HomeMy Public PortalAbout222-2023 - Parks - Spear Corporation - Installing new Sand Filters AGREEMENT
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THIS PURCHASE AGREEMENT made and entered into this day of
2023, by and between the City of Richmond, Indiana, a municipal corporation acting by and
through its Board of Parks and Recreation (hereinafter referred to as the "City") and Spear
Corporation, 12966 N County Road 50 W, Roachdale, Indiana, 46172 (hereinafter referred to as
the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish and install a new sand filter and associated materials and
fixtures for the splash pad located at Glen Miller for the City of Richmond Parks Department.
Contractor's Proposal to the City of Richmond Parks Department(sought under special purchasing
methods in accordance with IC 5-22-10)dated December 1.I,2023, is attached hereto as"Exhibit
A", which Exhibit consists of one (1) page and is hereby incorporated by reference and made a
part of this Agreement.
The Contractor shall furnish all labor material, equipment, and services necessary for and
incidental to the proper completion of this Purchase Agreement.
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.
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
2. A purchase order has been issued by the Purchasing Department.
SECTION IL STA[US 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
completion of this Purchase Agreement.
Contract No. 222-2023
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SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed Three Thousand Three Hundred Twenty-nine
Dollars and Eighteen Cents ($3,329.18) for satisfactory performance of this Agreement.
SECTION IV.TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
satisfactory delivery and installation pursuant to 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 uNider 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.
Page 2 of 6
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 iii
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 co ly 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
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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:
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 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 he 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 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
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activities in Iran within ninety (90)days after the written notice is given to the Contractor,the City
may proceed with y 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. 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 X. 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.
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.
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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 WIIEREOF,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 RICI1MOND, SPEAR CORPORATION
INDIANA by and through its 12966 N County Road 50 W
Board of Parks and Recreation Roachdale, IN 46172
By O By 1;
Brian Spe00 '
: "
DMtz, Parks Superintendent„
Date: v ') By:
jor
APPROVED: f 4b.
_ _ Title: President
. Sno f,07. a or
Date: 023 Date: 1/2/2024
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CORPORATION Date 12/11/2023
12966 N County Road 50 W Account# RIC008
.,_
Roachdale,IN 46172 Quote it 218225
765-522-1126 Valid Through 12/31/2023
orders@spearcorp.eom PO Required No
Bill To Ship To
Richmond Park Department Glenn Miller Spray Park
50 N.5Th St. 2200.1.::',„Main Street.
Richmond,IN 47374 Richmond,IN 47374
Reference Customer PO# Terms Ship Via Salesperson
Net 20 Service RB
Item Description Qty Price Extended
Morgan Clevenger Morgan Clevenger 0.00 0.00
E:MC iCvenger@,richniondindiana.gov
0:765-580-0728
M:
F:
Notes New liter for Spray Park 0.00 0.00
Custom Jandy SFSM60 1 1,051.38 1,451.38
Custom BWVL-MPV-75—2"Jandy Side Mount Multi-port 1 266.18 266.18
Valve
10005 AFM Activated Filter Media 5511 Grade#1 4 65.27 261.08
10006 AFM Activated Filter Media 55#Grade 112 1 65.27 65.27
10003 AFM Activated Filter Media 554 Grade#3 1 65.27 65.27
INSTALLATION MAT... Installation Materials 1 275.00 275.00
LABOR Labor 8 125.00 1,000.00
ZONE 4 Trip Charge:Zone 4 1 345.00 345.00
. .
Electrical is Excluded
Wc continue to monitor Coronavirus(Covid-19)developments closely,our goal is the Sales'fax 1;0.00
health and well-being of our custoners and employees alike.Lead times have increased
on most consumables across the country.As always,we will do our best to ship orders
out to you in a timely manner. Total $3,329.18
Thank you for choosing Spear Corporation.
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