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Home My Public Portal About150-2012 - Sanitary - B.L. AndersonORIGINAL AGREEMENT THIS AGREEMENT made and entered into this —f, day of l ee - l , 2012 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 BL Anderson Company, Inc., 4801 Tazer Drive, Lafayette, Indiana 47905 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide two (2) new DeZurik 14- inch plug valves with two (2) Rotork electric motor actuators, delivered, as specified. A Request for Quotes dated October 15, 2012 has been made available for inspection by Contractor, and is on file in the offices of the Department of Sanitation for the City of Richmond, is incorporated by reference, and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Quotes is attached hereto as Exhibit "A", which Exhibit is dated October 22, 2012, consisting of four (4) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all equipment and warranties listed on Exhibit "A." Contractor shall not modify or alter any standard warranty from the manufacturer of the above described equipment. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide City with copies of its warranty upon receiving a written or verbal request to receive such warranty. 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 performance of services shall commence until the following has been met: 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 signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION II. 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. Contract No. 1:50 -2012 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Thirty Thousand Six Hundred Dollars and Zero Cents ($30,600.00) for complete and satisfactory performance of the work required hereunder. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until 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 and proper manner its obligations under 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 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. 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 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. Page 2 of 6 Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $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 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 VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS 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 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 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 City procures a new contractor. If this Agreement is terminated under this section, then Page 3 of 6 pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 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 activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any 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. 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 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 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. Page 4 of 6 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 for negligence 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. 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 fling 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 Iiable 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 fled. 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. Page 5 of 6 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. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners -ter.- - 1 i 11i0ir, 15resident Date: — 3 (�2 APPROVEL(�� Sarah L. Hutton, Mayor Date: IA % "CONTRACTOR" BL ANDERSON COMPANY, INC. By: / Printed:(Thomas L Siple } Title: Vice President — Valve Sales Date: December 13, 2012 MATERIAL SUPPLIER ONLY Page 6 of 6 PRICE REQUEST CM Or, MCIMOND DERWD&Mf OF SMTAflON 138Q0BFA7vAvLNU9- LAMA47314 THIS, IS NOTANI ORDER PHWE (76-5) 983-7450 0== VENDOR INSTRUCTIONS This: is :a. request f6r a prjce for the services of materials described. below. Any additional sppciflearions May. be BL Anderson attached hereto:. This is NOT. an o0eiand the Pfly:fese . jves the fight to accept -all or pad, or: declinethe entfW propos.aL 4801. Taxer Drive Please complete your full hame, and: phorfe' number, below' with signature;- itemize all prices and charges where Lafayette, IN 47905 requested; and attach any explanation for any oubstitut[on to specifiwtions altered, 'Return in a.sealed eiftila . pe, in. care of Richmond San1fary PlOrict Board of CatrimisstQners to, . ATTN' Tom siple the administration building at the address above by the specified date and time to:be considered. bATE.. REPLY MUST BE IN BY- PAYMENT TERMS. DELIVERY REQUIRED - October 15, 2012 1.0= A.M. on'Oct6bet 23 W12 UPON RECEIPTOF INVOICE DEIJVERED DESCRIPTION This is a request for quotes for twaVl Rotork Electric Motor Actuator and two.(2)14-(nch DeZerik, Plug Volves, lease -include all warranty inforMaiti,on with quote. Indl9fia Local .Preference :Claims Will apply to this quote.,. irifOrmation endlosed, Return the qubto in: a sealed. onvelppe addre$sedto: Kich.mood S1ft4Ary,D1strJrt 00nis.e.Johnson, 23110 Liberty AireOue Richmond, IN 47374 Re. AdUatorsan'd-Valveg. Gubte par Valve $ Pricefor-two (2) Valves-$-3-0-j 6 Quote per Actuator $ XeveiJ*ov Price for tWO fZ -A0'WatOrs $- QttofE 3,1 -Z-,0L, t..7 Ptease inialude. prop . b Qttestir3ns pfease:calf Jeff Lohmoefler at 765"0534464 t7f3t-988'4-462i or Mike Clark a -STATE TAX EXEMPTIO'N 9-6.03i-2406-061 f FA NAME OF. G. FIRMQUOTIN, "lo 13: t, 44�4sp" Q Amy Xoc- So- ti, A TO i�E() a s WATURE U vp - vobe, S46; IMP DATE `1556 tsl I EXHIBIT /L PAGE -J—OF-q—1 REQUEST FOR QUOTES The Richmond Sanitary District,"rill be requesting quotes for the replacement of a two (2) Rotork Electric Motor Actuator and two (2) 14 — inch DeZerik plug Valves. The information that we are supplying was taken off of the present valve that we need replaced. If you have any questions call Mike Clark @ 765-983-7452 or Jeff Lohmoeller @ 765-983-7464. Dezurik 14" plug valve with actuator. Face to face is 22.5" 12 bolt pattern Part # 9116857 Work order 786524-05 Size 14 Figure I I8 AC1 Plug face RS17 Body. Cl CWP 150 Plug CI Seat N Max temp 180 Shaft is 7/8" by 4.75. New Dezurik 14" Plug Valve Each - $ 115,30o Total $ 301.6 0e r A- Rotork Model 1 Q20FA14A electric motor actuator, Nema 6 WT water tight enclosure 480/3160 power supply 21 RPM, WD wiring diagram #3010-100 Installation for positioning service at 60 starts per hour Manual Land wheel override FOR USE ON ABOVE DeZurik Gearbox and S/N 9116857 Rotork Electric Actuator Each - Quote Valid Till I �L1 31 I a'°t z $ Total $ T n! c-i"' cQ 46" t"e EXHIBIT PAGE a OF Email Tfansmittal OctobtrI-2, 2012 Company, Rtohinoud'WWTP -Attn:: Denise Joluison / Jeff Lohmoeller Froill: TOM 9.1ple Subject: Valve Quotation — Richmond, IN Sanitary District Reference: Actuators and Valves - MZVOIK Serial # 9116,851 Quotatian No.: 102212-20 TLS Dear Denise / Jeff- W . DeZURjK-/kotork Valve and Boot i Actuator tationiper e are pleased to offer the folloMing rt.qAptu..�. r quo. scour req Uest: Itein Qty Si=, EAd Description Unk-cost —Tdtaf 1 .2, F KD6ZURI K Style P0'- eccentric plug valvp-.(14.50- 100% $15,300'= $30,.600.00 port area), Nnged en.ds - . 12 bolt pattern, cost iron bodyand plugs RSI? Mthloroptene,p)LIR Win& 150 CW.PWorking prasure, Face -tea -face dirnension = 22.5"% complete: %Yith% Rotork Model woPA j 4A oectric motor actuator,, Noma 6, Wxyatortightenclosunlre..4r 0013f60'gowrer. supply,21 RPM; WO.Avitilfg qjagra 0:10400, installati n4or pgsitioning lor-hqqrj roap.oal haodw1wel -owrtido. Pei 11 kl' K Order Code= FRdTork'4Q2OFA14A, 1Ono p.OZURIK Factory Service. Start=Up kn '.Training - Oho .T1101,400.0o . Pity. - IF REQU I RED. NOTE; If. Us quotAtfon:should. become jazz order, p-ease :make your Purchase Order direct to DeZURIK c/6 BL Andergon Cbihpany and f6rward to our -office , for: processing: Th-18Q,06(ki0ii Wild flebtt h bocwnbOr 31,1012. 14 to 10 well*Af(er moeip.J- ofordor., .Freiglit;. Prepaid and Allowed toJabsi. in Rielhmond, 1�- . If ybu have any questions I or rephre'.an, y, addifibn4l assistance, "please coii(461 ftic in our office. T . h6ftk you for The 0MOMIrdtY to quote on' 'begat ds, P Too., lsiplbb I halve Swd§,Enginedr 4801 Tazor.Drive- .. I., I I L' .. , - ka",110-JA .7,905 Guarantee Products. ouxillarlesand parts thereof of DeZURIK Inc. manufacture are warranted to.the; 6rjpjhaj purchaser fora period of twenty-four (24) months (roardate of Wry, prnent from facto, against ,defective 'Nvorkmanship,�3nd only If properly lmtalted. operated and serviced In accordance with QeZURK Inc. recminendal lom., Repair of replacement . a.it�0 I ur, ppt;on, for items of DaZU RIKln6. h-ianwadWe will be made free of obarge. (FOB) oor facility vAthlemoval. transportation and kistallelion.atypur cost. if proved to. be-defedlive within such time, Equipment or pa�5$ manufactured. by Ethers but IL- lm'khe6 by DOZUkk Inc. Wit be reoaliedbr replaced, 'bul. only to the extort provided inzod. honored. by Ifyp:orlgipal manufacturers warranty iob6ZUR.1K,.1nc- in each bate,'Sub&t (6 1he'llimit6ticins contained therein. Wolaim for Aransportati6n, labor, or special or.consequential damages or.,an.y other loss, Q0$( or da rn-'Ja ge, shall be'%allcimcl. You shall be solely responsible fbT determ[Ong-suitability,for use. and in no event shall DeZUkIK, Inc. tie. Liable in this respect. DOZURIK, tno, does not guarantee resistance to corroslon. erosion, abrasion of othersourcel of failure, nor do..$ D� R K, It nl You W wmt6ri'liotic'a t6 us of any alleged defect-rinder this warranty ne ua'4nee a mi n`um 'ength Of service m"' "n �Oy$ of its d $�Ve�' or attamols by som I r re A prooud )r part$ for eorie other :than DeZt3F2IK, fnc. or its authorized representatives to rereedy the alleged a e ecs een 0 Il veto tur 11 1 d clef t �th r I ' ' products mo pads 'wodin to instructions �MlSbeo by ant , �r" ft Other ot 0 r falj�' DeZURIK, Inc., ar ,rrlf$USe n1odiflcation, abuse of afteraiioii of such product; a d cod or A of God. 8 to pay e The foregoing guarantee shall be null and void if, I f, after shipment from our factory, the itjBmis modified in any way or,a component of angther. manufacturer, such as but limited to, an,acttlalor is attached to the hembybayone other. lhan DeZURIK Inc. Factory Service personnel. All orders . O . ocepl[60'04 be de6mdd accepted subject iio this limited w6rianty,,which shall "tie exclusive of any other, or previous Warranty., and this shalt. b . e . the , . only guarp ective 'nje6 or warranty binding on OeZURIK, Inc.. despite anything to:lhe; contrary, contained in the . . .. .. . wc 6i.- notwithstanding, Including but notlimiled to Implied warranties, THE FOkeGOWO REPAIR AN6 REPLACEWENT OBLIGATION . S ARE INIIEWOF ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILIT I itS INCLUDING ALL WARRA W. 1:IES . OF FITNESS FOR A PARTICULAR PURPOSE OR OF MI1301rfANTABILITY OR OTIiERW . SE I , EXkPRESSED OR 'IMPLIED: N. FACTOR IBYLAW, AND, STATE btibRIK, NC�'S ENTIRE AND D EXCLUSIVE LIABILITY: AND: YOUR 84CLUSIVe REMEDY FOR ANY CLAIM" CONNECTION VMTH. TH - E SALE AND FURNISHING 00-,SERVIPES, GOODS. OR PARTS. THEIR DESIGNi SUJTABILITY FOR USE, INSTALLATION OR60E'R'ATION'S', Limitation of liobtlity �r I-WITATION OF LIABILITY. IN No EvtNf. SHALL buOmk, INC. BE LIABLE fQR ANY DIRECT, INDIRECT, SPECIAL OR CONSEOUENTiAL DAMAGE&WHATSOEVEJR, AN D IJEZURIK INC.'s LIX8'1UT'Y,. UNDER. kO.C]RdQMSTAI`4015�� WILL ExdEEf) THE CONTRAOT"PRICE FOR THE :GOODSAND/OR,,StERVfGEt:f�OR, W.J4'IC4+LfA8bTYjS�C".I , MED. ANY, ACTION SY'YOU FOR :BREACH OF CONTRA07,MUSTIBE COMMENCED WITHIN 12 MONTHSAFTERTHE OATEW SALE. Salet and service locations. approvals, cert!Ocar6rfs:and-local'toprosentalivL-- &Malt. WILA-M TE 260.1worside Ave N- gatlell MN 5077 "Pllarle 32t1 "1 q4000* Fax 3 59,422-1 jP661pd)p q.SA� Only EXHIBIT -A- PAGE 4 OF i