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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.