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HomeMy Public PortalAbout084-2013 - Fire - Donley and Associates to repair 75' aerial laAGREEMENT THIS AGREEMENT made and entered into this day of AN 2013, and referred to as Contract No. 84-2013 by and between the City of Richmond, In iana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Donley & Associates Inc., 5546 Elmwood Court, Indianapolis, Indiana, 46203 (hereinafter referred to as the "Contractor"). SECTION L STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services in connection with the repair of the 75 Foot Pierce Aerial Truck ladder and ladder testing for the Richmond Fire Department (the Project). Certain requests for quotes were made on April 29, 2013, which request is on file in the office of the Richmond Fire Department. The response of Contractor to said request for quotes is attached hereto as Exhibit A, which Exhibit is dated May 3, 2013, consists of four (4) 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 H. 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 hour Hundred Thirty -Nine Dollars and Zero Cents ($15,439.00) per year 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 completion of the Project. Contract No. 84-2013 Page 1 of 5 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. INDEMN-117ICATION 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 A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate Page 2 of 5 D. Comprehensive Auto Liability Section 1. BodiIy 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 $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 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 Contractor will remain liable to the City for actual damages. SECTION VIII. MAN 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. Page 3 of 5 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 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 d. 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-ail-of which -shall-constitute-but-one-and--the-same--instrument:----------------- -- --- ------ ---- - — Page4of5 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 parry 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 In In Date: J ' 30-o APPROVED:`��" Sarah L_ Hutton, Mayor Date: "CONTRACTOR" DONLEY & ASSOCIATES INC. 5546 Elmwood Court Indianapolis, IN 46243 t By: c� 22 111 Q' C Title: r' .e- Date: Is— /0 Page 5 of 5 EXHIBIT—LV PAGE 1 of L r-aq 4<,r CITY OF RI HMOND RICHMOND FIRE DEPARTMENT FACSIMILE TRANSMITTAL SHEET ,rom 0"GARA: Brenda, Uingwexdi, Executive Sectet uy t;OMPAN`!: DATE: DONLEY SAFETY TY Monday, Apnl 29th 2013 FAX N1.1h4RRR- TOTAL NO. ON FACES INCLUDINC COVER: 3 P] IONF. NUMB R: FIRF. DF.PARTMFN7 PRONE NUMBER! 800 345 226E 765-983-7266 RIi; Y9fiB D6PARTMFlYT VAX NIUMBFR: REQUEST FOR QUOTE 765-962-1808 Q I1R(,Y4',N-I' ❑ F{7R RF1YiFW 11 PUBASE COMMENT 11 PLEASE kEPLY © PIXASE RECYCU, Nf IT-,N/COMMENTS: The company anbmi" the lowest bid, £or the required repairs, as listed in thus Est for quote, Wi11 be awaxded the bid and enter mto a contract with the City of Richmond fat said repairs. . F,; PRiES AgW BE FIRM T'HR UGH DE ER2tli3. A /j1 4, 7 v/ l�- r 3 plea,ge reVond with ynux 44UOtes, m this office, If you shodd have any quesdons, Tease feel ftee to contact this office at 765.983,7266. THIS IS NOT AN ORDER 101 SOV11`11 5rm STREET R)OiMONTa, IN 47374 EXHIBIT PAGE 2 Q Mijs. is a request r a toric+e or ae,or jbe m vices or materhds %P' y &ddWonal s f,c9tions may be dnwiled hereto. Ibis is not an order and the Righnignd Fite De axa�aa+eot reserves the r 9M 19_ACCS t � or dec ' en ' goMFete address., awd phone r &Jow with sinawmz it+�xx xa all P&es and caps where _gsluestcd;' and attac.#i_ cmLkagkon for any gubst� to ,cifleatior s altered, Please otum ain care of Ric hmo—nd_fin Mp—artment at, addr sslfa /e �dx' ;we fu,rlchmondindiana. ;Q _above_hy tie ti&ri daps and tune to be cnnsidgr d mgm otherwise spccif State Tax T?xemption No- 003121909-Ml BY: o - ...._ Breda ])ingwedh Fxe mdve Crete 2 NAME OF FMM QUOTING Donley & Associates, Inc. d/b/a Donley Safety WWm�s� AUTHORMED . Thomas O'Gara Service Manager TM,F - ; A,rE. 5/2/ 13 PHONE # 3I7µ786-2268 Fire Depaent EXHIBIT PAGE a OF Re nest for �uote for 7 5 Ft. Aerial Ladder Repairs This is a request for quote for needed repairs of our 75 foot Pierce aerial ladder. The needed repairs are as follows: 1. REMOVE FLY AND MID SECTIONS. OF AERIAL FROM VEHICLE, REMOVE RUNG COVERS, SANDBLAST 2. BOTH SECTIONS, METAL PREP AND SEAL ALL SURFACES. 3. PAINT WITH PPG PRODUCT(5 YEAR PAINT WARRANTY) 4. REPLACE RUNG COVERS AS NEEDED, SANDBLAST AND PREP BASE SECTION AND TURNTABLE. METAL PREP ALL. SEAL ENTIRE SURFACE AND PAINT WITH PPG PRODUCT, ALSO HAVING A 5 YEAR PAINT WARRANTY. 5. REASSEMBLE UNIT, LUBE LADDER, REPLACE., PADS AS NEEDED AND ADJUST_ ALL CABLES, REPLACE BAD CABLE. G. REPLACE DECALS (75' ON LADDER 7. DOCUMENTATION OF REPAIRED LADDER PASSING REQUIRED LADDER TEST. 3 EXHIBIT PAGE —�LOFu —ES TI MATE DATE: 5/3/2013 DONLEY AND ASSOCIATES, INC 317-786-8255 TERMS: NET 30 5546 ELMWOOD COURT 800-345-2268 DELIVERY INDIANAPOLIS, IN. 46203 FAX 317-780-5091 TO: lChief Rudy PRICES QUOTED ARE F.O.B. Richmond Fire AERIAL QUOTE FOR PAINTING QUANTIT . DESCRIPTION PRICE AMOUNT REMOVE FLY AND MID SECTIONS OF AERIAL FROM VEHICLE, REMOVE RUNG COVERS, SANDBLAST BOTH SECTIONS, METAL PREP AND SEAL ALL SURFACES. PAINT WITH PPG PRODUCT (5 YEAR PAINT WARRANTY) REPLACE RUNG COVERS AS NEEDED, SANDBLAST AND PREP BASF SECTION AND TURN TABLE. METAL PREP ALL SEAL ENTIRE SURFACE AND PAINT WITH PPG PRODUCT ALSO HAS 5 YEAR PAINT WARRANTY. REASSEMBLE UNIT, LUBE LADDER, REPLACE PADS AS NEEDED AND ADJUST ALL CABLES. REPLACE ONE CABLE REPLACE DECALS (75') AT NO ADDITIONAL CHARGE SUB TOTAL 1$14,879.001 Ladder Test by American Ladder Testing 1 $560.00 $560.00 TOTAL DONLE-1 OP ID., SM r ' �ioM CERTIFICATE OF LIABILITY INSURANCE °A o 213 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 317-852-2245 Homeown Insurance 9 N t Green St.. 317-852-3464 Brownsburg, IN 46112 Ken Krohne COAME:NTACT N WC.No rank E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC INSURER A:CSU Producer Resources, Inc. INSURED Donley S Associates Inc 5546 ELMWOOD CT INDIANAPOLIS, IN 46203 INSURER a. The Cincinnati Insurance Cos INSURERc: INSURER D - INSURER E : INSURER F: ......... . rn»GRACFc rIPRTIFIraTr- NHMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POUCY fAmop yy MMNDDNYYY LIMas A GENERAL LIABILITY X COMMERCfAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR CSU0032280 11/13/12 11113/13 EACH OCCURRENCE $ 4,ma,an 'REMISES Ea occurrence $ 100,00 MED EXP (Anyone person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC PRODUCTS-COMPIOPAGG $ 2,000,00 S B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS IAUTOS AA6218157 11/43112 11113/13 COMBINED aiderrt) LE LIMIT $ 1,000,00 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTYDAMAGE Peraccide $ A X UMBRELLALIAB EXCESS LiAB X OCCUR CLAIMS -MADE CSU0032323 11I13112 11/13/13 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ DED I X I RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE Y❑ OFFICERIMEMBER EXCLUDED? (Mandatory InNN) If yes, describe under DESCRIPTION OF OPERATIONS below N f A C2123518.02 12117/12 12117113 OTH WG STATU- - X TO ER E.L. EACH ACCIDENT $ 500,00 - E.L.DISEASE-EAEMPLOYE $ 500, E.L. DISEASE -POLICY LIMIT $ 500,00 BPP 20,00 DEDUCT 1,ODI DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) rr=RTiptraTr= 44n1 r1FR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOM ---------RICHMO.ND-.FIRE-DEPARTMEWT-----------------------------------._.- - — - ------------- THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNER� IN --- - 101 S STH STREET RICHMOND, IN 47374 AUTHORIZED REPRESENTATIVE d 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD Inarne and logo are registered marks of ACORD