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Home My Public Portal About102-2023 - Action Equipment Sales - purchase of pressure washer AGREEMENT THIS AGREEMENT made and entered into this t*,., day of , 2023, by and between the City of Richmond, Indiana, a municipal corporation acting b ,, and through its Board of Sanitary Commissioners (referred to as the "( ity"), and Action Equipment Sales Co., 5801 S. Harding Street, Indianapolis, IN 46217 (hereinafter referred to as the "Contractor"). SECTION 1.., STATEMENT AND SUBJECT OF WORK City hereby agrees to retain Contractor to furnish it. with a new Hotsy Oil Fired Pressure Washer, as more particularly described on Exhibit "A" which is attached hereto and incorporated by reference herein. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall he 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 "net: 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(s) signed by Contractor in accordance with I.C. § 22-5-1.7-1 I(0(2); and. 3. A purchase order has been issued by the Purchasing .Department. SECTION II. STATUS OF CONTRACTOR Contractor shall b;. 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 HI. COMPENSATION Oty shall pay Contractor the sum of Nine Thousand Eight Hundred Sixty Dollars and 00/100 (S9,860.(*0) in consideration for the above-described equipment, inclusive of delivery and set up, with said compensation being more specifically described on the exhibit attached hereto. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and remain in full force and effect until Contractor completes the services described herein, and within the attached Exhibit. Notwithstanding the rem ni of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least thirty (30) days written notice specifying the effective date and the reasons for termination which shall include but are riot he limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; Contract No. 1.02-2023 It 1 ID a c:. e 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. 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. This Agreement rray also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) (lays written notice to the other party. In the event of termination of this Agreement, 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. SECTION V. INDEMNIFICATION AND INSURANCE C:ontractoc 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. ('overage 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 L. .Bodily Injury $1,000,000 each person $1,000,000 each occurrence P ,g Section 2. Property Damage $1,000,000 each occurrence F. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractict/Errors & Omissions Insurance $1,000,000 each occurrence $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 VIE COMPLIANCE WITH: :INDIANA E-VERIFY PROGRAM 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 (17,ontractor 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 he terminated. If the City determraes 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. 1R.AN 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 Board determines during the course of this Agreement that this certification is no longer valid, Board 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 Fills to demonstrate to the Board. that the C:ontractor has ceased investment activities in Iran within ninety (90) days after the written notice. is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5, In the event the Board 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 Board reserves the right: 3 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. .PROITIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Cock 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 o- 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 pa.-son 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 pertbrm 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 (55.00) 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 clue 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. 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 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 he binding upon .:he 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. 13y 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 he 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 tiled 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. I3.y 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, E.:ity'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 he construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring arty party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WITI,REOF, 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. [Remainder of this Page Intentionally Left 131.ank. Signatures to Follow on Page Six] 51Paqe "CONTRACTOR" Action Equipment Sales Co. By:_ (Printed): kin N4 a„,., Cop F4Z.ly Pekl: ov.„1.4 Dated: 9 C). 6 I -CITY" The City of Richmond, Indiana, by and through its Board of Sanitary Comrnissj.pners '/ Se iller, President Dated: e,<9 - /33-- Aman Bakshi, Vice President Dated: S6irr. s Member Dated: APPROVED: Sno Maya) Dated: 6 7 , 'Hotyn(0 Q^ Landa@ Hot/Cold Pressure Washers 'JR|@), HotovVB Londo@ Spray Wash Cabinets 'Fmctory Cot(l�) Floor Scrubbers & Sweepers EQUIPMENT SALES oO.. mo. -Water Maze Wash Water Recycling &^ Evaporators Action Equipment Sales[p..|rc '|ndustrim| Chemicals 8^ Detergents 5VO1S.Harding St, lwdivoonoUx.D«.4(2|7 p/7>788-9781 Fax#(317)7e8-9726 Toll Free VVV-3]]-0]68 14'yNar.23 ~ To: City ofRichmond ' � S]42 New Paris Pike Richmond, IN 47374 Phone: Cell: 765'969-1384 u- Email: 1ana,qnv Part# Price 854 Hotsy Electric, Oil fired Hot Water Pressure Washer $10.620.00 4.O GPM, 8OOO PSI, 7.5 HP, 230V/3ph/25 amp draw, belt driven Hotsypump D|ouaVkemcnne fired burner 381.000biu/hr. adjustable temperature 37' power cord with bW(t|nGFC|. machine mounted hose reel, hour meter 50'hoon.wmnd &Qun 3nd3 QC nozzles Time Delay Shutdown or Auto Start/Stop Option N/C Add hose reel $345.00 VP wand upgrade 095.00 Upgrade 5O#cf hose tu1OOftofhose $125.00 Freight $175.00 Total $11.360.00 Trade-In '$1.500.00 Total with Trade-In '$9/860.00 +opp||uabletm VVo,mnty^7 years pump, 5 years un coil, 1 year parts 8 labor remaining components, excludes wear Items ETL Safety Certified tmlJL-1770 Salesperson: Brian Ferguson Custonner/\rccptance Cell Phone 317'69S'4736 Terms: net |Owyaccount S(Qnnturc--_________, _____ -_ Date— Delivery:about 10-12 weeks E_ \ OF \ - ACo® CERTIFICATE OF LIABILITY INSURANCE DATEIMMJDOYEYYY` 06/3012023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kathy Hoyer NAME: McGowan Insurance Group Inc PHONE (317)464-5000 �Ax (317)464-5001 tic, o1c,No,Ext): AIC,N ° 355 Indiana Avenue DORESS: kathyhoyer@mcgowaninc.com Suite 200 INSURER(51 AFFORDING COVERAGE NAIC A Indianapolis IN 46204 INSURER A; Property Owners Insurance Company 32905 INSURED INSURER B: Accident Fund Insurance Company 10166 Action Equipment Sales Co.„Inc. INSURER C: 5801 S.Harding Street INSURER D' INSURER E Indianapolis IN 46217 INSURER F COVERAGES CERTIFICATE NUMBER: 2023-24 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.. NOTWITHSTANDING ANY RE'DUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSA ADDL SUBS POLICY EPP POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACl I OCCURRENCE $ 1,000,000 �,/ DkMEGE To SUITED 300 000 CLAIMS-MADE X OCCUR PREMISES(Ea accurren¢)el $ X Contractual Liability CG0001 (4/13) MED EXP(Any one person) $ 10,000 A 09313519 07/06/2023 07/06/2024 PERSONAL S ADD INJURY $ 1,000,000 GEN`L AGGREGATE.LIMIT APPLIES PERT GENERAL.AGGREGATE $ 2,000,000 PRO- 2,000,000 X POLICY JECT LOC PRODUCTS-COMP(OP AGO $ o'rrll-k Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINE.I)SINGE.LIMIT $ 1,000,000 (Ea accident) X ANY AUTO RODl6../'INJURY(Per person) $ A OWNED SC7HEDUL.ED 52-876656-00 07/06/2023 07/06/2024 BquiI v INJURY(Per acenteerl $ AUTOS ONLY AUTOS XHIRED �/ NON-OWNED PROPERTY DAMAGE AI.1TO5 ONLY X AUTOS ONLY 1 Per acckl enlf Garage Keepers Comps- $ 150,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 A EXCESS LIAB CLAIMS-MADE 52876656-03 07/02/2023 07/06/2024 AGGREGATE $ 9,000,000 DEC X RETENTION $ 10,000 WORKERS COMPENSATION X STATUTE PIE AND EMPLOYERS'LIABILITY Y/N ANY PR,OPRIFrOR/PARTNER/EXEY UTIVE' E!.L.EACH ACCIDENT $ 1,000,000 B oFFICE:R/ME-.MHE)R EXCLUDED? IN N/A 100034621 07/06/2023 07/06/2024 (Mandatory In NH) ILL.DISEASE-EA EMPLOYEE $ 1'000'000 II'yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS ScOw Ei.,L.DISEASE-POI ICY I IMIT $ Limit $500,000 Crime/Employee Theft 09313519 07/06/2023 07/06/2024 Blkt Bldg&Contents $3:791,373 A Property/Special,RepE.Co. Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) The following applies when required by written agreement:General Liability Additional Insured on a Primary&Non-Contributory basis per form 55373(5/17) and Waiver of Subrogation per form 55091 f5/17);Auto Liability Additional Insured per form 58504(01/15)&Waiver of Subrogation per form 58583(01/15); Workers Compensation Waiver of Subrogation per form WC000313(04/84),except where prohibited by Law including the State of Kentucky,Umbrella Policy is excess of General Liability,Auto Liability and Employers Liability. Umbrella Additional Insured is follow form to General Liability and Auto Liability; Waiver of Subrogation per form 66159. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Richmond ACCORDANCE WITH THE POLICY PROVISIONS, Richmond Sanitary District 2380 Liberty Ave AUTHORIZED REPRESENTATIVE Richmond IN 47374 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD