HomeMy Public PortalAbout207-2023 - S&K Equipment Co. - rebuild backwash motor AGREEMENT
2-o
THIS AGREEMENT made and entered into this 2 day of JOntitetrj 2.02-3, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Sanitary Commissioners (referred to as the "City"), and S&K Equipment Company, PO Box
342, 1243 Bayou St-eet, Vincennes, IN 47591 (hereinafter referred to as the "Contractor").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to rebuild a backwash motor for the City of Richmond Sanitary
District.
A Request for Quotes has been made available for inspection by Contractor, is on file in the
office of the Depart ient of Sanitation for the City of Richmond.
The response of Contractor to said Request for Quotes is attached hereto and incorporated by
reference herein as Exhibit "A", which has been accepted and Contractor shall comply with all
the scope of work set forth therein, which work shall be performed within a commercially
reasonably tirnefrarre.
Should any provisions, terms, or conditions contained in any of the documents attached hereto
and incorporated b reference herein as Exhibits, 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 performance of services shall commence until the following has been met:
1. The City is .n receipt of any required certificates of insurance and/or warranties;
2. The City is 11 receipt of any required affidavit(s) signed by Contractor in accordance with
I.C. § 22-5-1.7-11(02); and
3. A purchase order has been issued by the Purchasing Department,
SECTION H. STATUS OF CONTRACTOR
Contractor shall be deemed to he 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 the sum of Fifteen Thousand Two Hundred Fourteen Dollars and 00/100
($15,214.00) for the total project cost.
SECTION IV. TERM OF AGR.EEMNT
This Agreement shall become effective when signed by all of the parties hereto and shall remain
in effect until Contractor completes the Statement and Subject of Work described herein.
Contract No. 207-2023
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 thirty (30) days written notice specifying the
effective date and the reasons for termination which shall include but are 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
professicnal 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,
'[his Agreement .may also be terminated by either the City or the Contractor, without cause, by
giving at least thirty (30) days 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 hereill.
This Agreement may also he 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-m*11re 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 .f..".riforxment of the lederal government, the State of Indiana, or local government.
SECTION V. INDEMNIFICKIJON AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the (.""hty for any damage or injury to
person or property or any other claims which may arise from the C:ontractor'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 :.frorn 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 (..."ontractor may.
be held responsible.
Coverage Limits
A. Worker's Compensation & Statutory
2
Disability Requirements
B. Employer's Liability $1.00,000
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
ft 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
$1,000,000 aggregate
F. MalpractieeiErrors & 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 corarnencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial hoard 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'VB. 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 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) clays within which
to respond to the written notice. In the event Contractor fails to demonstrate to the Board
that the Contract...47 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 5-2246.5, the Board 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 VIII, PROHIBITION AGAINST DISCRIMINATION
3 e
& Pursuant 1u Indiana Code22'9'l lO, Contractor, any auh'couonckr. o« any person acting
on behalf of'C',ontractor or any sub-contractor shall not discriniinate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, tc/rua, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color-, sex,
disability, national origin, uranocstry.
B. Pursuant io Indiana C*dc 5'l6'6'l, the Contractor agrees:
l. Thai in the bddog of cnploycca for the performance of work under- this
/\gnecmco\ of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on bobn]f of Contractor or any Sub-contractor, abu)| not
diyodrnioaic by rcuoou of race, religion, color, sex, oahooul origin or ouueatr9
ugaboa1 any citizen of the State of Indiana who is qualified and available to
perf,bnn the work to which the employment relates;
2. Thai Contractor, ooyouh'con1raxi*r, or any person action oo behalf ofContractor
or any aub'c*nouuiwrshaU in no manner discriminate against orintimidate any
employee hired for the performance of'work under this Agreement on account Of
race, religion, color, sex, national origin orancestry;
3. That dbcrc may be deducted from the amount payable to Contractor by the City
undcc this /\grecnucoi, upcnuliy of' five dollars �$5.00) for each person for each
cu|ondur day during which such person was diauriouiou(cd against or intimidated
iu violation of the provisions of the Agreement; and
4� Tbm( this Agreement may be canceled or terminated hythe City and all money
due ortubecome due hereunder may hc Ibdeited, for u second nrany uuhaeqoco|
violmtiunn[the terms oruoodid000u[this section oƒthe Agreement.
C. \/io|udoo of the iemue or conditions of this &grocnncnt relating to dimcdroioodoo or
intimidation shall ho considered e material breach o[this/\grecnieo1.
SECTION IX. RG[EEA8£ OFLIABILITY
Contractor hereby ugrccm to zc|cxoc and hold hunnleea the City and all officers, employees, or
agents u[the same bmou all liability which may arise in the course ofCon tractor's performance of
its obligations pormomzt to this/\&roorouoL
SECTION X. K8IS[BLLANEOUS
This /\ercorncru in pumoou| to the parties hereto and neither party may assign or du|ugu1c any of
its rights orob|igntiona hereunder without the prior written conauoiof\bc other party. Any such
delegation or umaigucncoi. vvidhoo| the prior v/dVeo consent of the other party, mhuU be un|l and
void. This /\8rconeot abnD be controlled by and interpreted according to Todiuou law and obaO
bc binding upon d6epunica, their Successors and assigns. This document constitutes the entire
Agreement between the purtica, although it may be ukorod or amended in whole or ln part, ui any
time by filing with die Agreement awritten instrument setting forth Such changes signed by both
parties. By cxcou1iog this Agzcooneu/ the parties agree that this dnou/non\ aupernedos any
previous dimuuudoo' negotiation, or conversation rc|ohug to the au6ioui matter contained bcrcin.
This Agreement may be oinuul\oocuooly executed in several counterparts, each ofv/bich shall hu
an original and all wf 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 he 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. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond. Indiana, as of
the day and year first written above, although signatures may he affixed on different dates.
[THE 'REMAINDER OF THIS PAGE INTENTIONALLY LEFT I3LANK SIGNATURES TO
"Cf "CON1'RACTOR"
The City of Richmond, Indiana, by and S&K Equipment
through its Board of Sanitary 1)() Box 342
Commissioners 1243 Bayou Street
Vit.&flues, IN 47591
141'
4StMiller, President
Dated:
(Printed): 'es./
)
Amanlit;kshi, Vice President Title:
Dated:
Dated: 04-
Cireg Steins, Member
Dated:
AI)PROVED:
David- . Snow,
Dated:
6
S & K Equipment Company, Inc. Invoice
lc P.O. Box 342
\ 1243 Bayou Street Date Invoice#
Vincennes, IN 47591 7/21/2023 9807
Ph: 812-886-0245 1'x; 812-886-1211
Bill To Ship To
Richmond, City of Richmond, City of
2380 Liberty Ave. 2380 Liberty Ave.
Richmond, IN 47374 Richmond, IN 47374
P.Q. Number Terms Sales Rep Ship Date Shipping Method Due Date Job No.
23-17093 N12,1 30 1.)ays 'FAS 7/21/2023 Delivered 8/20/2023 SO 00-23
Quantity Item# Description Price Each Amount
I Misc. Item Repair of GE 5KS449A1,600, SN GT31 I C58 Repair to include labor 15,214,00 15,214.00
and delivery of;
Wo-k Scope:
-.C'oinpletely dismantled at our shop
-Inspected motor for damage and repair
stator
-Mochine shaft and endhell
-Ordered and installed new bearings
-Ba ance
-Pick up/Delivered pump to Richmond
As a Valued Customer„ We Appreciate Your Business Subtotal S15,214.00
This Order Is Complete
Sales Tax (7.0%) SO Ott
Payments 5000
Balance Due $15,214.00
The terms of your account are listed khove with 1.5°A) interest added to past due accounts,plus any cost and legal expenses that may he incurred
from the collection of past due accouats. litis may include reasonable attorney's fee and/or collection fees. S& K Equiprnent standard terms and
conditions apply. A copy of our complete tel &conditions are available uptm request,