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HomeMy Public PortalAbout098-2020 - Perseponko PaintingAGREEMENT THIS AGREEMENT made and entered into this 10 41, day of , 2020, and referred to as Contract No. 98-2020, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Aviation Commissioners (hereinafter referred to as the "City") and Perseponko Painting, 3559 Boston Township Line Road, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the painting of certain structures located at the Richmond Airport (the "Project"), with the structures as more specifically described on Contractor's submitted quote (Exhibit A to this Agreement as described below). Requests for Quotes were made July.11, 2020. Responses to said request are on file in the office of the Richmond Airport, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor dated July 13, 2020, to said request is attached hereto as "Exhibit A" which response 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 furnish all labor, material, equipment, and services necessary for 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; 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 lI. 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. 98-2020 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a total amount not to exceed Three Thousand Seven Hundred Thirty-seven Dollars and Zero Cents ($3,737.00) for satisfactory performance of this Agreement. 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 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. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said, event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force- majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. Page 2 of 6 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 A. Worker's Compensation & Disability Requirements B. Employer's Liability C. rol Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits 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 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 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. Page 3 of 6 SECTION VII. 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: 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; 13. 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 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 VIII. 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 arf 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 Page 4 of.6 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 IX. 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 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. 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 Page 5 of 6 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. 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. i= "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Aviation Commissioners Dave Stevens, President Date: % 0 - J 4= "0 - -� o "CONTRACTOR" PERSEPONKO PAINTING 3559 Boston Township Line Road Richmond, IN 47374 Printed: a a APPROVED: David now, o Date: 4 Date: �(La-3>zac) Page 6 of 6 Perseponko Painting L.L.C. 3559 Boston Township Line Road Richmond, IN 47374 I Purchaser/Address CITY OF RICHMOND RICHMOND MUNICIPAL AIRPORT ATTN: RODNEY MAYSE 5169 SOUTH ST. RD.'227 RICHMOND, IN 47374 Proposal Michae!Perseponko ovner/Dperater Email c Perseponkapaindng@ymgih .corn Phone: (765)966-8024 Dale., Estimate 0 7/13/2020 AirportWID1. Customer Phone Customer Fax 765-993-4139 Mobile. 765-966-7980 Customer E-mail rmayse@richmondindiana.... IIWe the owners of the premises described above authorize Perseponko Painting L.L.C. to furnish all Material and LaborNecessary to paint or improve the p.r mises:in a good workmanlike and substantial manor according to the following terms specifications and provisions. Description Amount: Wind Director Three Sided Sheet Metal Scrape,.sand, prime as needed, "apply (2) top coats in a white.and bright.orange, checkered pattern (Squares), same as existing colors. Material & Labor I,172.60 Exterior Main Building - Previously Painted Beige. Trim Clean, scrape, sand, caulk, and prime raw area's -or stains as needed, apply :(2) top coats in a satin (2) tone color scheme, black & gray. Area's Include: (3)-Section Windows With Awnings & Soffit Metal Flashing Ab"ove Entry Roof Downspouts Plate, Covers Outside Brick (1).Section Windows With Awnings and Soffit Entry Doors & Frances (Side Facing Out) Upper East Side - Corrugated Metal Metal Flashing- Bottom Of.Upper East Side.Half Wall Upper East Side Windows Material & Labor 2,565,00 Payment: Down Payment 50°/u Remaining.Balance due upon completion of work Acceptance: This contract is approved and accepted [ (we) understand there are no oral agreements 'orunderstandings between the *lies o this agreement. Changes in this. -agreement shall be done by written change order only and with the express approval of both parties. Change my incur'additional charges. Signature 1l XHIBIT FAGS OF Date Signature EXI 4M I f GL 7-_ Date 'This contract may be: withdrawn.afier 30 daysif not approved by both parties. Page 1 EXHIBIT A- PAGE 1 OF �— --90 Perseponko Painting L.L.C. 3559 atton Township Line Road Richmond, I7V47374 :Purchaser7Address CITY OF RICHMOND RICHMOND MUNICIPAL AIRPORT ATTN: RODNEY MAYSE 5.169 SOUTH ST RD. 227 RICHMOND, IN 47374 Proposal Michael P..erseponko Ow+ter/Qperater Email.: Pergeponkupairiting@a ymail. coin Phone. (765)966-8024 Date° Estimate>t! 711312020 Airpo,IWIDI' Customer Phone Customer.Fax 765-993.-4139141obi.le 765-966-7980 Customer E-mail rmayse@richmondindiana ... Payment: Down.Payment 50%. Remaining Balance due upon completion ofwork Acceptance: This contract is-approved'and accepted...I (we) understand there are no oral agreements or understanding& between the parties this agreement. Changes in this agreen.ient shale be done by written change order only and. with the ex my incur additional charges.. press approval of both parties. Change: Signature. jEXE-flBiT pAOF OFi Date .Signature ! i XHIBiT — PAGE _ O _ Date *This contract may be withdrawn after 30 days f not approved o both parties. Page 2B'4�B�T�0� �OE'