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Home My Public Portal About158-2020 - Sunbelt Rentals - supplying transformersAGREEMENT MENT ORIGINqL THIS AGREEMENT made and entered into this day of 2020, by and between the City of Richmond, -Indiana, a*municipal corporation acting by and through its Board -ofBanitary-Commissioners, 50 North 5' Street, Richmond, Indiana 47374 (hereinafter referred to as the "City"), and Sunbelt Rentals,.Inc., 7255 West Washington Street, Indianapolis, IN 46241 ' (hereinafter referred to as fli6"Confiactor"). SECTION I. STATEMENT AND SUBJECT OF WORK, City hereby. retains. Contractor to lease to the City 4. 1200 amp switch to have a protective disconnect from the Richmond Sanitary District's (hereinafter the "District") 4160 volt transformer to its rented step down transformers, per City of Richmond code and safety requirements. City sent a Request for Quotes to Contractor on -June 12, 2020 for a monthly lease agreement.for 1200 amp switch disconnect from RSD . 's 4160 volt transformers to RSD's step down transformers. Contractor responded to City on June 23, 2020, for the freight destination charge and parts and cost of the first month lease with Contractor, and further responded on August 10, 2020 with the parts. and monthly cost of the 1200amp switch, as set forth in Exhibit "N', attached hereto and incorporated, herein by reference and made a part of this Agreement. Should any provisions, termsi 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 personnel and services necessary fof the proper completion of all woric � specified. Contractor's services shall be performed in accordance with, the standard of professional. practice .ordinarily exercised by the applicable profession under similar circumstances at the same time and in the locality where the services are performed. Professional service's are not subject to, and Contractor does not provide, any warranty or guarantee., express or implied. 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 ]EL STATUS OF CONTRACTOR Contractor shall be deemed to be an independent. contractor and is not anernployee or agent of the City .of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 158- 2020 Page 1 of SECTION III. COMPENSATION — - -- _ -- City -shall-pay-Contractor`a-sum-not-to-exceed-Twelve Thousand One-HundredFifly°Dollars-and-- ---- no cents ($12,150.00) for the first mouth of renting the 1200 amp switch and Ten Thousand Five Hundred Eighty -Two Dollars and Eighty -Nine Cents ($10,582.89) for each month'thereafter, - - --- - -- along-with-a=cost-ofEighteen-luridre, d-Dollars-($1;800.00) for fieight_expenses for Contractor -at the end of the :.lease agreement for _the return_ of the 1200 amp switch, for -complete and satisfactory performance of the 1200 ' amp switch required :hereunder: Tlie.:monies paid "to - Contractor,are based upon the bid amount set forth in Exhibit "A". SECTION IV. TERM OF AGREEMENT This Agreement shall become effective retroactive to June 23,, 2020 and shall continue in effect until January 17, 2021 unless City and Contractor agree to, continue with additional monthly rentals. 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; 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 settrng 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 Page 2 of 6 thereafter maintain such insurance as will protect it from the claims setforth below which may .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 by anyofthem; or -by -anyone -for whose acts -the Contractor maybe. held -responsible. - -- - - -- Coverage A. Worker's Compensation & Disability Requirements Limits Statutory B Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability (if applicable) Section 1. Bodily Injury E. F. Section 2. Property Damage Comprehensive Umbrella Liability Errors & Omissions Insurance $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 $2,00.0,000 each aggregate $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 thework 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 Page 3 of 6 program no .longer exists. Prior to the performanceof this Agreement, Contractor. shall provide to. the City -its signed Affidavit affirming that Contractor does not lcriowingly employ an unauthorized alien in accordance with IC 22-5-1;7-11. (a) (2). In:the event. Contractor -' ----violates 'IC 22-5-l.7-the-Contractor shall hie-required'to"remedy 'the violation nbt 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_ -arid -this Agreement -will be tern ted. If ----- _ - the -.City---deteiiines_that ernninating ,this: Agreement :would- be . detrimental to. - interest orpuiblic property,_ the City may allow this Agreement to remain :iri 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. MAN INVESTMENT ACTIVITIES Pursuant to Indiana Code qC) 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 Js 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 DISCR NfINATION A. Pursuant to Indiana Code 224.1-10, Contractor, anysub-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 peiIform 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 Page 4 of 6 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 teiYninated 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 thus section of the Agreement. C. Violation of the `terms of conditions: of this -:Agreement ielatiiig to discr"mmat on 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 fiom 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 peisonal 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 estoppel 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. Page 5 of 6 An, person executing this Contract in a representative capacity hereby warrants that he or she has authorization, in. wiitirig, by his or her principal to execute this Contract on behalf of the -- -- - Contractor-andthat-such-autliotization_has_not_beenxevoked_orrescinded:_ --- -- -- - INVITNESS-VMREOr, the parties have executed this Agieemeiit 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 RICE MOND, INDIANA SUNBEi LT RENTALS, INC. by and through its Board of Sanitary Commissioners y: By: 'Sue Miller; President Aman Bakshi, Vice President G Stiens, Member j. Dated: � � ' .3 c-,Iv Printed: Becky Casella Title: Customer Contract Manager Dated: December 28, 2020 . APPROVED: `--I1 11G1: Sn ayor City of Ric aria Date: Page 6 of 6 - --=- .----Jeff-Lohmoeller Fro►it: Michael Collins <Michael.Collinsl@sunbeltrentals.com< - - - - - -Sent: -- - --- Friday, June 12,-202,0 4 7 PM -- -- T4:---- - Cc. ' - :: - pat smoker Subject: Re: Generator & Medium Voltage Switch Pricing Switch zs $5,850 151N cable is $4500 Freight is $1800 Respectfully, lYliilte Collins Sunbelt Rentals Making it Happen For Our Carstoines-sl C: 317.292.5173 7255 W Washington St Indianapolis, IN 46241 On Jain l2, 2020,: at 4:10 PM, jlohmoeller <jlohmoeller@richmondindiang. ' vs 'A Sa vv at o n >ld i oi-b c1'e o l at It enjia =� : Michael, Would you just rent the switch, if'so what would the cost be on it? Sent fi•o;n illy Wrizon, Samsung Galaxy sniartpi me. Jeff Lolunoeller ------ Original message ------- From; Michael- Collins <Michael.Collinsl@sunbeltrentals.com> Date; 6/12/20. 4:05 PM (GMT-05:00) To: jlohtnoeller@ticlunondindiana.gov Subject: Generator & Medium Voltage Switch Pricing John, i - INVOICE I SEND ALL PAYMENTS TO: SUNBELT RENTALS INC. ° ° 102833121-0602 Po BOX 4092h . ATLANTA, GA MIN-- . 30384-9211 RE-IQlYNi�� 8/10/20 - - --- -- - - - - - -- -- -- --—- _ - - --==1NVOICETO_ . . , = - — - - III (,[ IVI D f�Y: _ .: - - QCP17pAC'[_NO. = LOHMOELLER; 3EFF 102833121 ioz- oAB-1236 PURC:1•IASEORDER'NO. RICHMOND SANITARY DISTRICT ADM 2380 LIBERTY AVE -RICHMO,Nq IN 4f374-7882 _ _ _ W_2045889 .IO_D NO. — IIII 1 1111 III Il I•I L 1� IIIIIIII I II 11 !1 l� 1 - RICHMOND: ANITAR JOB ADDRESS 13AANCI I RICHMOND SANITARY PLANT �t� 2386 LIBERTY AVE . `V {•� INDIANAPOLIS POWER & HVAC RICHMOND, IN 47374 7283R� 7255 W,WAS,HINGTON ST: 765-.983-7464 1: 070 A�6 INDIANAPOLIS; 1N 46241 2813 317-57271180 SAW QTY :EQUIPMENT # _ _ Min Day �Weel<- 4- Week -Amount - 1 600AMP 15KV MEDIUM VOLTAGE SWITCH 1130.00 1130.00 3390..00 10170.00 10176.00 RROO60775 #PRICING IS FOR"SWITCH AND CABLE it 4 4/0 CAMLOCK.CABLE 50' 3.50 3.50 16.50 31.50 126.00 3 4/0 FEMALE PIG. TAIL 1.00 1.00 3.00 9.00 27.,00 3 4/0.._MALE PIG. TAIL 1.00.,. 1.00 3.00 9.00 27.00. ... Rental sub -total: 10350.00 SALES, ITEMS:. Qty Ttem number Unit rice 1 INNERS EA 7 'r .890 232.89 IN `2.25% HEAVY EQUIP RENTAL E CISE ADl BILLED FOR FOUR WEEKS . 7/23/li U 8!/ 9 +0. 'EgUilAppa t...Se-rVice. Guaranteed.. :REMIT TO: SUNBELT RENTALS, INC. NETDUEUPONRECEIPT� Po Box 409211. — -- ATLANTA; GA 30394-9211 Invoicbs not paid ovithin 30 days may be.subject to I-V2/oper mbnthcharge. 4 WEEK BILL —No veml et 3, 2K The Board of Sanitary Commissioners of the Sanitary District of Richmond, Indiana, met in regular session in the Sally Hutton Community Room, City Building, .50 N 5" Street, Richmond, Indiana, on Tuesday, November.3, '20M at I-0:00 A.K. Those__physically _present were Pat Smoker -Acting Director, Kim Vessels- Assistant City Attorney, Greg Stiens- . - Board-Mditibe' Jeff Lolimoellei•-'WWTP Maii tenaiice Manager and Jessica Foster- Assistant Recording Clerk. : Those present. remotely through Zoom: Sue_Miller- President, Aman Bakshi- Vice President, Walt Chidestei•- Assistant City Attorney, Elijah Welch- District Engineer, Todd Hobson- WWTP Operator and WCTV. Item number 1, Approval oflVlinutes fiom October 13, 2020, was tabled until a future meeting. The -next. order of business. was to 'approve the invoices. The invoices were in the total amount of $6.12,215.45, covering':October. 9 & 16, 2020. Mr: Bakshi made a motion to approve the invoices. Mr. Steins seconded the motion. A roll call vote was taken: Aman. Bakshi - yes; Greg Stiens- yes; Sue Miller- yes; the motion passed 3-0. The next order of business was the Director's. Report. Mr. Smoker supplied a report to the Board on the Sanitary District's monthly. operations. The next order of business was to receive quotes for the 2020 Gas Collection and Control Project for Landfill. The first quote was received from Continuum Environmental LTD.of Richfield, OH, at the cost of $121,470.00. The second quote was received from Fox Contractors Corporation of Fort Wayne, IN, at the cost of $163,090.00. The third quote was received fiom American Environmental Group of Richfield, OR, at the cost of $144,830,00. The quotes were referred to management for review and recommendation at a later meeting. The next order of business was to award Quote for Valve and Actuator Replacement. Mr. Lobmoeller recommended to award the quote to TRIVACO .of Indianapolis, IN, in the amount of $54,160.00. Mr., Bakshi made a motion to award the quote for actuator and valve replacement to TRIVACO of Indianapolis, IN, at the not -to -exceed cost of.$54,160.00-Mr. Stiens secondedahe motion. A roll call vote was taken: Aman Bakshi - yes; Greg Stiens- yes; Sue Miller- yes; the motion passed 310 cZ /Tire-next-order-of-busuiess-was-the-recommendation-to enter mto contract -with -Sunbelt Rental for 1-200 A -MP t� ! Switch for WWTP. Mr. LohmoelIer'recommended to enter into contract with Sunbelt Rental for the rental of a 1 r' 1200 AMP .switch at the cost of $10,582.89 .per month as needed until repairs are completed at the WWTP. Mr. rI dr Stiens made a motion to enter into contract with .Sunbelt Rental for a 1200 AMP switch rental at a not -to -exceed/ ��..coosst of:$10,582.89 per month as needed. Mr. Bakshi seconded the motion. A.roll call vote ;was take// ```�Bak'shi = yes, Greg-Stiens= yes; Sue Miller- yes; the motion passed"3=0. The next order of business was the recommendation'to approve Wastewater Residuals Permit No. R-DEI-2020, 21, 22, 23 for D & E Initiatives LLC. The permit is. good until October 1, 2023. Mr. Bakshi made a motion to approve Wastewater Residuals Permit No. R-DEI-2020, 21, 22, 23 for D & E Initiatives LLC, DBA Whitlock's Pressure Wash LLC of Connersville, IN, expiring October ,1, 2023. Mr. Stiens seconded the motion. A roll. call vote was aken: Aman'Bakshi -.yes; Greg Stiens- yes;' Sue Miller- yes; the motion passed 3-0. The next order of business was the recommendation to. approve Groundwater Discharge Permit No. GW3- HBR288WP.-1'120 for Haber Land Company LTD. The permit is,good until November 3, 2021. Mr. Stiens made a motion to approve Goundwater.Discharge Permit No: GW3-HBR288WP-I120 for Haber Land Company LTD of Richmond, IN, expiring November 3, 2021. Mr. Bakshi seconded the motion. A roll call vote was taken: Amara Bakshi = yes; Greg Stiens- yes;, Sue Miller- yes; the motion passed 3-0. The next order of business was the recommendation to Award Bid for WWTP Grating and Railing Design and Construction Services. Mr. Welch recommended to award the, bid to Apex AG Solutions of Richmond, IN, at the cost of $55,400.00. Mr. Bakshi made a motion'to award the bid for WWTP Grating and Railing Improvements Project Phase III to Apex AG Solutions of Richmond, IN, at the total not -to -exceed cost of $55,400.00. Mr. Stiens seconded the .motiori. A roll call vote was taken: Aman Bakshi - yes; Greg Stiens- yes; Sue Miller- yes;, the motion passed 3-0. The next order of business was the recommendation Award Bid for WWTP Lab Foundations Improvement, Mr,: Welch recommended to award the bid to Byrco, Inc. of Liberty, IN, at the cost, of $12,500.00. Mr. Stiens made a motion to award the bid for WWTP lab foundations improvement to Byrco, Inc. of Liberty, IN, at the not-to- 2 exceed cost of $I2,500.00. Mt. Bakshi seconded the motion. A roll call vote was. taken: Aman Bakshi -yes; Greg -- ---Stiens--yes, Sue Miller- yes; -the motion passed 3-0: 'The next order-. of.:business -was the recommendation to Enter into Contract with. Matt Nepote for Appraisal _ Services. Mr. Welch stated that there. are two identified permanent easements that are needed in order to pay for ---the-acquisition: Mr. -.Welch -recommended to -award -a contact to.=Matt-Nepote of Richmond, -TN, to -provide— -- __:_ professional_appraisal services...Mr. Stiens.made a motion to enter :into. contract,with Matt Nepote, of Richmond, 'IN, atIl e:not-to-exceed cost -of $2;650.0.0 for appraisal services of up to two -easements as .presented. Mr.- Bakshi = seconded the :motion. A roll call vote was taken:. Amara Bakshi - yes; Greg Stiens- yes; Sue Miller- yes; the motion passed_3-0. With no further business, Mr. Bakshi made a motion.to adjourn the meeting. Mr. Stieiis seconded the motion: A roll call vote was taken: Aman Bakshi yes; Greg Stiens- yes; Sue Miller- yes; the motion passed M. The meeting was adjourned at 10:29 A.M. Jessica Foster, Assistant Recording Clerk Aman Bakshi, Vice President Board of Sanitary Commissioners Riclunond Sanitary District