HomeMy Public PortalAbout166-2019 - Engineering - Specialized Me...tilation and LED Lighting - GarageAGREEMENT
THIS AGREEMENT made and entered into this �day of D 2019, and referred to
as Contract No. 166-2019, by and between the City of Richmond, Indiana, a municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to ,as the "City")
and Specialized Mechanical, 825 Liberty Avenue, Richmond, Indiana, 47374 (hereinafter referred to
as the "Contractor"). -
SECTION I. STATEMENT AND SUBJECT OF WORK
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City hereby retains Contractor to perform services in connection with the installation of a ventilation
system andlthe installation of LED lighting equipment in the stairwell of the City Parking Garage for
the City of Richmond, Indiana, per the bid specifications (the '.'Project").
Bid Specifications, dated -September 5, 2019, along with any associated Addendums, have been made
available for inspection by Contractor, are on file with the Purchasing Department, 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 is attached hereto as "Exhibit A", which
Exhibit was received September 26, 2019; consists of two (2).pages, and is hereby incorporated by
reference and made a part of this Agreement. Contractor agrees to comply with all terms and
conditions contained in "Exhibit A."
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 for the proper
completion of all work specified.
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No performance of services shall commence until the following has been met:
I. 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, Indiana. The Contractor shall provide, at its own expense, competent supervision
of the work.
Contract No. 166-2019
Page 1 of 6 .
SECTION III. COMPENSATION
City shall pay Contractor an amount, not to exceed Seven Thousand Two Hundred Fifty Dollars and
Zero Cents ($7,250.00) for complete and satisfactory performance of the work required hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by. the parties and shall continue in effect until
satisfactory completion of -the Project, which completion is expected to be within sixty. (60) days
from the Purchase order date. A penalty shall 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.
Contractor shall also supply a one (1) year warranty on all labor and material.
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 em to ees. Contractor shall'as as a prerequisite to this Agreement, purchase and thereafter
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maintain such insurance as will protect it from the claims set forth below which may arise out of or
Page 2 of 6
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 &
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
E. Comprehensive Umbrella Liability
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
$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 INDIAANA 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
Page 3 of 6
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. j
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 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; '
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 forbach calendar
day during -which such person was discriminated against or intimidated in violation of
the provisions of the Agreement; and
Page 4 of 6
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.
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.
Any person executing this Contract in a- representative capacity hereby warrants that he/she 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 in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
Page 5 of 6
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.
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, SPECIALIZED MECHANICAL
INDIANA by and through its . 825 Liberty Avenue,
Board of Public Works and Safety Richmond, IN 47374
o
By: _ V/ & "By: Ot
6& Gil
Vicki Robinson, President
By: Printed:
mily almer, Member
By: Title:
Matt Evans,Member _
APPROVED: Date: l I T
. Sno or
Date:
Page 6of6
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CITY OF RICHMOND
Parking Garage Stairwell Ventilation
LWC Commission No. 19635.00
SECTION 000400 - BID PROPOSAL FORM
Project: CITY OF.RICBMOND -YARIONG GARAGE STAIRWELL VENTILATION
15 SOUTH 7TH STREET
RICEIVYOND, INDiANA. 47374
General Contract
Bidder:&OCe"_1
Address:
CitylState/4ip :
Telephone: hone: 413
P -
t Mail: n CA
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CA
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Base Bid. S •
Base Bid (Written):
62s!&mo�
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'144441,j
End of Bid Form
IE X IBiT A PAGE OF� .
BID PROPOSAL FORM 000400 —Page 1 of I
Specialized Mechanical LLC
Ph:765-935-2299 Fax:765-935-9922
P.O. Box 1294
Richmond, IN 47375
CITY OF RICHMOND
VICIC[ROBINSON
50 N. 5TH ST.
RICHMOND, IN 47374
Estimate
9/24/2019 3152E
Net 30
Specialized Mechanical is pleased to have the opportunity to sulimit the following estimate:
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*WORK TO BE PERFORMED WILL -BE COMPLETED DURING NORMAL BUSINESS HOURS UNLESS OTHERWISE
SPECIFIED.
*MATERL4L & LABOR WILL NOT EXCEED THE QUOTED PRICE FOR THIS 'SCOPE OF WORD.
*ADDITIONAL MATERIAL & LABOR CHARGES FOR UNSEEN REPAIRS WILL BE CHARGED AT OUR CURRENT LABOR
RATES PER MAN HOUR UPON CUSTOMER APPROVAL OF ANY CHANGE ORDERS.
*REMOVAL OF HAZARDOUS WASTE NOT INCLUDED
*ANY ROOF OR STRUCTURAL REPAIRS ARE THE RESPONSIBILITY OF THE CUSTOMER. CUSTOMER TO COORDINATE
ROOF REPAIRS DUE TO ANY ROOF PENETRATIONS REQUIRED IN THE SCOPE OF THE PROJECT.
*PRICES QUOTED ARE VALID FOR 30 DAYS UNLESS OTHERWISE INDICATED.
*THIS IS AN ESTIMATE, NOT AN INVOICE. A SIGNATURE IS REQUIRED FOR ACCEPTANCE OF THIS PROPOSAL.
*PLEASE SUBMIT THE SIGNED COPY OF THIS ESTIMATE VIA FAX OR EMAIL TO chris@specializedmechanicalhvac.com
THANK YOU FOR YOUR BUSINESS!
CHRIS PROWS
SPECIALIZED MECHANICAL, LLC
f
,- - Total $7,250.00
V P
Customer Signature Date:
i
Terms & Conditions: The purchaser shall be responsible for payment of all services rendered, including all applicable taxes: Payment shall be made within
30 days of invoice date unless otherwise specified and will be subject to interest charges at a rate of 1.5% a.p.r. per month on all overdue invoices plus all
costs incurred for collections including, but not limited to; collection fees, attorney's fees, and court costs.
www.speciaHzedmeebanicalhvae.com
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* ACC) " CERTIFICATE OF LIABILITY INSURANCE .. ��. .. 6/20/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME* Julie Garrett
RNID Patti Insurance and Financial Services PHONE (7 65) g 66-7531 FAX
X Nv : (765) 93s-2476
36 South 9th Street EMAIL julieg@rmdpatti.com
ADDRESS:
PO Box 1167 INSURERIS) AFFORDING COVERAGE NAIC #
Richmond IN 4737.5 INSURER A: Cincinnati Insurance Company 10 67 7
INSURED INSURER B : Accident Fund Company 10166
Specialized AVAC & Mechanical LLC INSURER C :
PO Box 1294 INSURER D : `
INSURER E :
Richmond IN 47375-1294 INSURER F :
COVERAGES CERTIFICATE NUMBER:19-20 Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 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 VVITH RESPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILSSR ADDL SUER POLICY EFF POLICY EXP
TR TYPE OF INSURANCE IN§D POLICY NUMBER MMIDD[YYYY MMIDDIYYYY
X COMMERCIAL GENERAL LIABILITY
A CLAIMS -MADE Eli] OCCUR
EPP 0390982 6/24/2019 6/24/2020
GEN'LAGGREGATE LIMITAPPLIES PER:
POLICY J`ECT LOC
OTH ER:
AUTOMOBILE LIABILITY
A ANY AUTO y
X ALL OWNED SCHEDULED EPP 0390982 6124/203.9 6/24/2020
AUTOS AUTOS
NON -OWNED
X HIRED AUTOS X AUTOS
X UMBRELLA LIAR X OCCUR
A EXCESS LIAR CLAIMS -MADE
REPP 039Q982
6/24/2019 6/24/2020
DED ETENTION S 0
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
ANY PROPRIETOR/PARTNERIECECUTIVE N I A
OFFiCERIMEMBER EXCLUDED?LWCV612S796 6/24/2019 6/24/2020
B (Mandatory in NH)
If yes, describe under
i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
CERTIFICATE HOLDER
r
City of 'Richmond
50 N 5th St -
Richmond, IN 47374
ACORD 25 (2014101)
INS025 (201401)
LIMITS
EACH OCCURRENCE
$ 11000,000
DAMAGE TO RENTED
PREMISES Ea occurrence
500,000
MED EXP (Any one Person)
$ 10,000
PERSONAL S ADV INJURY
$ 1 r 000 r 000
GENERAL AGGREGATE
$ 2,0001000
PRODUCTS-COMPIOPAGG
$ 2, 000, 000
COMBINED SINGLE LIMIT
Ea accident
$ 11000,000
BODILY INJURY (Per Person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
Uninsured motorist combined single
EACH OCCURRENCE
$ 11000,000
S 1 000 000'
AGGREGATE
$ 1.000.000
PER
X STATUTE OE RH
E.L. EACH ACCIDENT
S 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ I1000,000
E.L. DISEASE - POLICY LIMIT
$ 11000,000
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Joh
n Dils JEG
@ 1988-2014 ACORD CORPORATION. All nights reserved.
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