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HomeMy Public PortalAbout053-2013 - Fire - Phil Engle dba Special Mechanical, LLC for HVAGREEMENT THIS AGREEMENT made and entered into this _,�Jyday of , 2013, and referred to as Contract No. 53-2013 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 Phil Engle, dba Specialized Mechanical LLC, 1528 NW 5a' Street, Suite 019, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide necessary maintenance for the heating and air conditioning (HVAC) systems located at Richmond Fire Stations 1, 2, 3, 4, 5, and 6. Certain requests for quotes dated December 5, 2012, have been made available for inspection by Contractor, are on file in the offices of the Chief of the Richmond Fire Department for the City of Richmond, and are 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 is dated December 11, 2012, consists of five (5) pages, and is also hereby incorporated by reference and made a part of this Agreement. 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. 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 IT. 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 sum not .to exceed Three Thousand Four Hundred Fifty-four Dollars and Twenty-four Cents ($3,454.24) for complete and satisfactory performance of the work required hereunder for -the 2013 calendar year. Contract No. 53 -2013 Page I of 5 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective on January 1, 2013, and shall continue in effect until December 31, 2013. Both parties expressly agree that two (2) options to renew this Agreement for a second and third year shall be retained by the City upon the same terms and conditions of this Agreement for the 2014 and 2015 calendar years at the same compensation sum per year as set forth in this Agreement. 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; 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 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 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 Page 2 of 5 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 $1,000,000 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-VEREFY 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 this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the 4Contractor will remain liable to the City for actual damages. SECTION VIII. HUN 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 detennines 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 Page 3 of 5 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: I . 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 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 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 parry 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. Page 4 of 5 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 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 Public Works and Safety By: Vicki Robinson, President "CONTRACTOR" PHIL ENGLE DBA SPECIALIZED MECHANICAL LLC 1528 NW 5`' Street, Suite 019 Richmond, IN 47374 er.� By: Title: d tJd1iC-41Z, Dian Lawson, Member By: Date: Anthony L. Ooster,1I, Member Date: �,21-a APPROVED: Sarah L. Hutton, ayor Date: �/4 Jr Page 5 of 5 Specialized Mechanical, LLC PO Box 1293 1528 NW 5th Suite 019 Richmond IN 47375 Name 1 Address Richmond Fire Department 101 South 5th Street Richmond, IN 47374 EXH)BIT PAGE 1 QF Estimate Date Estimate # 12Ai/2012 32 RECEIVED Richmond Fire Dept. Project Description Qty Cost Total we hereby propose to perform the labor necessary for the 1,429.24 1,429.24 completion of Spring and fall service for HVAC equipment at Richmond Fire Department # 1 All work is guaranteed to be as specified and the above work to be performed in accordance with the drawin s and specificationssubmitted for the above work and completed in a substantial workmanlike manner, All work to be performed during regular business hours for the sawn of: One Thousand ,Four hundred and Twenty Nine Dollars and Twenty four Cents Sales 'Fax 7.00% 0.00 Total $1,429.24 Customer Signature EXHIBIT CA -PAGE Ow : Specialized Mechanical, LLC PO Box 1293 1528 NW 5th Suite 019 Richmond IN 47375 Name / Address Richmond Fire Department 101 South 5th Street Richmond, iN 47374 Estimate Date Estimate # 1211I/2012 29 RECEIVED RicInmond Fire Dept. Project Description Qty Cost Total We hereby propose to perform the labor necessary for the completion of: Spring and fall service for HVAC equipment at Fire Station #2, 43, #4, #5, #6. Note: Baseboard heaters at each location: 2 - unit heaters @ #2, #3, #4, and #6 4 - unit heaters @ #5 Brush fire side of boiler #4 Note: Pleated air filters are $4.61 each if needed - Price includes tax. All material is guaranteed to be as specified and the above work to be performed in accordance with the drawings and specifications submitted for the above work, and completed in a substantial workmanlike manner. All work will be.performed during regular business hours for the sum of Two Thousand Twenty Five Dollars 2,025.00 2,025.00 Sales Tax 7.00% 0.00 Tota l $2,025.00 Customer Signature EXHIBIT PAGE `2) OF':� CITY OF RICHMOND SALLY L. H=ON Mayor WCHAEL CRAWLEY Fire Chief JARED RUDY Assistant Fire Chief FIRE DEPARTMENT 101 SOUTH FFTH STREET-RICHMOND, INDIANA 47374 PHONE (765) 993-7266 — FAX (765) 962-1808 E-mail: mcrau levrQ?riehmondindiana,acn- E-mail: irudvta)richmondindiana Nv PRICE REQUEST THIS IS NOT AN ORDER DATE: Wednesday, December. 05, 2012 REPLY MUST BE IN: Wednesday, December 12, 2012 This is a request for a price or quote for the services or materials described below. Any additional specifications may be attached hereto This is not an order and the Richmond Fire Department reserves the right to accept 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. Please note: If any repairs to be made -are in excess of $100.00 during the duration of a contract an additional request for bid may be made Bid must be submitted to the Richmond Fire Department 101 South 50`, Street, Richmond, IN by Wednesday. December 12, 2012 by 4:00 p.m. YOU MUST INCLUDE A CERTIFICATE OF INSURANCE AND WORKERS COMP. WITH YOUR BID ALONG WITH AN AFFIDAVIT OF EMPLOYMENT ELIGIBILITY VERIFICATION This is a quote for General Maintenance of Heating and Air Conditioning Repairs for the Mar 2013. A BIA.i&et Purchase Order will be issued for 2013 to the most resiponsive bidder. EXHIBIT PAGES . 1. Regular Work Hours 7,',90 w: `740 2. Hourly rate 1" Hour Each additional hour i Minimum Charge r� 3. Overtime rate or specialty rates Daily Saturday rate Sunday rate and Holiday rate 4. Material Cost Mark up .j 5. Time frame of response time �L �A— - 6. Spring/Fall Start up of individual systems and changing of filters "with pleated filters„ This quote will cover work at five stations at the following addresses: Station #2 930 Winding Ridge Drive Station #3 4300 Woodside Drive Station #4 801 South L Street Station #5 1971 West Main Street Station #6 1501 N.W. 5th Street Contact .fared Rudy, Assistant fire Chief at 765-983-7266 to review the work areas or to discuss work requested. EXHIBIT PAGE OF The Richmond Fire Department reserves the right to reject any and all bids, parts of bids, or re - solicit bids for the same and to waive informalities or errors in bidding. This bid, if awarded, could result in the option of renewing the contract for an additional 2nd and/or 3Fd year. By: Sge► da O Brenda Di r4werth Executive Secretary NAME OF FIRM QUOTING J 5`a8 AJ 14 5 k" 54-e (91 Address Phone Number a By: -BW Authorize by © N e(L Title Date: State Tax Exemption No. 003121909-001