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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,