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HomeMy Public PortalAbout135-2019 - Parks - Specialized Mechanic...Air Handling Units - Senior CenterAGREEMENT THIS AGREEMENT made -and entered into this A day ofS4kfilwr201 . � y 9, and referred to as Contract No. 135-2019 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.Q. 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 roof -top air handling unit at the Senior Center building (hereinafter collectively referred to as "Equipment") as described in further detail in Contractor's quote, which building is located at 1600 South 2°1 Street, in Richmond, Indiana, and which services are provided to the Richmond Parks Department (the "Project") . A Request for Quotes initially requested on August 14, 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 August 22, 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 shall 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 fiu-nish all labor, material, equipment, and services necessary which are incidental to the -proper completion of all work specified. Contract No.135-2019 Page 1 of 6 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 i 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. , . 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 Twenty-five Thousand Five Hundred Dollars and. Zero Cents ($25,5 00. 00). 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 orin 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: t 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 2of6 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. r 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 $1005000 C. Comprehensive General Liability Section. l . 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 $29000,000 each aggregate Page 3 of 6 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 laver and provide the City proof of such compliance in lieu of comply_ ing with the provisions of the Indiana Worker's Compensation Law. SECTION- VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code-22-54.7, 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 22-54.7--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 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 4 of 6 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 5-1676-1, 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 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 5 of 6 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. 5 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: Mike Foley, President APPROVED: I . Snow a or Date: 3 i "CONTRACTOR" SPECIALIZED HVAC & MECHANICAL LLC P.O. Box 1294 Ri ond, IN 47375 B• Printed/Title: SEttw �E 1'j'iG� . Date: U (11 Page 6 of 6 w Vr -�° CITY OF M IMOND 50 Norfla Fifth Street rRICE REQUEST - z Richwond, Indiana 47374 (765) 983.4200 j. [g Is NOT AN ORDER ' .DACE ax . --I/Ai QUANT= r This Is a xe post for a price or VDW for the saTioes or mateda.ls desoadbed'below* Any W14onal speofflaations maybe attaoked,hereto. Thl$ is notan order and tho City wsarvos the xigbtto aoaapt 4 or p4 or de fto the, eatiro proposal, .please compxst your W name, address aad phoaia ziumftr bolow with 9igaatm, itemize alb prig e s and charges where - xogumt4v and attach explanation for any aubsdftrhoa to specffioations altered, Please ratum in rye of Parohasingto the address above by to speoWed, [date . eW fte to be eoiWalexed udess otherwiso speared, PLC' AWST ED I DEF Y REQ D ZCRM 9 b3 4:59 gonL - DBLI MM UPCAI YG`E DEsCRIMaN ar ea TOTAL Roof Top Aft HandUag `Flits (see affaaed) Please iudNde a ira=ant CedWcafe o 10 nsurandef namatn the City0 Wchword as cer6ficate holdex, `cif. your b1d. Bade must De enclosed atn isealed envelop a wig, the pxoj ect �aam.e on the oxide.' PRICE*REQUEST Spec, � PURCEUSING DMCTOR wnuo%)r < Mgt LEXHIBIT gN=,"PAGE 0 I — ___ 0. - too ox, -bATnf State Tad Fxemplion No. 0 0.3121909..0 01 SpedaHzed MeehanAcal LLC Ph; 765-935-2299 Fax: 765�935-9922 P,O. Box 1294 Rzchmond, AV' 4737$ ,A, , �i�iy of Rich�non� Attu; Accounts Toyable 50 Worth 5th Street Richmond, IN 47374 , Estimate Dates Tormi ��#,� ## 8/19I2019 Net3o 3104E MCRKOND PARKS & PYCREATfON 2200 R MAIN ST. MCHMOND, IN 47374. 765-960-8969 DBNISBRETZ Specialized Mechanical is pleased to have the opportunity to submit the following estimate; Description RE MOW AND DISPOSE OF EMSMG PACKAGE ROOFTOP tMS LOCATED ON NORTH SIDb OF ROOF AT 1UCHMOND S)@N[OR Cr,,NTIEP, VMM.R AND )V$TALI, (2) LENNOX 3 TUN PACnGVD, WffS, (1) LEMOX 4 TON PACKAGE UMT, AND (1) LE, NNOX 7.5 TON TAMOE tMTt CUES ADAPTERS, RAM GUAUDS, GAS PIPXNG CONN + C TIONS, BM�x'�CG`Ax, CONNECTIONS, CONDENSATO MAWl T0 1 JRMOSTATS, C0WLETE STARTUP OF ALL TMS INCLUDED* ALT MAT , WE 0 CO I ND INSTALLING A 3 TON tM IN xBE DAMBRU MS AD OF A 4 Tali UNIT, nM 2 01;R YAL UNPPS VMRE E OTH 3,5 TONS = 7 TONS. 7EMin IS NOW A. LBNNOX 4 TON Ur SIT ON WEST Wrl X' A 3 TON NVME XNSTALLED UN TH BAST SID +', T$L+ AWA WOULD BE B ACK TO 7 TONS ANDWOULD BRYnT'MN LOAD CAL CMATION SPECS. TOTAL 7011 ALTERNATE BID: 525A00.00 X'RXCE INCLUDES: X YRIABORWAPMANTY ON ALL UNPPS xNSxALL CommiticIALUVAL1 LABOR. MAT Ea (2) LENNOX 3T PKO UNM, LENNOX 4T PKG UNIT, LENNOX 7.5T MCI Y7NIT2 Cat$ ADATTE+ RS, (4) THERMOS` AXS & WWI (4) GAS CONNECTION =% (4) CONDENSATE ]]RAIN MTS, (4) EVE, CMCAY. CONNECTION MTS, AM CELLN 0115 MATFMIUS & HA MWARE STIIPP1NGrINCLU�]ED MISCRiZA�LEOUS, PERM GTT FM5j. CRANE SVI RW E, ENYMONWNTAL FEES: C:......_,...�.�._�.�......_._ Safes Tax (0.0%) . Total Date: Page I ' EXHIBIT PAGE QL OF �