HomeMy Public PortalAbout173-2020 - Fire - Overhead Door Company of Richmond - On call maintenance - 2021AGREEMENT
THIS AGREEMENT made and entered into this CJ1 _day of , 20%(% , and referred to
as Contract No. 173-2020, 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
Overhead Door Company of Richmond, 411 NW F Street, Richmond, Indiana, 47374 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for on -call and as -needed general maintenance to the overhead doors and
openers located at Fire Stations 1, 2, 3, 4, 5, and the Izzy Edelman Training Facility for the City of
Richmond Fire Department for the 2021 calendar year. ..
Requests for Quotes were made November 4, 2020. Responses to said request are on file in the office of
the Richmond Fire Department and Richmond Purchasing Department, and. are hereby incorporated by
reference and made apart of this Agreement. Contractor agrees to abide by the -same. .
The response of Contractor dated November 5, 2020, to said request is attached hereto as "Exhibit A"
which response consists of three (3) 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 conditionscontained 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 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. 173-2020
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor at the hourly rates as described and set forth on the attached Exhibit A for the
services provided under this Agreement. The on -call services shall be billed at the regular hourly rate of
Sixty Dollars and Zero Cents ($60.00) per hour. The overtime on -call services shall be billed at the
overtime hourly rate of Ninety Dollars and Zero Cents ($90.00) per hour. The hourly rate for Sundays
and Holidays for on -call services shall be One Hundred Twenty Dollars and Zero Cents ($120.00).
Material cost markup shall be Ten Percent (10%) to One Hundred Percent (100%).
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 2020, and shall -continue in effect until December
31, 2021. The City shall have two (2) annual options to renew this Agreement, upon the same terms and
conditions, for the 2022 and 2023 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 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 Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
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 $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;
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 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 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
Page 4 of 6
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 5-2246.5, 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 parry may assign or delegate any of its rights
or obligations hereunder without the prior written consent of the other parry. 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 parries, 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.
Page 5 of 6
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..
"CITY" "CONTRACTOR"
THE CITY OF RICHMOND, OVERHEAD DOOR COMPANY
1NDIANA by and through its OF RICHMOND
Board of Public Works and Safety.' 411 NW F Street
Richmond, IN 47374
�. r�`�C -. Ax
By: B y'�
Vicki Robinson, President
Printed:: Ro na(J
Emily Palmer, Member
Title:��
Matt Evans, er
APPROVED: Date:
Davi M. Tow yor
Date: A 1 1 0 �C�►1 �JZ� _
Page 6 of 6
' I . , , Nov. 4..2020 1:15PM
No, 1087 P. 2
I
U O
CITY OF RICHKOND
PtRE DEPARTMEMT
101 SOUTH PkTHSTR13P. WCFMOND IND]ANA4737a
FROND (765) 983.7266 --I'AX (765) 962-1808
E-maiL' inurcellfre�.richmondindienn.�ow
&mail: coneilC[dric[ln�andindiann.aev
PRICE RE, OUST
THIS IS NOT AN ORDER
Overhead Door Company of Richmond
411 NTF Street
Richmond, lhi 47374
DAVE SHOW
Mayor
JEIRRY L. PURC13LL
Piro Chief
CHRIS S. 01hT1 X
AssisiantrircChid
BATE: 'Wednesday, November 04, 2020 RBPLY MUST BE IN. Wednesday, Movember 11, 2020
This is a request for a price or quote for the services or materials described below: Any additional specifications
maybe attached hereto. TI1is is not an order and. the Richmond Fire Depattrnent iesm ves the tight to aecept all
or part, or decline the entire proposal, Please complete your full name, address, and phone number below with
signature; itemize all prices and charges where requested; and attach explanation for any substitution to
specifications altered.
an
a second[ end third Fehr.
1. Regular WorkHours 7:30 a.m. - 4:00 p.m.
2. Hourly We
In Hour $60.00
Each additional hour $60.00
Minim= Charge $60.00
3. Overtime rate or specialty rates
Daily. $90.00/hour
Saturday rate $90.00/hour
Sundaynde - $120.00/hour
Holiday mate $120.00/hour
4. Material Cost mark up 10%-100%
5. Time frame of response time 24 h//o,-urs (except weekends). Usually same day.
Nov. 4.2020 1:15PM No.10.$7 P. 4
ThE Richmond Fke T?epartment reserves tlLe right to reject any and all bids, pats ofbids, or xe-solicit bids for
the sane and to waitre informalities or errois in bidding.
By: 9zuw Jl m NAME OF FILM QUOTING
June Marshall
Business Manager
Overhead Door Co. of Richmond
-411 Northwest F Street, Richmond, IN
Address
765-962-3032
Phome Number
By: Ronald L. Tinkle
authorized by
President
TWO
Date: 11/5/20
State Tarr Exemption No. 003121909-001
,Nov. 4.2020 1:15PM
No.1087 P. I
Please quote a flat rate fop all doors snd openers for service on an as needed basis. The department presently
has 25 doors and openers.
A ce�rfi�icate o `insurance must accompau bid.
,Also, ulease's n and u the attadwd Affiidavit of Emplavment Eligiitilitcr
'Verification.
This quote will cover work at all six stations attire following addresses:
Station#1 101 South 51h Street
Station #2 930 Winding Ridge Drive
Station #3 4300 Woodside Drive
Station #4 801 South L Street
Station #5 1971 West Main Street
To review the work areas or to discuss work requested please contact Chris O Neil, Assistant Fire Chief at 765-
983-0235.