HomeMy Public PortalAbout022-2019 - Specialized mechanical to install three ton air handlerAGREEMENT
THIS AGREEMENT made and entered into this day of 2019, and referred
to as Contract No. 22-2019 by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Parks and Recreation, with its office at 50 North
5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Specialized
HVAC & Mechanical LLC, P.O. Box 1294, Richmond, Indiana, 47375 (hereinafter referred to as
the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish and install certain equipment, specifically a 3-ton air
handler at the Starr Gennett building and also to furnish and install two (2) electronic faucets and
sinks with heat options in the restroom of the Starr Gennett building (hereinafter collectively
referred to as "Equipment") as described in further detail in Contractor's quote, which building is
located at 101 South 1" Street, in Richmond, Indiana, and which services are provided to the
Richmond Parks Department (the "Project").
A Request for Quotes initially requested on October 25, 2019, and updated on February 11,
2019, has been made available for inspection by Contractor, is on file in the offices of the
Director of the Richmond Purchasing Department and the Richmond Department of Parks and
Recreation, 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
Exhibit was received February 11, 2019, consists of two (2) pages, and is 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.
Contractor shall not modify or alter any standard warranty from the manufacturer of the above
described Equipment. Nothing contained herein shalt 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.
The Contractor shall furnish all labor, material, equipment, and services necessary which are
incidental to the proper completion of all work specified.
Contract No. 22-2019
Page I of 7
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 22-5-1.7-1 1(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 in accordance with the amounts described on Exhibit "A" attached
hereto and incorporated herein by reference, for complete and satisfactory completion of the
Project, which payment shall not exceed the total amount of Seven Thousand Five Hundred
Sixty-three Dollars and Nineteen Cents ($7,563.19).
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.
Page 2 of 7
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.
01
C.
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11
Coverage Limits
Worker's Compensation & Statutory
Disability Requirements
Employer's Liability $100,000
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
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
Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
Page 3 of 7
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.
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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.
Page 4of7
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 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. 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
Page 5 of 7
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.
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 Parks and Recreation
By: ��g Q41
Mike Foley, President
APPROVED:
M. Sn yor
Page 6 of 7
"CONTRACTOR"
SPECIALIZED HVAC &
MECHANICAL LLC
P.O. Box 1294
Richmond, IN 47375
Printed/Title: Q.*Us, efto r A "VI Cz " rL -
Date: S/2,6/
Page 7 of 7
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Specialized Mechanicai
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Ph:765-935-2299, Fnx:.765-935-9922
P.O. Box 1294
Riclunoncl, W 47375
City of'Rielrmond
Attn: Accounts Payable
50 Nrtlt 5th Street
Richmond, IN 47374
2/11/2019. 2911 E
pits Net 30
Speci-alized Mechanical is ple:lsed to have the opportunity to submit the following esthnate:;
Description
INSTALL RHEM 3 TON AIR FTANDLER WITH DUCTWORK, IIREAKER, ELECTRICAL SEIt\?ICE FROM PANEL TO AIR
HANDLER, DIFFUSERS AN'D RETURN AIR GRILL PER BID PACKET AT.STARR. CC\^NTTT BUILDING.
*ALTERNATE BID**
INCLUDES HEAT BANKS, BREAKER, ELECTRICAL SERVICE FROM PANEL TO AIR II&NDLER.:START AND CHECK
OPERATION.
im ATIS'RLAL TO RE ORDERED WHEN .i'URCHASE ORDER IS ISSUED; WORK TO S'L`r\R"r AS SOON AS EQUIPMENT IS
RECEIVED, APPROXIMATELY. 5 T O 10 DAN'S AVI'ER ORDER IS PLACED.
SEE ATTACllED CERTIFICATE OF INSURANCE iUND WARRANTIES/GUARANTEES FOR LABOR AND NIATERIALS.
COiNMIERCIAL MAC LABOR
MATERIALS: RHEEM AIR 14ANDLER 1V/ HEAT RANKS, DUCTIVORK, TIIFFUSERS, HARDWARE, TITERNMOSTAT,
ELFCTRICAL,'NIISC. HARDWARE
MISCELLANEOUS: FUEL, I ERINET,'FORC.H PEES, EQUIPMENT RENTAL, ENVIRONMENTAL FEES, ETC.
*1yORK TO BE PERFORILED WILL BE COMPLETED DURING NOMML.BUSINESS I OURS UNLESS OTHERWISE
SPECIFIED.
*1IATERIAI.. &: LABOR 1VILL NOT EXCEED Mt. QUOTED PRICE FOR TIITS'. (701`8s OR'WORK.
*ADDITIONAL MATERIAL & LABOR.CHARGES FOR UNSEEN REPAIRS WILL RE CIIARGED.AT OUR CURRENT LABOR
RA'rrS PER NIAN HOUR UPON CLISTO\ lEIR APPROVAL -OF ANY CHANGE ORDERS.
*REMOVAL OF HAZARDOUS WASTE NOT INCLUDED
*ANY ROOF OR STRUCTURAL REPAIRS ARE THL; RESPONSIBILITY OF TBL CUSTOMER. CUS'TOMF,I2 FO COORDINATE
ROOF REPAIRS DUETOANY ROOF PENETRATIONS REQUIRED IN THE SCOPE OF TILE PROJECT.
*PRICES QUOTED ARE VALID FOR 30 Drll'. UNLESS OTITERNN SE INDICATED.
*TFTIS IS AN ESTIMATE, NOT AN INYVOICE. A SIGNATURE IS REQUIRED FOR ACCEPTANCE OF THIS PROPOSAL.
*PLEAS!"s SUB\11T'1"Hr SIGNFI) COPY Oil TFTTS.ESTIMATE VIA FAN OR EMAIL TO ehris r7specializedniecitanic iltrttc.com
THANK YOU FOR YOUR BUSINESS!
CHRIS PROWS
SPI CIAL17,ED i<tECIIANICAL, LLC
Sales 'Tax (®.®%) so.00 ] Total
Customer Signature Date:
SS;413.17
Terms & Conditions: Tlic purchaser shrill he responsible for payment of all services rendered, Includini, all applicable. taxes. Payment shall be made within
30 days of Invoice date unless otherwise specified and will be subject interest charges at a. rite of 1.5% a.p.r. per month on all overdue invoices plus all
cos is3ocurred for collections including, but not limited to; collection fees, altorney's fees, and court costs.
n}vrv: spe cialized mechnnicnibvac.co m
__. - _ . T....._ '
Specialized IVlech ahical LLC
1'II:'765.935-2299 Fax:765-935-9922
P.O. Box 1294
Richmond, IN 47375
City of Richmond
Attn: Accounts 114yable
50 iNorth.50b Street
Richmond, IN 47374
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2/11/2010
2912E
zAtT[YS r Net 30�
Specialized Mechanical is pleased to have the opportunity to submit the following estiinatet
Description
INSTALL (2) SLOAN ELECTRONIC FAUCETS IN RFSTROOM AT STARR GENNIMr B .M.DING
PRICE INCLUDES:
COAIAIERCIALTIVAC LABOR
MATERIALS:
(2) SLOAN 1 E't275 ELECTRONIC FAUCETS, ;117SCELLAi SOUS IIARDWARE S MATEMALS,
MISCELLAN'EMUS: FUEL, PEIMIT, TORCH FEES, EQUIPMENT RENTAL, ENVIRONMENTAL FEES, ETC.
*WORK TO BE PERFORIfED WILL 13B COMPLETED DURING NORMAL BUSINESS HOURS UNLESS OTITERNVISE
SPECIFIED.
*,MATERIAL St LABOR WILL; NOT EXCEED THE QUOTED PRICE FOR THTS SCOPE -OF WORK.
*ADDITIONAL MATERIAL & LABOR cnARGES FOR UNSEEN REPAIRS WILL BE CHARGED AT OUR CURRENT LABOR
RATES PER IlIAN IIOUR UPON CUSTOMER APPROVAL OF A'NY CIIANGE ORDERS.
*RENIOVAL OF IIA7,ARDOUS;lYr1.S't'E iNOT INCLUDED
*ANY ROOF OR STRUCTURAL REPAIRS ARE THE RESPONSIBILITY OF THE CUSTONI.ER. CUSTOMER TO COORDINATE
ROOF REPAIRS DUE TO AN*Y' ROOF PLNETRAT'IONS RL QUIRED LN,TIIE SCOPE OF THE PROJECT.
*PRICES QUOTED ARE, VALID FOR 30 DAPS UNLESS OTHERIVI'SE INMICATFD.
*'i'RIS IS AN ES'rIAIA'I'E,,NOT A\ J,N, VOICL ..A SIGxN;VFLIItE IS REQUIRED FOR ACCEPTANCE OF THIS PROPOSAL.
*PLEASE SUBMIT TIDE SIGNED. COPY OF TEAS ESTIMATE YL4 FAX OR EMAIL TO cliris rr spccializcdnicchauicallroac.cant
THANK YOU FOR YOUR BUSIaNESSi
CHM PROWS
SPECIALIZED 111ECH.ANICAL,.LLC
Customer Signature
Date:
S2,150.02
Terms & Conditions: The purchaser sliall be responsible for Payment of all services rendered, including 01 applleable taxes. Paymentshall be made irithin
30 days of invoice date nnic$s.olherwise specilied.and,icill be suhject to interest charges at a rate or 1.5% A.p.r. per mouth on all overdue invoices plus all
costs incurred for collections including, but ant Iindted to; collection fees, attorney's fees, and court costs.
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