HomeMy Public PortalAbout048-2018 - Sanitation Allen Painting- Painting Tertiary BuildingAGREEMENT 1`4ay, 20R 1 G! N A L
THIS AGREEMENT is made and entered into this )'t day of 18, by and between the
City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary
Commissioners, 50 North 5' Street, Richmond, Indiana 47374 (hereinafter referred to as the
"City") and Allen Painting Co. Inc., 921 Sheridan Street, Richmond, IN 47374 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to paint the intermediate pump building pump room, the tertiary
building stairwell and the tertiary building walls at the Richmond Sanitary District, 2380 Liberty
Avenue, Richmond, Indiana.
City sent a Request for Proposals on January 26, 2018, seeking the assistance of painting the
intermediate pump building pump room, the tertiary building stairwell and the tertiary building
walls at the Richmond Sanitary District. The Request for Proposal is attached hereto and
incorporated herein by reference as Exhibit "A".
The response of Contractor, dated February26, 2018, is contained in Exhibit `B", which Exhibit
"B" is attached hereto and incorporated herein by reference and made a part of this Agreement.
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, when requested, provide the phone call, text message or email specified by
City.
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 H. 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.
SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed Twelve Thousand Four Hundred Seventy -Five
Dollars and No Cents ($12,475.00) for complete and satisfactory performance of the work
required hereunder.
Contract No. 48-2018
Page 1 of 6
SECTION M TERM OF AGREEMENT
This Agreement shall become effective upon the execution of this Agreement by both City and
Contractor and shall terminate upon completion of the work performed, which is anticipated to be
completed within thirty (30) days of the execution of this Agreement, but by no later than June 1,
2018.
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 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
professional 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.
In the event of such termination, 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 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 $100,000
Page 2 of 6
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability (if applicable)
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.
Page 3 of 6
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:
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;
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;
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 money
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 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. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
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 any suit
arising out of this Contract 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. 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.
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.
Any person executing this Contract in a representative capacity hereby warrants that he or she has
authorization, in writing, by his or her principal to execute this Contract on behalf of the
Contractor and that such authorization has not been revoked or rescinded.
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
By: /r/-k
ue Miller, President
By
an Bakshi, Vice -President
By:
eg ti s. Member
APPROVED: I
avid M. Sn ,
City of Richn ond, Indiana
Date: —
"CONTRACTOR"
ALLEN PAINTING CO. INC.
Printed: Kevin Allen p
Title:
D.,. ?-/6 - / 9
Page 6 of 6
r
PRICE REQUEST
d
CM OF MCHMOM
DEPARTTVff,W OF SANTTAMN
2380 LIBERTYAVENUE•RICWOND, INDIANA47374
PHONE (765) 983-7450-FAX (765) 962 2669
THIS IS NOT AN ORDER
VENDOR
INSTRUCTIONS
This is a request for a price for the services of 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 full name and phone number below
With signature; itemize all prices and charges where
requested; and attach any explanation for any substitution to
specifications altered. Return in a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
specified date and time to be considered.
DATE:
REPLY MUST BE 1N BY.
PAYMENT TERMS:
DELIVERY REQUIRED:
January 26, 2018
February 27, 2018 by 10:OOAM
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a request for quotes for painting. Please see attached specifications. All E Verify requirements will
Apply to this quote. Please include a Certificate of Insurance, which must include Worker's Compensation,
and Warranty Information with quote.
Return the quote in a sealed envelope addressed to: Richmond Sanitary District
Denise Johnson, Customer Svc Mgr
2380 Liberty Avenue
Richmond, IN 47374
Re: Painting
If you have any questions please call Jeff Lohmoeller at 765-983-7464 or 765-993-2670.
Pre -Quote meeting will be held on February 15th at 10:OOAM, Richmond Sanitary District Board Room, 2380 Liberty
Avenue, Richmond, Indiana.
Total Cost:
Time of Completion: Days Quote Valid Until:
TAX EXEMPTION # 003121909-001
Richmond S itary District
DATE
AUTHORIZED BY SIGNATURE
PHONE NUMBER
TITLE
,,A t, / cf 41
WWTP Painting Specifications
The Richmond Sanitary District will be requesting quotes for painting in the
Wastewater Treatment Plant's Tertiary Building and Intermediate Pump Building.
This painting work includes stairwells and third floor walls of the Tertiary Building,
as well as the Intermediate Pump Building Pump Room. All areas are to be
prepped, primed, and painted in accordance with these specifications.
Certificate of Insurance must accompany this quote.
Notice to Contractor: E-Verifying requirements along with Indiana Local
Preference Claim Information required.
SCOPE OF WORK:
This work shall include all labor, materials, and equipment required for the
complete execution of all painting work specified and described herein:
SURFACE PREPARATION
Previously painted surfaces will frequently not permit or require
complete removal of all old coatings prior to repainting. However, all
surface contamination such as oil, grease, loose paint, mill scale, dirt,
foreign matter, rust, mold, mildew, mortar, efflorescence, and
sealers must be removed to assure sound bonding to the tightly
adhering old paint.
PRIMING SURFACES
• Contractor shall apply primer to all bare spots and other areas in
accordance with manufacturer's recommendations.
PAINTING
Each coat of paint shall be evenly applied and allowed to dry
according to manufacturer's recommendations prior to application of
additional coats.
• The number of coats recommended by the manufacturer is a
minimum. Application of the minimum number of coats, by itself,
does not assure acceptance of work performed. Only an inspection
of final work will be used to gauge completion of project.
GENERAL WORKMANSHIP
• All work shall be performed in a neat and clean manner.
• Finish work shall be uniform in color and free of brush marks, sags,
runs, etc.
• All surfaces should be left clean at completion of work.
• Contractor shall protect floors and other finished surface from
damage during the performance of work.
• Work shall be performed Monday through Friday between the hours
of 730am and 400pm, unless otherwise arranged with WWTP
personnel.
INTERIOR FINISHES
Concrete/Cement
Primer: B79WO8810 - ProBlock® Interior Oil -Based Primer White
Finish: K45WO0151- Pro Industrial PreCatalyzed Waterbased Epoxy Eg-Shel Extra
White
Color to match existing
fAx�i b -14"'7 3d L/
WWTP Painting Specifications
(Stairwells and Third Floor Walls of Tertiary Building, and IPB Pump Room Walls)
Proposal Sheet
Name of Contractor:
Address:
City/State:
PRICE SCHEDULE
Tertiary Building Stairwell:
Tertiary Building Walls (3rd floor):
IPB Pump Room:
• Certificate of Insurance Included (must meet the City of Richmond, IN
requirements)
Yes: No:
• E-Verification Form Filled Out: Yes: No:
• Local Preference Claim:
Yes: No:
• Iran Investment Activities: Yes: No:
PRICE REQUEST
o y
ti; O
b O
A
t'
CITY OF RICIiMOM
DEPARTMENT OF SANITATION
2380 LIBERTY AVENUE.RICHMOND, INDIANA 47374
PHONE (765) 983-7450.FAX (765) 962-2669
i
THIS IS NOT AN ORDER
i
VENDOR
INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
attached hereto. This is NOT an order and the City reserves
Allen Painting Inc.
the right to accept all or part, or decline the entire proposal.
Please complete your full name and phone number below
921 Sheridan Street
with signature; itemize all prices and charges where
Richmond IN 47374
requested; and attach any explanation for any substitution to
specifications altered. Return in a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
specified date and time to be considered.
DATE:
REPLY MUST BE IN BY:
PAYMENT TERMS:
DELIVERY REQUIRED:
January 26, 2018
February 27, 2018 by 10:OOAM
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a request for quotes for painting. Please see attached specifications. All E Verify requirements will
apply to this quote. Please include a Certificate of Insurance, which must include Worker's Compensation,
and Warranty Information with quote.
Return the quote in a sealed envelope addressed to:
Richmond Sanitary District
Denise Johnson, Customer Svc Mgr
2380 Liberty Avenue
Richmond, IN 47374
Re: Painting
Ifyouhave any questions please call Jeff Lohmoeller at 765-983-7464 or 765-993-2670.
Pre -Quote meeting will be held on February 15w at 10:OOAM, Richmond Sanitary District Board Room, 2380 Liberty
Avenue, Richmond, Indiana.
Total Cost:
Time of Completion: Days
Quote Valid Until:
STATE TAX EXEMPTION # 003121909-001
Richmond S itary District
IYAIVIL VI 1 tl \IV1 Vdvv I tt�v.
AUTHORIZED BY SIGNATURE
DATE PHONE NUMBER
TITLE
6� A;�i4 ''4? / ®f 3
Painting of Tertiary Building Walls (V Floor) and Stairwells, and IPB Pump Room
Prnnncal Sheet
Intermediate Pump Building Pump Room:
Tertiary Building Stairwell
Tertiary Building Walls (3' Floor):
� jc ` 00
/aq75
CERTIFICATE OF INSURANCE INCLUDED (must meetth'e City of Richmond, IN requirements)
YES V NO
• &VERIFICATION FORM FILLED OUT:
LOCAL PREFERENCE CLAIM:
IRAN INIVESTMENT ACTIVITIES
YES. ✓ NO
YES.y NO
YES NO
ii « f3 Z o e
Af%daWt of Employment Eligibility Verification
The Contractor, G affirms under the penalties of perjury that
Contractor does not knowingly empidy an unauthorized alien. If Contractor is self-employed
and does not employ any employees, Contractor verifies he or she is a United States citizen or
qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and shall
not retain an employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Pursuant to Indiana Code 22 5-1.7, Contractor has enrolled in and verified
the work eligibility status of all newly hired employees of the contractor through the Indiana E-
Verify program.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E,Vei* program. The Contractor will
niarntainibis certificationthroughoutthe duration ofthe term of a contract with a subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this A_ day of� , 24
(signature)
ts�
(pdnwd nme)