Loading...
HomeMy Public PortalAbout093-2023 - Saftey Tech Inc. - 3 year contract for fire system inspection at Landfill AGREEMENT THIS AGREl,EMENT made and entered into this /34i- day of ,\Itie.,r_ 2023, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (referred to as the "City''), and Safety Tech, Inc., PO Box 6.16, 30 East.7th Street, Lapel, IN 46051. (hereinafter referred to as the "Contractor"), SECTION 1. STATEMENT.AND SUBJECT OF WORK City retains Contractor for one (1) annual inspection, cleaning and testing of.RSD's fire alarm, sprinkler system and fire extinguishers; and two (2) semi-annual inspections, cleaning and testing of RSD's flammable storage building located at the New Paris Pike Landfill for a period of three (3)years. City sent a Request for Quotes on or about March 22, 2023, seeking quotes for the inspecting, cleaning and testing of RSD's sprinkler and fire alarm system and the flammable storage building, all located at the New Paris Pike Landfill. The response of Contractor to said Request 1.7or Quotes is attached hereto and incorporated by reference herein as Exhibit"A", The Contractor shall furnish all services necessary for the proper completion of all work specified. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. No performance of services shall commence until the following has been met: .1. The City is in receipt(daily required certificates of insurance and/or warranties; 2. The C'ity its in receipt of any required affiday.it(s) signed by Contractor in accordance with § 22-5-1.7-1 1(a)(2), and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS 01 'ONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. 1.1he Contractor shall provide,. at its own expense, competent supervision of the work. SECTION lIE. ('OMPENSATION City shall pay Contractor at the rates indicated in Exhibit"A". SECTION W. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue iii effect until to and including the date representing three years following the execution of this Agreement. The Agreement shall automatically be renewed each year, unless, by written notice more specifically set forth in this Section below, is issued by either party to the other. t e jsi r/Pla No. -Jo.23 Contract Number 93-2023 Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time belbre the delivery of the vehicle described above specifying 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 proles4onal standards in any material respect; c. ine:ITective 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. unavaikibility of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement 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 either the City or the Contractor, without cause, hy giving at least thirty (30) days written notice to the other party. In the event of temnnation of this Agreement, 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. SECTION V. INDEMNIFICATION AM) 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 LAmits 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 $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Ijability Section 1.. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage S1,000,000 each occurrence E. Comprehensive Umbrella Liability. $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 aggregate SECTION VI, COMPLIANCE wail 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 22-5-1.7-1.1. (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 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITfES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event .Board determines during the course of this Agreement that this certification is no longer valid, Board shall notify Contractor 3 I 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 Board that the Contrackyr has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-1.6.5. In the event the Board 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 Board 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 In Indiana ( ode 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 ar 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 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 milder 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 he canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or a:ny 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 which may arise in the cotti-se of Contractor's performance of its obligations pursuant to this Agreement. 4 SECTION XL .MISCEITANEOUS 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 tiling 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 ruay 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. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall he 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 Agreewient 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. 5 I "CITY" -CONTRACTOR" The City of Richmond, Indiana, by and Safety Tech, Inc. through its Board of Sanitary Commissioners By: Miller, President (Printed): -.. <2S0 in .13 4 Dated: 02-C)d-Z Title: V Cr Pr ;de Am-a-11-1Takshi, Vice President Dated: Dated: 6/2-3/2-2 o Grek-Ste , Member J-3 Dated: APPROVED: _ • Sno , Dated: 7:3 6 afet C Inc. Quote 230323JH1 P.O. Box 616 30 East 7th Street Lapel, IN 46051 765-534-4309 24hour 765-534-2000 Fax March 23, 2023 CITY OF RICHMOND 2380 Liberty Avenue Richmond, IN 47374 Attn:Jeff Lohmoeller Subject: Richmond Sanitary Landfill Fire Alarm, Sprinkler and Flammable Storage Service Inspections-2023 Dear Mr. Lohmoeller, We at SafetyTech,Inc.are pleased to provide a quotation for the Fire Alarm,Sprinkler and Flammable Storage Inspections at the Richmond Sanitary Landfill.The system components will be inspected,cleaned and tested In strict accordance with the guidelines and code requirements sot forth by the National Fire Protection Association and Equipment manufacturer. Pricing based upon a 3 year maintenance agreement. Price: AP I StOrvice • Fire Alarm $260 • Fire Sprinkler $250 • Flammable Storage: $250 • 28 annual fire extinguisher Inspections $133 • Total for Annual Services: $883 §prrif-Annual Service Visit: • Flammable storage: $250 • Total for Semi-Annual Services: $250 Yearly Cost All Services $1133 per year Monitoring: Analog:$25/month GSM:$35/Month X Note:Pricing does not include repairs of any deficiencies found during inspections, Emergency Service request are invoiced on a time plus material basis at our current contract rates as follows: Standard Labor Rates For Accounts Under Maintenance Package: Standard Rate: 8:00 a.m.through 5:00 p.m. Monday through Friday $145.00 per hour, per fire alarm technician (Labor&Travel) $115.00 per hour, per fire extinguisher technician (Labor&Travel) $45 Truck Charge Premium Rate: After-hours, nights,weekends, and holidays $217.50 per hour, per fire alarm technician (Labor&Travel) $165.00 per hours, per fire extinguisher technician (Labor&Travel) $45 Truck Charge F-H-11311-Tr--PAGE lit---0-F7E We at SafetyTech, Inc.will do what Is necessary to exceed all your expectations. Thank you for the portunity, Jason Hight SafetyTech,Inc. T: 765-534-2000 C:765-617-1858 e-mail: Ihioht@.safebitech.us AT_P-Aa OF:1.1