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HomeMy Public PortalAbout180-2019 - (Revised) Reynolds Plumbing - general repairs fire stationsAGREEMENT THIS AGREEMENT made and entered into this/0.0__�ay of, , 20 , and -referred to as [Devised] Contract No. 180--2019 .by and between the City. of Richmond, Indiana, a municipal corporation acting by and through its- Board of Public works and' Safety, ,with its office at 50 North 5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Reynolds Plumbing, Inc., 1134, NW "T" Street, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORD City hereby retains. Contractor to provide general maintenance and plumbing repairs for :the City of Richmond Fire Stations. A Request for Quotes dated O.ctober 22;' 2019, has been made available for inspection by -Contractor, is on file in the offices of the Richmond Fire Department, 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 Js attached hereto as Exhibit "A", which Exhibit eras received October 24, 2019, consists of one (1) page, and is also 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 m 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--11(a)(2);and 3. A purchase order has been- issued by the Purchasing Department, SECTION H. 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 oven expense, competent supervision of_ the work. [Revised] Contract No.180-201.9 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor at the per -man hourly -rates as 'des Gribed' and set forth on the attached Exhibit A for the services provided under this Agreement with the material cost markup as provided in said Exhibit A. The regular per --man hourly rate of Seventy Dollars ,and Zero Cents ($70.00) for the first hour of on -call service shall apply during regular work hours (7-:00 a.m. to 3:30 p.m.) with the rate : of Sixty --five Dollars and Zero Cents ($65.00) for each additional per -man- -hour applied during regular. work hours. Each additional overtime hour for per --man hourly rates and for weekend hourly rates for on -call service shall be billed at the Eighty Dollars and ,Zero Cents ($50.00) hourly rate per man. The perman hourly holiday rate for on -call, service shall be billed at the one Hundred Dollars and Zero Cents ($100.00) hourly rate per man. Emergency calls shall be responded to within approximately. two (2). hours and 'regular calls shall be responded to within twenty-f6ur (24) hours. Material mark up shall not exceed twenty-five percent (25%�. . SECTION Iv. TERM OF AGREEMENT This Agreement shall become effective as of January L 202% and. -shall continue in- effect until December 31, 2020. City shall retain two options to renew and extend this Agreement, upon the same terms and conditions, for the 2021 and 2022 calendar years. 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. Page 2 of 6 SECTION V. INDEMNIFICATION AND INSURANCE Contractor agree_ s 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 thb 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 1. 'Bodily Injury $1,000,000 each occurrence $2,000,000'aggregate Section 2. Property Damage $1,0001000 each occurrence D.- Comprehensive Auto Liability Section 1. Bodily"injury $1.,000,000 each person $i,000,000,each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $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 certif cate 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. • Page 3 of-6 : . 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. 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 4 0, 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, Page 4 of 6 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 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. Page 5 of 6 i y y i a a + 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. t 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" "CONTRACTOR" THE CITY OF RICHMOND, REYNOLDS PLUMBING, INC. INDIANA by and through- its 1134 NW "T" Street Board of Public Works -and Safety Richmond, IN 47374 y By• Vicki Robinson, President By: Printed:I<e 5L mily Pal er, Member By. Title: �-It Matt Evans; Member APPROVED: Date: � � � d2 O .S r ..Date: 12, Page 6 of 6 AVE SNOW Mayor JERKY L. PURCELL • Fire chief SEA CITY OF RF0 HMOND FW DEPAR'fAE�T 101 SOUTH FIB M SMEET_RIMMQND, INDIANA 47374 PHONE (765) 983;7266 -- PAX (76s) 962-I g08 = E-mail: Pufccl1 1 chMondj.ndiana:g0-v► . �-mall: •�ricl�mt►ndlndi�n:r.�v - : • - .: - PR E RE VEST = :. TAIS I NOT AN �IWER Reynolds PlUmbing, inc, • . + .. nd emA 1. Jauet a@• reYnoldspl mbm-grichinon. d.cM . youth ITeet Richmond, IN 473 74 DATE:'tesday, oetcber Q 19 :. :. ` This' , - .. REPLY -MUST VE IN �'uesdayi 0*ber 29, 2019 is a request fora price or quote for the services or .. . . materials described -below. Any additional Vecif cations may be attached hereto. This -is not an order and the -,Richmond `ire -Department .reserves the right- to accept all or part, or decline the. ont xe ro osal. Please Go e p p pl to your full name .address, and phone number below with s gnaturo; itemize all rites and cha rges axge r ere rec�ue$ ed; and attach explanation for an substitution to specffloations. altered. This is a Quote for Ge',ne'ral ainte ance. of Plum'hinL*'Repairs for the.. V.-car 2020,� • Blanlket Purchase order. WIII be issued for :fork ... , e most res onsive bidder WX an- 0 tiOn to rene .a nd a i v o seco d third o is . Regular Work fours - 9 :. 2. I o:arl raft . • � s t Romj�er P- Each add tlQjW hour ~ - ; Mm.im Chargg, I .-Oveme rate or specialty rates Day, OL -Saturday rate �qo per .17 Sunday xate� e.] ° . . Holiday rate.. Y:-nC�t- Material Cost Mark u � 5. Time. frame .-..� of response time , A, ate of insura. _--t-accomDa"btd,6' B f F . . - - - �yr.,�- -«-sh ror•.iraa.....+,w•.n.wa..ass..s�r• �:ra'c'