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HomeMy Public PortalAbout190-2018 - Sanitation - Perseponko PaintingAGRXEMENT ORIGINAL THIS AGREEMENT made and entered into this L% day of JV,0-n1 ,er— , '2018, 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 Perseponko Painting L.L.C., 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 for power washing and painting of the Administration Building of the Richmond Sanitary District, 2380 Liberty Avenue, Richmond, Indiana. A Request for Quotes has been made available for inspection by City, is on file in the office of the Department of Sanitation for the City of Richmond, consisting of one (1) typewritten page, which is attached hereto and incorporated by reference herein as Exhibit "A". The response of Contractor to said Request for Quotes is attached hereto and incorporated by reference herein as Exhibit `B", consisting of seven (7) typewritten pages, which Exhibit `B" details the work Contractor contracts to do for City. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by 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. Contractor shall submit statements or bills monthly. 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(s) signed by Contractor in accordance with I.C. § 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. SECTION III. COMPENSATION City shall pay Contractor at the rates indicated in Exhibit `B" in an amount not to exceed Five Thousand Two Hundred Dollars and No Cents ($5,200.00), for complete and satisfactory performance of the work required hereunder. The monies to be paid to Contractor are based upon the Proposal Sheet of and submitted by Contractor, which is set forth in Exhibit `B", and attached with this Agreement and made a part hereof. Contract No. 190-2018 1 1 Page SECTION IV. TERM OF AGREEMENT This Agreement shall become effective immediately upon signing of this Agreement and shall continue in effect from the signing of this Agreement by all parties up to and including no later than June 30, 2019. Contractor agrees to, and shall, begin performing the work set forth in Exhibit `B" as soon as the weather permits and complete the same in a prompt time frame. 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 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. 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. This 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 herein. 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. 2 1 Page Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 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 D. 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. Malpractice/Errors & 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 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 3 1 Page 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 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) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor 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 5-22-16.5, 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 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; 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; 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. 4 1 Page 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 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. 5 1 Page 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" "CONTRACTOR" The City of Richmond, Indiana, by and through Perseponko Painting L.L.C. its Board of Sauitary Commissioners Miller, President (Printed): Michael Perseponko Vice President Stiens, Member Dated: l k I TJ APPROVED: ow, Ma r Dated: AR . // Z' � / Title: President % Dated: 6 1 Page I REQUEST FOR QUOTE The Richmond Sanitary District is requesting quote for power washing and painting of the Administration Building. Scope of Work: A o Building needs to be completely power washed to remove paint chalk, dirt, oils, algae, etc. • Any areas that flaking paint is present need to be scraped by hand. • Any bare spots need to be primed before painting with a good grade masonry primer. Sherwin Williams A24W8300 or equivalent grade. © Check and reseal all areas as needed. Use Sherwin Williams Sealant "Powerhouse" 1781699 or equivalent. • Paint — Finish White Flat Exterior Coating. Sherwin Williams LX11W00S1— LXN XP EW or equivalent. Exterior Masonry: 2 Coats LXI IW0051— LXN XP EW • Rust Stains, must be treated with rust remover before surface can be painted Exterior Light Covers: Primer B66A00050 — DTM Bonding Primer Off White Topcoat B66WO0351 — Sher-Cryl HPA High Performance Acrylic Semi -Gloss Coating Extra White • Tinted to color selected by customer Work Hours — 7:30am to 4:30pm Monday thru Friday Cost for power washing and painting of Administration Building. $ Quote is Valid until: Time needed to complete work: ------------------------------------------- Contact person and title: if you have any questions please contact Jeff Lohmoeller @ 765-983-7464 EXIMIT "A" I of I PRICE REQUEST d n ih CTTY OF MCHMOND DEPARTNMNTOFSANTiB.7'ION uT T NOT /� T 2380.LIBERTYAVENUE.RICHMONA INDIANA47374 THIS IS 1V O 1 :C N ORDER PHONE (7651983-74.5o.FAX(765.)9622669 VENDOR INSTRUCTIONS This is a request for a price for the services of materials described below. ` Any .additional spectfications may: be Perseponko Painting LLC `attached hereto. This is NOT an order and the City reserves the rlghf to accept all or part, or decline the entire proposal. 355.9 Boston Township Line- Rd 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 , Richmond, IN 47374 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: October 1, ?018 00toW23, 2018 by 10:00AM UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes.for powe.rwashing and painting of the Administration Building. Please see attached soecifications..All E-Verify requirements will apply :to this quote. Please include a Certificate.of Insurance Which must include Workers Corripensation and any warranty information:_ Return the quote in a sealed envelope addressed to: 12ichmond Sanitary District Denise Johnson, Customer Svc Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: PoWdrwashinglpainting If you have any questions please call Jeff Lohmoeller at 765-983-7464. NAME OF FIRM QUOTING% SCPyNKd PRd//Vr/NJ" u �Z�it�e�G�fi' STAT EXEMPTION # 00 121909-001 +u oRIZED ev SIGNATURE QGc7iVLitJ ! TITLE Richmond Sanit District DATE PHONE NUMBER EXHIBIT "B" 1 of 7 REClUEST FOR QUOTE The Richmond Sanitary District is requesting quote for power washing and painting of the Administration Building. Scope of Work: a Building needs to be completely power washed to remove paint chalky dirt, oils, algae, etc. m Any areas that flaking paint is present need to be scraped by hand. Any bare spots need to be primed before painting with a good grade masonry primer. Sherwin. Williams A24WB300 or equivalent grade. Check.and. reseal all areas as needed. Use Sherwin Williams Sealant "Powerhouse" 1781699. or equivalent. • Paint EfMNKIMh'itelFiat X�exi r� batixig"=S MV, - lliarns�L�Xi11 O MI — LXN XP EW . or equivalent. Extehbr Masonry; 2 Coats LXIIW0051— LXN XP EW • Rust Stains, must be treated with.rust remover before surface can be. painted ,ierraV%.ight Covers: Primer B6.6A00050— DTM Bonding Primer Off White Topcoat B66W00351—Sher-Cryl HPA High Performance Acrylic Semi=Gloss Coating Extra White • Ting-olo_rselected by customer Surface Preparation: Aluminum — Remove all oil, grease, dirt, oxide and other foreign material by cleaning per SSPC-SP1'Solvent Cleaning Block (Cinder and Concrete) —Remove all loose mortar and foreign material. Surface must be free of laitance, concrete dust, dirt, and form release agents, moisture curing membranes, loose cement and hardeners. Concrete and mortar must be cured at least 30 days at75 degree F. The pH.ofthe surface should be between 6 and 9, unless the products to be used -are designed to be used in high pH environments such as Loxon. On tilt -up and the poured -in -place concrete, commercial detergents and abrasive blasting may be necessary to prepare the surface." Fill bug holes, air pockets and other voids with a patching compound such as ConSeal. EXHIBIT "B" 2 of 7 Work Hours — 7:30am to4:30pm Monday thru Friday Cost for power washing and painting of Administration Building. $. o20D . CO Quote is Valid until: ------------ --- Time needed to complete work: ------ --------------___�____------ 46 4)4691Ar&- bAYS Contact person and title: i"/Gf/AE L id�� Ste% �fKO QW AI If you have any questions please contact Jeff Lohmoeller @ 765-983-7464 (EXHIBIT "B" 3 of 7 :AfHavit of Employment Eligibil tyVerification The Contractor, AA1AIrWV&- , affirms under the penalties of - jury that Contractor does not knowingly employ an wauthoxized 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 unauthor zed alien and shall not retain., an employee or contract with a person that the Contractor subsequently learns is an unauthorized. alien. Pursuant to lndiana Code 22-5-1.7, Contractorhas enrolled in and verified the work. eligibility Status of all newly hired employees of the contractor through the Indiana E-- Verifyprogram. The Cp>ztractot 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 Verify program. The Contractor will maiutainthis certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this 164 day of Ner,--AMR , 20.18. (sigaiatuie) &IM Arc, P4' e6gpaNk D (printed name) I EXHIBIT 66B99 4 of 7 RIM INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certif[es that Cokt actor.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 o longer valid and said determination is -not refuted by Contractorn in the manner set 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 foz°th above. EXHIBIT "B" 5 of 7 10I,f DIANA FARM ML BUREAU INSURANCE4 NAMED INSURED AND ADDRESS: PERSEPONKO PAINTING LLC -155913OSTON TOWNSHIP LINE RD RICHMOND IN 47374 CERTIFICATE OF INSURANCE CERTIFICATE ISSUED TO: CITY OF RICI-IMOND DEPARTMENT OF SANITATION 2380 LIBERTY AVENUE RICI1MOND IN 47374 This is to certify that the policies listed in this Certificate have been issued to the Named Insured by �A UIB CASUALTY INSURANCE COMPANY ® UNITED FARM FAMILY MUTUAL INSURANCE COMPANY The policies of insurance listed on this certificate have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or.other document with respect to ryllich this Certificate may be issued or may pertain, the insurance afforded by the policies described is subject to all terms, exclusions and conditions of such policies Aggregate limits shown may have been reduced by paid claims. This Certificate of Insurance does not constitute a contract between.theissuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively.amend, extend, or alter the coverage afforded by the policies listed thereon. Type of Insurance Policy Number Company (A/B) Effective Date Expiration Date Limits of Liability COMMERCIALLIABILITY BOP8213669 03 B 02/20/2018 02/20/2019 General Aggregate $2,000,000 [ X ] Commercial General Liability Prod: Comp/OPS Aggregate $2,000,000 [ X ] Occurrence Personal -Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage (Anyone fire) $50,000 Med Expense (Any one person) S5,000 FARM LIABILITY Each Occurrence ] Equine • Med Expense (Any one person) [ ] Occurrence COMM. AUTO LIABILITY CAP8502870 03 B 02/20/201.8 02120/2019 Each Accident $1,000,000 [X] Scheduled Autos Med Expense $5,000 [ X ] Hired Autos [ X] Non -Owned Autos FARM AUTO LIABILITY Each Accident [ ] Scheduled Autos } Med Expense [ ] Hired Autos [ .] Non -Owned Autos UMBRELLA LIABILITY UMB8603624 03 B 02/20/2018 02/20/2019 Each Occurrence" Aggregate $5,000,000 WORKERS' WC832621003 B 02/20/2019 02120/2019 Statutory -Indiana COMPENSATION $1.,000,000 Each Accident AND Disease Policy Limit $1,000,000 EMPLOYERS' LIABILITY Disease Each Employee $1,0001000 OTHER nVgrRYPTiON OF OPERATIONS. LOCATIONS. VEHICLES. RESTRICTIONS, AND SPECIAL ITEMS If subrogation is waived, srihject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement.on this Certificate does not confer rights io the certificate'holder in lieu of such eudorsement(s). Should any of the described policies be canceled beforethe expiration date, the issuing insurer will make an effort to notify.the certificate holder named; but failure to do so shallfuipose no obligation or liability of any kind upon the insure; its agents or representatives. GREO J BUTLER 10/15/2018 765-962-9548 Agent 'Date Phone 06-996 312 [ ] Certificate Holders Copy [ ] Home Office Copy '[ ] Agency Copy [ ] Insuied's Copy Printed: 10/15/201811:59:00 AM Page 1 of 1 EXHIBIT "B" 6 of 7 Perseponko Painting L.L,C: 3559 Bostoit Towinhip Line Road Richmond, LY47374 PurchaserlArldress CITY OF RICHMOND Departmnet of Sanitation 2380Zi6erty Avenue Richmond, In 47374 Michael Persepottko Oip(ter/Operater Entails Perseliottkopaintittg@jlitt(ill co'nt Phone: (765)9664024 Date Estimate # 1011512018 Sanitation Customer Phone Customer Fax 1-765-983-7200 Customer E-mail tbrown@richmondindiana.... IIWe the owners of the premises described above authorize Perseponko Painting L.L.C. to fumislr all Material and Labor Necessary'ta 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, Sanitary District, 2380 Liberty Avenue, Richmond, In 47374 Treat with cleaning solution, power wash, any prep work and priming on surfaces (Block, Masonry, Smooth Finish Light covers, Aluminum) will follow the specifications called out on Page #2 of the Bid Package, and will apply (2) top coats.in Slienvin Williams LXN XP EW to masonry surfaces as called out, and will apply (2) top coats in metal finish Sherwin Williams Sher-Clyl to any metal surface as called out by -specifications. Includes: Awning Ceiling (Recess.Square Pattern) Columns Painted Wall Sections Below Windows Soffit Upper Wall Sections (Inside & Out) Material & Labor 5,200.00 Quote valid for.(1) year Time needed to complete work will be (6) work days Payment: Down Payment 506/a . Remaining Balance due upon completion of work Acceptance: This coritrac.( is approved and accepted. I (we) understand these 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. Change my incur additional charges. Signature Signature Date Date *This contract may be withdrawn after 30 days if not approved by both pmffes. EXIIIBIT "B" 7 of 7