HomeMy Public PortalAbout150-2023 - Fire - Wallace Heating & Air - Installing a new Air Unit AGREEMENT
THIS AGREEMENT made and entered into this 67C "day of' 2023, and referred
to as Contract No. 150-2023 by and between the City of Ricl ond, Indiana, a municipal
corporation acting by and through its Board of Public Works and Safety (hereinafter referred to
as the "City") and Wallace Heating and Air, Inc., P.O. Box 3, New Paris, Ohio, 45347
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish and install a new high-efficiently inverter multi-zone
heat pump with three (3) ductless indoor heads (Equipment) in the bunk room at Fire Station No.
4 for the City of Richmond Fire Department (the Project). The project includes removal and/or
demolition of the broken air conditioner unit, perfoiniance of associated ductwork services, and
services to patch all associated holes in the walls.
A request for quotes was made July 25, 2023, which request has been made available for
inspection by City, is on file in the office of the Fire Chief for the City 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 is attached hereto as Exhibit A,
which Exhibit was received August 4, 2023, 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.
Contractor shall not modify or alter any standard warranty from the manufacturer of the above
described Equipment_ Nothing contained herein shall prevent Contractor from providing any
additional or supplemental warranty in addition to that provided by the Manufacturer. Further,
Contractor shall provide City with copies of its warranty upon receiving a written or verbal
request to receive such warranty.
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.
The Contractor shall furnish all labor, material, equipment, and services necessary which are
incidental to the proper completion of all work specified. City shall furnish the flooring
materials and shall have the areas empty of furniture and cubicles.
Contract No. 150-2023
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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 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.
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Nine Thousand Five Hundred Fifteen Dollars
and Zero Cents ($9,515.00) for complete and satisfactory performance of the work required
hereunder.
SECTION IV, TERM OF AGREEMENT
This Agreement shall become effective upon complete execution of this Agreement and shall
continue in effect until satisfactory delivery and acceptance of the Equipment and until
satisfactory 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 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;
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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.
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.
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
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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
S1,000,000 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.
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
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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 22-9-1-10, 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:
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 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 Ag:eement, a penalty of five dollars ($5.00) for each person for each calendar
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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.
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.
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
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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, WALLACE HEATING AND AIR, INC.
INDIANA by and through its P.O. Box 3
Board of Public Works and Safety New Paris, OH 45347
By: / By
: t
Vicki Robinson, President
)
101/By: Printed:
Emily 13' mer Member
(By: Title: y (A101 -
..
Matt Evans, Member
Date:
21 -A -2 Date: A,2J,, 1)1:3
APPROVD:
'Davi M. S no May4 r
Date: 67(4 0/7,7
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Wallace Heating and Air Inc
„ . . .
New Paris, OH 45347
937-437-1111
1HEATINGA AIR
office2@wallaceheatingl.corn
GicPriTriliqAT
waIlaceheatingl.com
ESTIMATE
ADDRESS SHIP TO
TUNE MARSHALL JUNE MARSHALL
RICHMOND FIRE DEPARTMENT RICHMOND FIRE DEPARTMENT
101 S 5TH ST 801 S L ST
RICHMOND,IN 47374 RICHMOND, IN 47374
ESTIMATE 4 DATE
Q29306 07/31/2023
SALES REP PHONE NUMBER
PAUL WILSON 765-969-9665
DESCRIPTION AMOUNT
INSTALL NEW COMFORT-AIRE 36K II IU HIGH EFFICIENCY INVERTER MULTI-ZONE HEAT PUMP
INSTALL 3 DUCTLESS INDOOR HEADS,2- 18K BTU FOR SLEETING AREA, 1-9K BTU FOR
BATHROOM
SET OUTDOOR UNIT ON ROOF
INSTALL 2 WIRELESS REMOTE THERMOSTATS
RUN ALL DRAINS AND LINESETS
REMOVE OLD EQUIPMENT FROM J03 STFE
DEMO OUT SPIRAL DUCT AND PATCH HOLES WITH SHEET METAL
TOTAL,: 9,515.00
THANK YOU FOR CONSIDERING WA:LACE HEATING&AIR,WE APPRECIATE THE OPPORTUNITY
TO QUOTE YOUR UPCOMING HVAC PROJECT. SHOULD YOU HAVE QUES'FIONS OR CONCERNS
REGARDING THIS QUOTE,PLEASE DO NOT HESITATE TO EMAIL,CALL THE OFFICE OR CONTACT
PAUL DIRECTLY Al'765-977-8270.
HALF DOWN PAYMENT VIA CASH,CHECK,CC,OR BANK.TRANSFER DUll UPON ACCEPTANCE
OF THIS QUOTE,BALANCE DUE AT TIME OF INSTALL
*HALF DOWN PAYMENT SERVES AS CUSTOMER ACCEPTANCE AND AGREEMENT To PAYMENT
TERMS OF THIS QUOTE.
WALLACE IEATING&,CIR IS NOT RESPONSIBLE IIOR THE FOLLOWING: TOTAL '$1%515491
INCLUDING BUT NOT LIMITED TO-DAMAGE DUE TO WORK PERFORMED
IN ATTICS,CRACKS'NAIL POPS AND LEAKS ON EXISTING BOILER PIPING.
PRICING IS STANDARD WORK HOURS,0,./Far IME LS NO I INCLUDED,
Accepted.113y
Accepted Date
Payment due at time of service unless a pfiof agrecmcnt lINS been made.Unpaid balances 511111 Mc Ur a monthly fee of the cllifent national ii,1=4—LelLta
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CUSTOMER INITIALS r
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