 inch discharge size Yes No 2000 gpm flow capacity. (Include pump No performance curve) Yes ✓ 3 inch max solids handling Yes 1% No 60 gallon fuel tank Yes No Automatic start/stop capability Yes No Dry priming Yes / No Diesel Engine Yes ✓ No 50 feet suction head Yes No Trailer Mounted Yes V No ' 250 feet of 6 inch, layflat hose with Bauer coupling Yes No 50 feet of 6 inch, black rubber suction hose with / Bauer coupling Yes V _ No Factory Official on -call service within 100 miles Yes ✓ No Inventory of emergency repair parts Yes No Dealership Submitting Quote: Price Firm for How Long Estimated Delivery New 6 inch solids handling pump Government Discounts Price After Discount Total Price Proposal Sheet IiA -6 (fS. ,30 $ ?5. U A `fib $ `?)S. WA19) Prices to include all shipping, handling, delivery, pickup and setup charges. Vehicle to be delivered to the Richmond Sanitary District WWTP, 2380 Liberty Ave., Richmond, IN 47374 All questions shall be directed to Pat Smoker, Plant Superintendent 765-960-0765 or Jeff Lohmoeller, Plant Manager, 765-993-2670. Contact Person nlb�l Date '9011- Phone n I inG , July 9, 2018 City of Richmond Attention: Mr. Jeff Lohmoeller Sale Quotation # 137005186 Page.2 of 2 SALE QUOTATION 7615 W New York Street Indianapolis, IN 46214 w1em Tel: 317-217-5131 Let's Salve Water ITEM QTY DESCRIPTION A 1 Dri-Prime CD 150M Diesel Pump • 6" 150# Flange Suction and Discharge • Isuzu 4LE2X T4 Diesel Engine • Includes Godwin PrimeGuard Controller • Road Going Trailer,ElecBrakes- 3" Pintle • Lights - DOT Standard • 6" MQD x 150#FL Mounting Kit • 6" FQD x 150#FL Mounting Kit B 1 PrimeGuard Float Set • w/ 65' Mechanical Floats C 5 6" x 10' Black Water Suction Hose with Godwin QD Fittings godwin ® rS.YGT D 5 6" x 50' Heavy Duty Orange Layflat Hose with Godwin QD Fittings E 1 6" One Piece Suction Screen with Male Godwin QD Fittings NET L UMP SUM SALE TOTAL DELIVERY CHARGE �}� L t✓t ©� '1 $ 34,712.80 $ 950.00 Please note all sale pricing is in U.S. Dollars. The price does not include freight, export boxing, duties, taxes, or any other items not specifically mentioned. This pricing information is for internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 30 days. All prices quoted in US dollars. This order is subject to the Standard Terms and Conditions of Sale - Xylem Americas effective on the date the order is accepted which terms are available at httns /iwww xvlem com/en US/stmom ort/xviem-americas-standard-ters-and-conditions/ and incorporated herein by reference and made apart of the agreement between the parties. E-Verify Requkements: Definitions: E-Ve . Program — A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act -of 1996 (P.L. 104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 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. reerrrearorreaaeeeeerreereerrrrereerreeaerrrearaerereeeeerewreetaeereaeeeeae�eaeeeer� 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 H-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 thAgreement, Contractor shall provide to the City its signed Affidavit affirmi eng that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (3 0) days after the City notifies the Contractor of the violation. If the 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. 0 �_ 0 � .1-7 Affidavit of Employment Eligibility Verification nG . The Contractor, [•, alU"b sIunder the penalties of perjury that Contractor does no knowingly employ Ra unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this U " ' day of Ut Wv, , 20-1t. IRAN JNVESTAUW 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 refitted 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. ( J11) f, -A r�, e -