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HomeMy Public PortalAbout046-2018 - Airport - Perseponko Painting - Painting HangarsAGREEMENT TM THIS AGREEMENT made and entered into this / day of /404 W , 2018, and referred to as Contract No. 46-2018 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 Perseponko Painting, 3559 Boston Township Line Road, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the painting of two (2) T- Hangars and one (1) Corporate Hangar for the Richmond Municipal Airport (the "Project") in accordance with the Bid Specifications further described below. Bid Specifications dated February 9, 2018, have been made available for inspection by Contractor, are on file in the office of the Director of Purchasing for the City of Richmond, and are 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 Responses dated February 21, 2018, is attached hereto as Exhibit A, which Exhibit consists of three (3) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. 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 which are incidental to 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. 46-2018 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Twenty Thousand Two Hundred Twenty Dollars and Zero Cents ($20,220.00) 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 satisfactory completion of the Project, which completion is expected to be on or before June 30, 2018, with work to commence during the first week of June, 2018 (estimated four (4) week completion time). A penalty will be assessed and deducted from Contractor's retainage in the event services are still being performed by Contractor under this Agreement in the amount of Two Hundred Dollars ($200.00) per day for each day past the date for completion as set forth above. 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 Page 2 of 6 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 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 $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 Page 3 of 6 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 IX. 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 X. 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; Page 4 of 6 2. That Contractor, any sub -contractor, or any person acting 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. Both City and Contractor agree to comply with all applicable Americans with Disability Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements. D. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION XI. 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 XII. 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. Page 5 of 6 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: /-:2.., - Dave Stevens, President Date: �V/ G Z 02 0 /" ,1 APPROVED: David M. Sn I or L Date: 3 (� "CONTRACTOR" PERSEPONKO PAINTING 3559 Boston Township Line Road Richmond, IN 47374 Printed:V\�LJA'.-Q._\ Title: (�--) UL9 U—Q- T' Date: l :Z /l6 Page 6 of 6 DATE February 9, 2018 QUANTITY CITY OF RICHMOND 50 North Fifth Street Richmond, Indiana 47374 7 PRICE REQUEST ( Vol 983-7200 THIS IS NOT AN ORDER VENDOR INSTRUCTIONS Y MUST BE IN This is a request for a price or quote for the services or materials described below. Any additional specifications may be attached hereto. This is not an order and the City reserves the right to accept all or Part, or decline the entire proposal. Please complete your fidl name, address, and phone number below with signature; itemize all prices and charges where requested; and attach explanation for any substitution to specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. DESCRIPTION Hangar Painting Richmond Municipal Airport (see attached) Please include a current certificate of in- surance, naming the City of Richmond as the certificate holder, with your bid. Bids must be presented in a sealed envelope with the project name on the outside of the envelope. PRICE REQUEST BY VI IU ROBINSON PURCHASING DIRECTOR * Bids are to be mailed or brought to the Purchasing Department in the Richmond Municipal Building at 50 North Sth Street. State Tax Exemption No. 003121909-001 UNIT PRICE I TOTAL NAME OF FIRM QUOTING I 5EPQAMA /-AW-1- BY�/` AUTfiORMW BY DATE �- A / -- / g TrME Phone No. / 765�— 9G 6—se' A4 EXHIBIT R PAGE _I —OF 3 _ RICHMOND MUNICIPAL AIRPORT HANGAR PAINTING BID REQUEST 1/29/2018 SCOPE OF WORK: Contractor shall furnish all material and labor to paint (2) T-Hangars and (1) Corporate Hangar at the Richmond Municipal Airport. Specifications: 1. Treat corrugated metal with degreaser and power wash. Scrape, sand, prime exterior metal with (1) coat of Sherwin Williams Pro-Cryl. Apply (2) coats of DTM Gloss Finish. Color to match existing hangars. (See Attached Spec. Sheets) 2. Work shall begin the first week in June. Contractor has (4) weeks to complete project. Rain days excluded. A $200/day penalty will be assessed for each day past the specified time period. 3. Contractor shall take precautions when painting if aircraft are in vicinity so overspray does not hit aircraft. Contractor is responsible for all damages to aircraft due to overspray. 4. Contractor shall provide a certificate of insurance per City of Richmond Purchasing requirements with bid. 5. Contact Greg Stiens, Director of Public Works and Engineering, if you have questions. (765) 983-7394 BID................................................. D o1 � O : 4 6� LUMP SUM � S�P0A0,60 1 A1A(rl t/U tZ.0 Contractor Name 559 �3l�/yN Tou,vg.Q ,A/,ddress 1 /GNrn N' . —f 4-7& 7 Signature ate EXHIBIT - - PAGE - 3 _ Perseponko Painting L.L.C. , 35ffBoston Township Line Road Richmond,,IN 47374 Purchaser/Address CITY OF RICHMOND ATTN: GREG STEINS 50 North Fifth Street Richmond, In 47374 Proposal illichael Perseponko Owner/Operater Email : Perseponkopaintitr a maii.com Phone. (765)966-8024 Date Estimate r;! 211912018 CityoRichAH Customer Phone Customer Fax 1-765-983-7200 Customer E-mail tbrown@richmondindiana... I/We the owners of the premises described above authorize Perseponko Painting L.L.C. to furnish all Material and Labor Necessary to paint or improve the premises in a good workmanlike and substantial manor according to the following terms specifications and provisions. Description Amount: Project Location: Richmond Municipal Airport Treat corrugated metal with degreaser (greased lightning), power wash, scrape,sand, prime exterior metal with (1) coat of Sherwin Williams Pro-Cryl, apply (2) top coats in DTM Gloss Finish, color to match existing hangars. Includes: Two T-Hangars One Corporate Hangar Material & Labor 20,220.00 Payment: Down Payment 50% . Remaining Balance due upon completion of work Acceptance: This contract is approved and accepted. I (we) understand there are no oral agreements or understandings between the parties c this agreement. Changes in this agreement shall be done by written change order only and with the express approval of both parties. Chang( my incur additional charges. Signature Signature Date Date *This contract may be withdrawn after 30 days if not approved by both parties. EXHIBIT PAGE_�~ _