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HomeMy Public PortalAbout156-2011 - Sanitary - Quality Repair Service, IncPURCHASE AGREEMENT0 PY b THIS AGREEMENT made and entered into this I day of 201.1, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Quality Repair Service, Inc., 411 Knight Drive, Greenwood, Indiana 46142 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for the purchase of three new Flowserve vertical pumps, delivered. A Request for Quotes dated September 7, 2011 has been made available for inspection by . 'Contractor, is attached hereto as Exhibit "A," consisting of one (1) page, is on file in the office of the Richmond Sanitary District, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Delivery of any equipment that does not meet all specifications listed will be considered a breach of this Agreement. The response of Contractor to said Request for Quotes is attached hereto as Exhibit "B," which Exhibit is dated October 5, 2011, consisting of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all equipment and warranties listed on Exhibit `B" within the timeframe stated therein. Further, Contractor shall provide City with copies of all warranties upon receiving a written or verbal request to receive such warranties. 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 work shall commence until the following has been met: 1. The City.is in receipt of any required certificates of insurance; and 2. A purchase order has been issued by the Purchasing Department. SECTION 11. 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 III. COMPENSATION . City shall pay Contractor the sum of Thirty -Eight Thousand Seven Hundred Ninety -Four Dollars and Twenty -Seven Cents ($38,794.27) for complete and satisfactory performance of the work required hereunder. Contract No. 156-2011 Page 1 of 5 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by ail parties and small continue in effect until the completion of the project. 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 by either the City or the Contractor, in whole or in part, by mutual Agreement setting -forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEM1VIF'ICATION 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 Page 2 of 5 C. Comprehensive General Liability Section 1. . Bodily Injury Section 2. ' Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $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 E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 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 subj ect 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. 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: 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 3 of 5 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 VIII. 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 IX. MISCELLANEOUS This Agreement is personal to the parties hereto and neither parry 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 fled in said courts. The parties specifically agrec 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. Page 4 of 5 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. CC= "CONTRACTOR" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: kelar(ad � dr, P esident Date: 1 ' APPROVED: 1 1� Sarah L. Hutton, Mayor Date: QUALITY REPAIR SERVICE, INC. wte11—Ig —11 Page 5 of 5 r RICHMOND SANITARY DISTRICT WWTP VERTICAL SITE DRAINAGE PUMPS REPLACEMENT The Richmond Sanitary District is asking for quotes to replace all three (3) of our Vertical Site Drainage Pumps. The current pumps are Ready Buffalo — s/n: S 18-102MI0 1800 GPM 3.25TD 10"x10". We will be installing the new pumps in-house. Type of pump requested or proven equal: Drawings of Site Drainage Pump Station. attached. • Three (3) new Flowserve Vertical Mixer Flow Site Drainage Pump Model 11AFV-DH/23.5 degree, speed'ISOORPM . Total length—11'10" 4011P,1800RPM, 460-3-60 WPI o Packa a for each pump should include:(head, a rox 10' column and bow * (For Single Stage Unit) * Suction Bell * Flange Propeller Casing * Propelled -Keyed (heat shrunk and pinned for sizes 16" and .smaller) * Bowl Bearings * Column Pipe wlflanged connections (10" diameter% 10". discharge) %"wall thickness (3I8" on diameters and larger) * Open lineshaft w/product lobe bearings * Approx-10 foot length included * Stainless Steel shafting w/threaded couplings *Thrust Bearing in motor * Fabricated steel for discharge elbow * Plain end discharge with 1504 ANSI flange * Packed box and 30" square fab. Steel base plate (separate from head). * Suitable for hollow shaft motor * Aluminum mesh OSHA. coupling guard * Flowserv'e standard software package . * Standard enamel coating (Outside of head, column and bowls) Domestic packaging ..Constant speedapplication Any Questions please calk Jeff Lohmoelle3r @ 765-983-7464 EXHIBIT PAGE OFF PRICE REQUEST O �Ar i = OF RICHMWM . DE;PAR-M= OF SAN1T'AITON 2380 LIB=AN24M.RICHMOND, NDIANA47374 PHONE (765) 983-745WAX (765) 962 2669 THIS IS NOT AN ORDER s�•X-' �?' .'L.. i,- G.i:Y:'��-FY:ia�- '.u"�`sws?i� .ti,a:�.. _ — _- .. _-_, _ -- -- . - ., _ _....:;�s�. 1 r mr.. 3i=r!vL�.u�.:�.c`�y'�ia..,- ,.��.Y�9':�1,..:-,,,.. - a i- VENDOR INSTRUCTIONS This Is a request for a price fdr the services of materials Quality Repair described 'below. Any additional' specifications may be attached hereto. This is NOT an order and the City reserves 411 Knight Drive the right to accept all or part or decline the entire proposal. Greenwood, IN 46142 Please complete your full name and phone number below with signature; itemize all prices and charges where ATTN: Ted Simms 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. -spedfred date and timen iddred. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED. Sep#ember 7, 2011 10:00 A.M. on October 11, 2011 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for three (3) vertical site drainage pumps. 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 in a sealed envelope addressed to: Questions? Call Jeff Lohmoefier at 765-983-7464. Quote Valid Uptil It i 1 STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary District Denise .Johnson, Customer Service Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: pumps Total Quote C72 (price to include shipping/delivery) F OF FIRM-QU n, (l\�Jl �, AUTtlOR1ZE� BY SIGNATURE TTTLE Richmond Sa tary District DATE PHONE NUMBER EXHIBIT PAGE _LOFT PROPOSALSHEET Cost of each umpack-age. • . r r Two pump P g packages � Three pump packages q4 i Lead tune lto— Please include pump warranty with your quote 2 EXHIBIT6 PAGE ,0 Z Authorization to Proceed with Purchase for individual capital pjjKchases, annual cumulative capital purchases, and individual purchases for services and/or supplies and public works projects in excess of $5 000 Date: 5-27-11 Department/Division: Sanitation Requested by: Jeff Lohmoeiler Project or item (s): 3 Site Drainage Pump Replacement _ What is the estimated total cost? $45,000 Are sufficient funds available in the appropriate account to cover proposed cost? Yes If so, what account number will be used? 680.307.137.000.4413 Has common construction wage scale been set, if applicable? No _ Yes _ NIA X If applicable and "no" was marked, when will the wage scale be set? Comments: This is not in our 2011 Budget Book. We had budgeted $120,000 for Roughing Tower Rehab. At the time of budget meetings we were hoping to be able to rebuild these pumps. Will push the tower rehab back. Signa e (Dept. Head) / Date: 7111 Signature (Controller) Date: Return this approved forth to Purchasing along with specifications and any suggested vendors. A copy of the bid documents will be sent to you, which will include the date of when bids are due. E-Verify Requirements; Definitions: . E-Verify Program - An 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.Department of Homeland Security or other federal agency authoiized 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 Q is in receipt of any re uired affidavit si ed by C[tr ina-e r in accordance vOth Indiana .Code 22-5-1.7-1.1 a} 2 •and . 3. A purchase order has been issued by the Purchasing Department. ■rrrrrrrrrrrr:■rrrrrrrrrrrrr:srrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrxxrrrrrrirarrrx COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQ1MEMENTS 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 1C 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 Carty procures'a new contractor. If this Agreement is terminated imder this section, then. pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. Affidavit if EmployJment Eligibility Verification The Contractor, A affirms under the penalties of perjury that Contractor does not o ly employ an 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 Corse 22-5-1.7. Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through Indiana E-Veri, grogram. 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'veri-ifv under the penalty of perjury that the'foregoing statement is true. Dated this dayofK4TT4 20 signature) (printed name)