Loading...
HomeMy Public PortalAbout139-2012 - Sanitary - Myers Mechanical - Dehumidifier system ShAGREEMENT ORIGINAL THIS AGREEMENT made and entered into this J-3 day of , 2012, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Meyers Mechanical Corporation, 610 NW 2nd Stireet, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to furnish and install a desiccant dehumidifier system at City's Short Creek Lift Station, as specified. A Request for Quotes was sent out September 28, 2012, has been made available for inspection by Contractor, is on file in the office of the Sanitation Department, is attached hereto as Exhibit "A," consisting of one (1) page, 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 dated October 9, 2012 is attached hereto as Exhibit "B", consisting of three (3) pages, and is hereby incorporated by_.reference and made a part of this Agreement. Contractor shall provide all requested equipment, services and warranties listed on Exhibit "B" (base bid). 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 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 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 Fifteen Thousand Seven Hundred Thirty -Nine Dollars and Zero Cents ($15,739.00) .for complete and satisfactory performance of the work required hereunder. Contract No. 139-2012 Page I of 5 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 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. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or properly 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 Page 2 of 5 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,0.00,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 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 prograrn 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 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. 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 Page 3 of 5 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-I, 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 performm 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; 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 IX. 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 course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. 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 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 Page 4 of 5 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 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" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: Richard Bodiker, President Date: 1e, "CONTRACTOR" MEYERS MECHANICAL CORPORATION By: —4 /� Printed: Title: APPROVED:] O1 Date: Sarah L. Hutton, Mayor Date: ✓'10 V / Zt Page 5 of 5 REQUEST FOR QUOTES The Richmond Sanitary District will be requesting quotes for the replacement of a desiccant dehumidifier system at our Short Creek Lift Station. The previous dehumidifier was a Bay -Air System. The contractor will be furnishing and installing this unit. Short Creek Lilt Station: • All Floors are 24 feet x 20 feet • 1" -- ceiling 10' high • 2nd — ceiling 8' high • 3�d — ceiling 8' high • Basement — ceiling 11.5' high Power available is — 480 - 3 phase — two with 20 amp breakers, I with a 30 amp breaker. The other is 240 — single phase. This will need breaker in panel Existing Inlet Size — 4 — inch Existing Outlet Size -- 4 — hich Scope of Work: • Size Unit Correctly according to Cubic Feet and Voltage • Submit quote to Board of Sanitary Commissioners • Board Approves Quote • Contract is signed and PO is given contractor • Order Unit and all Material Needed to perform project • Install unit and Test • Clean up Area • Train Crew on new System IEEXHIBig' PAGE I�OF-J- PRICE REQUEST aw on Wapp)M, 2380 LIE Ai,�k 47374 THIS IS NOTAN ORDER PHQN,E (765) 993-7450ir-AXT765) 9&-2669 VENDOR. INSTRUCTIONS NSTRUCTIONS' This. Is a request -for A pde- fbi tha geivIc6is.of materials des6ribed �beldw, Any :9401tional: speeffit Iqqs may °bw Meyers Mecliaiiical Corporation attached hereto. ThW, k'NOT an,drder ind,the City reserves' the. right to aftepfall�;6f part; or decline the entire proposal: , 610 NW 2"' Str4Ze�t ptewsp. completeyr hill name and phone. number, below vilth. sianature, Itvnlze all. pnkos. .and .0argd.0 WWO, Ric1miWid, IN 47374 requested, and Attach tiny OplahaWn for any substitution ; - to: I§Pbcirfcatfqns 61t6rdal. Reft'&o iri,� sealed envelopej in care of ATT.N;%.BQb WyOt IRI, ch na qnd Sanitary 6str Ic t Board Of Ccimmfssidnets to 'ffie. admInlistrafforr bo'llding it the a0d.rdgs -bbprve bythe. specified date god-tirne to be considered. DATI, IiEpmY"MUAT BE W:13y: PAYMENT TERMS DELY Y REOMED: RER sgptemfier 28, 2012 8. 2012 UPONRECE)PT OF INVOICE. EkFzUV rERED DECRJPTION Tbis ]sa request for qubtes-for purchasing gnd installing a,Ed . Warit d6hurf jdiqp�e.-i�y.stijm.e-Shoit.Cre6k:LgtSt�ifio'n. Please see attached spe if .. .. tions.Ple qe: fill out_ihO E.,_'V­,orjfV Forrins..-and Indianit LOOM: Preforeftoe Val m—Forms Please 4qrlude a CQ . dificAte oflosUrpride WhiCh most irtbJudo, W otkdts Cornpbrilj�6f 6n.. Also include all warranty ihformption with quole 'a Return the quote inseated:envel(?pe:addrePE;edr.to: KiqhMdL1jd SAhit6r-y'Qj9,trjPt Renjap Johnson; 2390 LibertkAvbhue Richmond, IN 47374 Re: Do.humidirrerSotem QUdt6 Vdlid: Until. Pt dubte 6.e: dt'. Athed QuestionsPlease calf Jeff. Lphtppojor gi -.76 -983-7464. ftbmwd $a6ry Dish df NA 1� P P(P, '000'q" M b M., lkeyj�,ts.- �4,4ih 'irbal C6 & A-P - .... 11.. .. rp Or tj-,O:ft 10-, 2 765� 9 66-,w-'0541, DAY . S 'FROOE WMPJER EXHfBiT PAGE j _OF3 Atin, Denise Johnson Roz.Supplemental Bid Pqr..M: FO-T Shott Crook Lift Station Desiccant Dehumidifior Rdplacetneht Project Dear Ms Johnson Ref the bid pack::ditrlbute-d to us we.are pleased .......... 6,739.00 (Fifteen `tt otasancl;sever .hundred thirty nine dollars -and no cents) for the abbV6 mentioned project Base Bid... ......... -3 j1...--.,-,...�V-�­... I-.. ............................ .......... $16j- 9-00 Alternate AddFor -weather Proof Construction Of Unit,31"686.00 Alternate 13,.. ........................... Add For Fact ory Sfort Up ..................... $4,!W..00 Our Orice Includes: o ReMove, existing unit from Opilding 4 Supply and install BRYAIR :Model MP415 to Tep.11-1ce existing as roulted • Connect new unit to eAstin 4""IntAke and &h6Ust pipes. Run new electrical %OeNip# frQm.existin q.6.16.6tripal panel on ground floor and connect to now unit. Standard I Year parts and titbor wartanty OUrprice does not incluft. • Sales tax Weather proof -ponstruttibn of unitunless option ia:.dhosen: and ,Price .Ad..d..0d to total or Factory start upofgnit unless aptions.6ho0n: and to t ot,61: Explosion proof installation 4 Removal of hazardous Waste of _apyr Xind. -Our,proposal is teased on r6giJlarworkhg hoursMonday-Friday 1.00 A.M. to. 3"30 Rrkll, If YoQ. haw any 404stidtis �orrcohimdhts -please conta.pt our ,:ofri(*- Sincerely Sob:,Me'.ers Presider Rob* jlilmh­lngiT�P�pjng iitdit a;t'tuttabitng Up euse S106.49U P,jbhio fl'untbing 'tkpp�o-�qMO�O.4 .,03 4 TtL1e.Kg qSprOce EXH1131T-a_ PAGE 2 OF_Z, Short Creek Lift Station Desiccant Dehumidifier Replacement Project Price Request Sheet Contrar,torName: Meyers Mechanical Corporation Date: 10-9-2012 Cost of Project: _ 15,739.00 - - - - --_ _- Length of Project: 5 _Days Quote Valid Till: 11-9-2012 Certificate of Insurance: Attached E-Verify: At: tarn¢ d Indiana Local Preference: Attached RICHMOND SANITARY DISTRICT 2380 Liberty Avenue Richmond, IN 47374 Jeff Lohmoeller Office (765) 983-7464 Cell (765) 993-2670 EXHIBITS PAGE,S,�OF�