HomeMy Public PortalAbout061-2021 - Parks - L. M. Kettler, Inc - Drilling new well and Springwood Lake - Pavillion AGREEMENT
THIS AGREEMENT made and entered into this 13 day of ma Ia , 2021, and referred to as
Contract No. 61-2021 by and between the City of Richmond, In ana, a municipal corporation
acting by and through its Board of Parks and Recreation, with its office at 50 North 5th Street,
Richmond, Indiana, 47374 (hereinafter referred to as the "City") and LM Kettler Inc., 2910 Endsley
Road,Richmond,Indiana,47374 (hereinafter referred to as the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with drilling a new well for the
pavilion at the Springwood Lake Park located at 64 Waterfall Road, for the Parks Depailnuent (the
Project).
A Request for Quotes dated April 15, 2021, has been made available for inspection by Contractor, is
on file in the offices of the Richmond Parks Department, 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 is attached hereto as Exhibit "A", which
Exhibit is dated April 21, 2021, consists of two (2) pages, and is hereby incorporated by reference
and made a part of this Agreement. Contractor agrees to abide by the same.
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 which are
incidental to the proper completion of all work specified.
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. 61-2021
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SECTION III. COMPENSATION
City shall pay Contractor in an amount not to exceed Six Thousand One Hundred Forty-five Dollars
and Zero Cents ($6,145.00) for satisfactory completion of the Project.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all Parties, and shall continue in effect until
satisfactory completion of this Agreement.
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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government,the State of Indiana, or local government.
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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
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
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
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.
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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.
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,
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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 acting 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.
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.
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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.
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, LM KETTLER INC.
INDIANA by and through its 2910 Endsley Road
Board of Parks and Recreation Richmond,Indiana,47374
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By: By:
Mike Foley,President e L.Kettler,Presi ent
Date:
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APPROVED: (
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Date: 0S /EV 2424
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pe a • CITY OF RICHMOND
�\
6 lfrtiop} 50 North Fifth Street
�P Richmond,Indiana 47374 PRICE REQUEST
(765) 983-7200
` 'PHIS.IS NOT AN ORDER
VENDOR • INSTRUCTIONS
•
• This is a request for a price or quote for the services or •
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,address,and phone number below with
•
signature;itemize all prices and charges where
requested;and attach explanation for any substitution to .
• specifications altered, Please return in care of
• • Purchasing to the address above by the specified date
and time to be considered unless otherwise specified,
•
•
DATE REPLY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS
APRIL 15,2021 April 22,2021 by 4:59 pm DRLTVERED • UPON RFCETPT OE INVOICR
ZUANTITY CATALOG NO, DESCRIPTION UNIT PRICE • TOTAL
Springwood Well
At Springwood Lake Park •
•
(see attached).
•
. Bids may be mailed or delivered to the City
of Richmond,ATTN: Kara Messier,50 North
5th Street,Richmond,IN 47374; • •
•
•
•
•
PRICE REQUEST •
• NAME OF FIRM QUOTING
BY —1 ` 1 cui( UA M. �e �'�'1�Y ,Tnc�
KARA MESSLER %�
PURCHASING MANAGER BY �/ •
,,i
/� / AUiH RILED BY •
•
'MULE,
DATE 1-1I t1 ao g_.1
State Tax Exemption No. 003121909-001
EXF11SiT , PAGE•__OF 1Phone No. 1LL5 _767-0667 •
L.M.KETTLER,IN.0
* Water Wells * Pumps * Sales and Service
2910 Endsley Rd
Richmond, Indiana 47374
Jeff Kettler
Bid Quote
Springwood Well at Springwood Lake Park
April 22,2021
Attn:Kara Messier
Purchasing Manager
City of Richmond
Well
New Drilled 5"PVC Water Well
70 Ft.min.at$26.50 per ft.
Screen Gravel Pack Grouting,Development,Mobilization
Water System
Switch Over from old 4"Steel Well to New 5"PVC Well
New 5"Stainless Steel Merriell Clearway Pitless Adapter
New 5"PVC Bug Proof Well Cap
New Sta-kon Wire Connectors and Water Proof Tape
New 1"Brass Insert Fittings
70 ft.Ditch from Old Well to New Well
1"-200#Poly Water Line,3-#12 Wire and 1"Conduit
Backhoe Labor to Pull Pump from Old Well
Abandon Old Well to State Specifications
Chlorinate Well and Water System
Labor
IDEM Permit
2 Bacteria Water Tests
Completion Date Shall be 3 Weeks After IDEM Permit Issued
2 Year Warranty on all Parts and Work
Cost:
Drilled Well $1855.00
Screen,Gravel Pack,Grouting,Development and Mobilization. $1150.00
Water System $2240.00
Permit and Bacteria Tests $900.00
Total
Questions Call Jeff Kettler 765-967-0067 $6145.00
EXHIBIT A PAGE �`-OF