HomeMy Public PortalAbout173-2019 - Parks - Wallace Heationg & Air - General HVAC Maintenance - 2020r y i
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AGREE ENT
THIS AGREEMENT made and entered into this day o , 2019, and referred to as
Contract No. 173--2019 by and between the City of Rich and, 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 Wallace Heating & Air, Inc.,
P.O. Box. 3, 111 Melody Lane, New Paris, OH 45347 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORD
City hereby retains Contractor to provide on -call general HVAC work for the Richmond Parks and
Recreation Department for the 2020 calendar year.
A Request. for Quotes dated September 24, 2019, has been made available for inspection by
Contractor, is on file , in the offices of 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 October 8, 2019, consists of one (1) page, 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.
The Contractor shall furnish all labor, material, equipment, and services necessary which are
incidental to the proper completion of all work specified.
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.
Contract No. 173-2019
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SECTION III. COMPENSATION
City shall pay Contractor in accordance with hourly rates established on Exhibit "A" attached hereto
and incorporated herein by reference, for complete and satisfactory performance of the work required
hereunder. Actual payment shall depend upon services rendered, but shall not exceed Five Thousand
Dollars ($5,000.00) for the 2020 calendar year.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective on January 1, 2020, and shall continue in effect until
December 31, 2020.
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.
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
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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 $10000
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 $13000,000 each occurrence
$2,0009000 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
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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.
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
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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
.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.
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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.
041-1 di
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks and Recreation
"CONTRACTOR"
WALLACE HEATING & AIR, INC.
P.O. Box 3, 111 Melody Lane
New Paris, OH 45347
t
By:.. A Byk - I
-
Denise Retz, Superintendent
Date:
Printed: 61)4 i'� 9Qllel��/
APPROVED: Title:
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Sno ,Mayo
Date: Date:
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DAVE SNOW - kfayor
CITY OF R11CHMOND
• DEMISE RETZ
DEPARTMENT DE PARKS & RECREATION Suparintendent
2200 E. NATIONAL RD., RICHMOND, INDIANA
PHONE,(765) 983-7275 FAX (765) 983-7279 .
The City of RYchmmd parks and Recreation' Department seeks quotes for general re airs at all of its
q � .P
parks and facilities for the yeah of 2020, as needed.
This is for the routine HVAC work for up to .$5,000.00 -
Quotes are due in the Parks Administration office at 5:00 pm Tuesday, October 8, 2019.
Quotes will be considered on the follovving criteria:
I.. Labor rates paid shall be for only productive hours bed np�ng and ending at the jobsite
2. Labor rates shall include all direct and indirect costs such as transportation and overhead.
3. Regular business hours. are Monday —Friday 8:00 am - 5:00 pm.
Item
Description
QTY
Unit of Measure
Unit Price
I
HVAC
I
HOUR-
Regular Hourly Labor Rate
, . I,.�-
,
2
Mizninx= Hours
HOUR
N/A '
cif any)
,
3
HVAC
1
HOUR. -.
•
Overtime Hourly Labor Rate
,
4
Material Mark-up
%
NIA
Please submit the attached E-verify affidavit. with your quote ,
Please submit a cunrent certificate of insurance with your quote,. Coverage and limits of insurance are
attached.
Call Tonya Boren at (765) 983--7277 with questions,
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