HomeMy Public PortalAbout008-2019 - Gripp, Inc - Flow Metering Equipment and ServicingAGREE` iYLENT
THIS AGREEMENT made and entered into this sth day of April , 2019, by
and between the City of Richmond, Indiana, a municipal corporation acting by and through its
Board of Sanitary Conunissioners and its Storm Water Management Board (liereinafter referred
to as the "City") and Gripp, Incorporated, 17322 Westfield Park Road, Westfield, Indiana 46074
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish and install, on a purchase basis, certain flow monitoring
equipment for its Sanitary District and Storm Water Management District operations; and to
provide serTicing of such equipment and related services, as specified and requested.
The 'City's October 11, 2018 request for proposals, consisting of 2 pages, is attached hereto as
Exhibit A and incorporated herein by reference and made a part of this Agreement. The proposal
of Contractor dated November 1, 2018 is attached hereto as Exhibit B, consists of four (4) pages,
and is hereby incorporated by reference and made a part of this Agreement. Contractor shall
provide all requested equipment and services listed on 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.
No performance of services shall commence until the following has been met:
I. 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 22-5-1.7-1 1(a)(2); and 9
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 M. COMPENSATION
City shall pay Contractor as specified in Exhibit B in a total annual sum not to exceed Forty -Two
Thousand Dollars and Zero Cents ($42,000.00) for complete and satisfactory performance of the
work required hereunder.
Contract No. 8-2019
Page I of 6
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective January I, 2019 and continue in effect until December 31,
2019, with the City retaining an option to renew for two additional one-year terms at prices equal
to or less than those stated herein.
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 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;
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 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 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.
Coverage Limits
A. worker's Compensation & Statutory
Disability Requirements
Page 2 of 6
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
E. Comprehensive Umbrella Liability
$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
$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.
Page 3 of 6
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22--I6.5, 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-
1.6.5. 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 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.
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 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. 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.
Any person executing this Contract in a representative capacity hereby warrants that he/she 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 in its efforts to enforce this
Agreement, including but: not limited to, City's reasonable attorney's fees.
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.
[Signature page to follow.]
Page 5 of 6
IN WITNESS WHEREOF, the. parties have ekecuted 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 Sani ray Commissioners
By:
le Sue Miller, President
ilo
2
Aman Bakshi,Vice President
tiens, Member
THE CITY OF RICHMOND, INDIANA
by and through its Storm.Water
Management Board
By-'
7G4regiens, President
Aman Bakshi, Nice President
A
Sue Miller, Member
APPROVED �
David M. Sn ,=Mayllill
Date: 61) � 3
Page 6 of 6
"CONTRACTOR"
GRIPP, INCORPORATED
By: [jwe
17
(Printed)
Date: 01 /057 wil "1
RIGy�
��►D 1 ANA
CITY OF RICHMOND
DEPARTMENT OF SANITATION
2380 LIBERTY AVENUEaRICHMDND, INDIANA 47374
PHONE (765) 983-74509FA.X (765) 962 2669
Gripp, Incorporated
Attn: M-. Keith Hicks
17322 Westfield Park Road
Westfield, IN 46074
RE: Flow Metering Services
Dear Mr. Hicks:
DAVE SNOW
Mayor
BRYAN J. ERVIN
Director
October 11, 2018
The Richmond Sanitary District wishes to have you provide pricing forsiervices and equipment
similar to ghat has been provided through Contract 146-2015, which would be considered for a
new contract. The new contract would be for one year, with two options to renew for two
additional one-year terms. All new equipment shall be the same model (or updated version) of
the equipment RSD currently owns. No amount of work or equipment purchase will be
guaranteed as part of this contract.
Please fill out the attached pricing sheet and include it in your response. 'In addition to this, we
will require insurance in the amounts listed on the attached sheet and a new signed E-verify
affidavit. We will need a copy of these before a contract could be issued. Please also include a
statement/letter from Teledyne/ISCO indicating Gripp being the exclusive distributor and sales
representative for the products we currently own.
If you have any questions, please contact me at (765) 983-7483 or by e-mail at
ewelch a,richmohdindiana.gov.
- a
Please submit responses to me by email no later than Friday, November 2, 2018.
Sincerely,
r
Elijah W. welch, P.E.
District Engineer
Attachments
EXHIBIT'A' - Page 1 of 2
.Richmond Sanitary District Flow Monitoring Services
Unit Price
Permanent Flow Meter Purchase
$
(Monitors Valet and D.ry Side, Cellular Connection,
Power from existing Receptacle, New SS Enclosure)
Permanent Meter Initial Setup and Installation
$
Temporary/Portable Flow Meter Purchase
$
(Battery Powered, Cellular Connection, MH Lid Antenna)
Portable deter Initial Setup and Installation
$
Rental of Portable AV Flow Meter (per Month)
$
Fee to Relocate I Dieter
$
Fee to Relocate 2 Meters (when requested with other relocations)
$
Fee to Relocate 3 Meters (when requested with other relocations)
$
Fee to Relocate 4 Meters (when requested with other relocations)
= $
Fee to Relocate 5 Meters (when requested with other relocations)
$
Rain Gauge Purchase - Data Push- Style
$
Power from existing receptacle, Cellular Connection, Enclosure)
,Rain Gauge Initial Setup and- Installation
$
Lift Station Monitor Purchase - Data Push Style
$
(Cellular Connection, power -from Existing Receptacle)
Lift Station Initial Setup and -installation
$
Calibration and Inspection (per meter)
$
Additional Software License Purchase
$
Training (per day)
$
Field Crew Service (service) (On -call - per hour)
$
Field Crew Service (travel) (On -call - per hour)
$
Submittal of Monthly CSO DMR
$
(Submitted by email by the I gth of each month)
Website Data Hosting Services (monthly -'15 sites or less) $
NOTE: Misc. Equipment, expenses (scissor rings, etc) will be shall be billed at cost +10%
CONTRACTOR NAME:
Authorized Signature Date
EXHIBIT'A' - Page 2 of 2
S f i Y
Y GRIF'w;pp
I N C o R P o R A T E D
per£.
lk. 317.896.3700 ECN grippinc.com
17322 Westfield Park Rd., Westfield, IN 46074
November 1, 2018,
Elijah W. Welch, P.E.
District. Engineer
Richmond Sanitary District
2380 Liberty Ave,
Richmond, IN 47374 .
Office 765.083.7483
Elijah,
Gripp Inc. is pleased to provide Richmond Sanitary District (RSD) the attached 2019 Service
Pricing. Gripp Inc. is the exclusive distributor and sales representative for Teledyne Isco,
equipment and is also factory authorized to service Isco products. A letter from Isco
acknowledging Gripp as Authorized distributor is attached. Also attached is the required
insurance certificate.
As always, we enjoy working with you and the rest of the folks at RSD and appreciate this
opportunity to continue in the future. Please let me know if you have any questions.
Sincerely,
Keith Hicks
�r
Technical Sales Representative
EXHIBIT'B' - Page I of 4
Richmond Sanitary District Flow Monitoring dices
:
Unit Prita
Permanent Fig Mir Purch2se :.
13,285.50
( lonftam Wet and Dry Side, Cellulat Connnion,
Power from ekisfing ReMtacle, New $6 Enclosure)
Permanent Meter inNial Setup and Installation
�,395.00
Tempo"lPotUble Flow Meter Purchase.
7,909.00
(Battery Pumna4. CAOIuleir Connection, MH Lid Antenna)
Partable Meter initial Setu'p and Instaliation .
: $
550.00
Rental of Oortabie AV Flow Deter (per Months
1,580.00 _...
Fee -to Ftelociate 9 Wbr
1,050.00
Fab -to ftlocate 2 Metm When mq_ ues with for cations)
920.00
Fee to Relocate 3 Meters (when requested with other ro catidne)
$
W0.00
Fee to Relocate 4 Meters 1when requested with other mlacetic )
$
680.00
Fee to Relaate 5 Matm (when feque$ted with other W tlom)
560.40
.in Gouge Putch se - DaUPt h Style
5,405.00
Pow, from exists remptacta' fu r ConneMon Encbsnre .
lain Gausa WWI Wup and Imtellefttr
$0a.00
L ft Station Monitor Purchase - Date Push Style
4:gj
Quote as needed
-(War
nne ri: {mw. fmm Existing Rweptsc
Quote as needed
ed�
Lift Station Ini al Setup and installation
Calibration and tns ion r meWr
550.00
AddlWnal Software Uce a Purchwe
2,700.00
Training Wer day)
-
$00.0D
Field Crew Service (service) (On -call - per hour)
25D.00
NeW Crew Serves (travel) (On -call M per hour)
$
250.00
Subrnftl of Monthly CSO D R
$
00,00
(Submitted by email by tt IOth of each months
95.00 per site
Data Hosting month -16 ghee or less
� Sergio
ebe� � )
per month
NOTE: Misc. Equipmefit expenses ieciasar rings, etc) will he shell be billed
at cost +10%
CONTRACTOR NAME: GRIPP _1NC0RP0RATED
:.
Judy E. Grip - 10/30/2018
-
\Au nizeipignature~ Preside nt Date
EXHIBIT V - Page 2 of 4
"q& TELEDYNE ISCO
E Y✓ryMereyou1 k"
4700 Superior Street
P.Q. Sax 82531
Lincoln, NE 68601
January 16, 2018 P:40Z465.3929
F: 402.465.3022
Toll Free 800.228A373
andrew.lyon@te ledyne. com
To whom it may concern:
This is to certify that Teledyne Isco is the sole manufacturer of Teledyne Isco
automatic wastewater sampling and flow monitoring equipment. These items
Include but are not limited to flow meters, LaserFlOWTM, samplers, rain
gauges, connecting cables, and associated hardware, as well as, operation
software. These parts can be . obtained either direct from Teledyne Isco or
through our lobal representative-, Gripp, Inc.
Gripp, Inc., with offices located at 17322 Westfield Parr Road, Westfield,
Indiana 45074, is an authorized Teledyne Isco Sales Representative and
Distributor for the. State of Indiana and the State of Kentucky as defined in the
Teledyne Isco Domestic Sales Representative and Distributor Agreement,
dated December 1, 2015.
Respectfully,
ZZ
Andrew L. Lyon Jr.
Sr. Quotation/Submittal & Contracts Specialist
EXHIBIT'B' - Page 3 of 4
ACC> R`" CERTIFICATE OF LIABILITY INSURANCE DATE WVDrfM
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THIS CERTIFICATE IS ISSUED AS A.I ATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFrORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE. ISSUING INSURER(S), AUTHORiZ"ED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IIIIIPORTANT: If t#Mt WtffiCas W holder Is an ADDITIONAL INSURED, the Pollcy ; must have ADDITIONAL INSURED provisions or be endorsed.
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ACORD 25 (2016103) The ACORD name and logo am ar+gg uuvd marks of ACORD
EXHIBIT'B' - Page 4 of 4