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HomeMy Public PortalAbout086-2016 - Airport - Evapar - Lifeline Medavic Generac Generator MaintenanceAGREEMENT THIS AGREEMENT made and entered into this 1; day of A o y U S t , 2016, and referred to as Contract No. 86-2016, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Aviation Commissioners (hereinafter referred to as the "City") and Evapar, Inc., 9000 N. Kentucky Avenue, Evansville, Indiana, 47725 (hereinafter referred to as the "Contractor"). SECTION L STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor for the preventive maintenance of the Lifeline Medivac Generac Generator (Model No. QT0252ANSNA) located at the Lifeline hangar at the Richmond Municipal Airport. A Request for Quotes requested in May of 2016, has been made available for inspection, is on file in the offices of the Richmond Municipal Airport and the Office of the Director of Purchasing and is hereby 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 response is dated May 2, 2016, consisting of three (3) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all services listed on Exhibit "A." 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 fof and incidental to the proper completion of this Purchase Agreement. 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 completion of this Purchase Agreement. SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Eight Hundred Fifty-eight Dollars and Zero Cents ($858.00) for satisfactory performance of this Agreement. Contract No. 86-2016 Page 1 of 5 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until August 31, 2017. 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, 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. 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. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability Page 2 of 5 $100,000 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $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 $2,000,000 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 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 Page 3 of 5 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. 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 Page 4 of 5 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. 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 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 Aviation Commissioners By: 1 Dave Stevens, President Date: �tz 2 o / 6 Appi Date: b Z _ I "CONTRACTOR" EVAPAR, INC. 9000 N. Kentucky Avenue Evansville, IN 47725 r By:`rL / MIMS"", IWZI/211011� Date:Fs -a� '" / 1(121 Page 5 of 5 r- "': , THE POWER PEOPLE ESTABLISHEO 1912 May 2" d, 2016 IU Health Lifeline Attn: Rodney Mayse 5109 St. Rd. 227 South Richmond, IN 47374 765-983-7296 rmayse(aD-richmondindiana.gov Reference: Generator Planned Maintenance Agreement Officiat Backup Power Provider of the Indianapolis Colts Please find the enclosed information regarding Preventative Maintenance Agreement for your generator(s). Evapar understands how critical downtime can be in your time of need. Scheduled inspections, regular maintenance, and load bank testing can help ensure proper operation at the time when you need your generator most. Since 1912 Evapar has been dedicated to supporting our generator customers in the Indiana, Kentucky, and Illinois area, with experienced factory trained and certified technicians, a full parts department, rental generators, and knowledgeable support staff. Emergencies cannot be predicted, but a fast response plan is a critical part of our responsibility to you. Thanks in part to our extensive experience with Fife/safety and mission critical applications, we've developed a strategy for responding quickly to emergency situations. Our service department is on call 24 hours a day,7 days a week should you need service. Our pre- pay Preventative Maintenance customers receive a special 10% discount on labor, should you have additional repairs on your generators covered in this agreement. I appreciate the opportunity to quote your Preventative Maintenance Agreement. Please review the agreement and return a signed copy to me, if you would like to proceed. You may reply by mail, fax, or email. If you have any questions or need additional information, please do not hesitate to contact me. Respectfully, ��r cf1eare,*s EVAPAR Aftermarket Support Representative 317-771-0697 (Cellular) 317-783-5434 (Office) 317-783-5870 (Fax) JSiemers(cD-Evapar.com PREVENTATIVE MAINTENANCE SCOPE OF WORK This Preventative Maintenance Agreement is entered into by EVAPAR and the owner to perform preventative maintenance service on the equipment fisted on this agreement. Work to be scheduled and performed during regular business hours. This scope of work to be performed includes labor, parts, travel time, and mileage for the euqipment listed on this agreement. Any additional work recommeded or required will be brought to owner's attention, upon approval additional work will be performed for agreed upon charge. Enaine • Inspect air finer clean/replace as needed • Adjust, clean and/or replace all spark plugs • Check condition/ tension of belts (adjust as needed) • Check/clean ignition system,disbibutor,coils,wires (if applicable) • Check fuel lines for leaks / damage • Check flexible fuel line connections • Lubricate governor and linkage • Inspect hoses, damps for any air intake restrictions Oil System • Change oil (annually) • Change oil filters (annually) • Oil Sample (optional) • Inspect for leaks Coolina System • Check radiator coolant level • Test/ record anti freeze temperature • Test / record anti -freeze nitrites • Check for leaks • Check all hoses • Check operation of engine block heater Bafte • Inspect / clean terminal on cables • Clean and grease battery post/ cable • Check battery fluid level • Check/ record battery voltd/ amps • Check / record charger volts/ amps • Check/ record alternator volts/ amps • Load test or perform specfic gravity test Startina System • Check start solenoid terminals • Check starter connections Electrical • Inspect control panel: Check gauges, meters and indicator lights • Visually inspect electrical connections • Inspect main line circuit breaker • Check generator output voltage • Visually inspect generator and exciter windings Fuel System • Change fuel filter(s) annually • Check for fuel leaks • Clean/ inspect fuel bowl or water separator (if applicable) • Check injection pump lines • Check nozzle supply and return lines and fittings • Check day tank operation and record level • Check fuel transfer pump • Check fuel solenoid • Check fuel pressure regulator • Inspect fuel tank and rupture basin for leaks Exhaust System • Visually inspect for leaks / damage • Visually inspect flexible exhaust • Drain condensation trap OlaeraUrm Check • Run and inspect for proper. oil pressure, coolant/ oil temperature, alternator charger rate, generator voltage and frequency • Record all gauge and meter readings • Check for leaks and excessive vibration • Test all safety shutdown devices • Check operation of louvers (if applicable) Automatic Transfer Switch • Inspect ATS & enclosure for corrosion, moisture • Inspect controls and calibrate as needed • Exercise clock -check and verify operation • Record normal and emergency frequency/voltage at ATS connection • Perform power failure or building load test (with approval), check/ record amperage/voltage on each leg • Check transfer switch contacts for voltage drop(normal and emergency) • Retrun all switches into proper operating mode Reiports and Instruction • Submit inspection/ test report to owner, with any recommendations of future work/ parts required • Instruct owner personnel in operating or upkeep procedure i "XHIBIT P PAGE I OF 3 PREVENTATIVE MAINTENANCE AGREEMENT EVAPAR, will perform two (2) visits annually. One (1) Inspection with and one (1) Full Service, at six (6) month intervals. Work to be scheduled and performed during regular business hours. Any change in service request would require a new quote. The charge for this maintenance will be as listed below and remain in effect for one year from date of signing. Annual Rate Pavable in Advance Make Model No. Generac QT02524ANSNA Serial No. Location Quote 8813820 Richmond $858.00 This agreement does not include expenses to repair damage caused by abuse, accident, theft, acts of a third person, forces of nature, or altering the equipment. EVAPAR, shall not be responsible for failure to render the service for causes beyond its control, including strikes and labor disputes. This agreement is not assignable without the consent of EVAPAR, and will remain in force until cancelled by either party through written notice to the other. CUSTOMER EVAPAR EXHIBIT PAGE OF J; r �eia,� Signature Signatue Print Date May 2" d, 2016 Title Quote Expires O►►e (1) Year from this date Company Phone # Date 9000 N Kentucky Ave. It 120 Plantside Drive 3451 Developers Road Evansville, IN 47725 Louisville, KY 40299 Indianapolis, IN 46227 Phone:812-867-9900 Phone: 502-267-6315 Phone: 317-783-5434 Fax: 812-867-2388 Fax: 502-267-6206 Fax: 317-783-5870 EXHIBIT _:E PAGE OP � 3810 Concept Court Ft. Wayne, IN 46808 Phone: 260-497-7406 Fax: 260497-7483