HomeMy Public PortalAbout156-2011 - Sanitary - Quality Repair Service, IncPURCHASE AGREEMENT0 PY
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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
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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
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= 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,..:-,,,..
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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. • .
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Two pump P g packages
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Three pump packages q4 i
Lead tune
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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)