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HomeMy Public PortalAbout081-2013 - Sanitary - Smarelli - Repair of Metal Roof - MateriawGPXE.ENT ORIGINAL THIS AGREEMENT made and entered into this 6jr, day of 2013, 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 Smarrelli General Contractor, Inc., 136 South 2nd Street, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to repair the metal roof at City's Materials Recycling Facility (MRF), to include replacement of all steel roof curbs, installation of proper curbs, supports, and new aluminum curbs, and removal and replacement of vents and fans. A Request for Quotes sent March 25, 2013 has been made available for inspection by Contractor, is on file in the offices of the Department of Sanitation for the City of Richmond, and is attached hereto as Exhibit "A", consisting of one (1) page, incorporated herein by reference and made a part of this Agreement. Contractor shall provide all services listed on Exhibit "A". The response of Contractor to said Request for Quotes is attached hereto as Exhibit "B", which Exhibit is dated April 23, 2013, consisting of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all services listed on Exhibit "B" in its alternative quote, and shall provide the five (5) year warranty listed. 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 22-5-1.7-1 1(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION 11. 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 111. COMPENSATION City shall pay Contractor a total sum of Ten Thousand Nine Hundred Eighty Dollars and Zero Cents ($10,980.00) for complete and satisfactory performance of the work required hereunder. Contract No. 81-2013 Page 1of6 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the 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 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 Page 2 of 6 $2,000,000 aggregate Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $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-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. Page 3 of 6 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 DISCRUvBNATION 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 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. Page 4 of 6 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 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 parry. 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 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 breacb 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. Page 5 of 6 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: Sue Miller, President , 4- C' �" Gil Klose, Vice President re s, Member Date: "CONTRACTOR" SMARRELLI GENERAL CONTRACTOR, INC_ By: I (Printed) s yr k r, i Title: 141 Date: 6 -(p APPROVED: A, Sarah L. Hutton, Mayor Date: cn Page 6 of 6 The Richmond Sanitary District is Re-questinLy Ouotes for the Re air of the Metal Roof on our Material Recycling Facili Building This building's metal roof is approximately 18 years old and over time has developed some leaks. We want to have the roof repaired and sealed as needed to make it leak proof. There are two levels to this building roof system ,%ith roof penetrations. These penetrations need to be rebooted and sealed properly. LOWER SECTION: Dimensions: 100 feet across the front/back x 30 feet down each side. Roof penetrations: (4) Four 3-inch round heater vents (3) Three 3'x 3' square exhaust vents (1) one 6-inch round heater vent UPPER SECTION: Dimensions: 100 feet across the front/back x 120 feet down each side. Roof penetrations: (2) Two 12-inch round heater vents (2) Two 4'x 4' square exhaust vents Exactb'irnensions to be determined by contractor. We will be having a pre -quote me2ggg Thursday April 1.1 2013 at 10:00am at the Administration Building Board Room. Quote will be due April 23, 2013 by 10:00am in a sealed envelope to the Board of Sanitary Commissioners. if you have any questions please call Jeff Lohmoeller at 765-983-7464 office or 765-993- 2670 cell. Thank you, Jeff Lohmoeller W WTP/Maint. Mgr. EXHIBIT_L PAGE r OF ) i PRICE REQUEST R O O 4 ' CITY OF MCBMOND 2380LM MEIiOFSANrrRNI),I THIS IS NOT :ITT ORI��Id 2384 L.18ERTYAVENUE.R1Ci�v30t�, tMlf�iA47374 . P1i0W (765) 983 7450.FAX (765) 962-2669 ..... _.--�..�._....._-Su.....�.. -._. ........... .. ... _ _ _.-m.....-.�_ ._.. _._-- �.-. . . -. �.-. _ -.. ,. it .... ..... .. ... .... _ VENDOR INSTRUCTIONS This Is a request for a price for the'services of materials SMARRELLI GENERAL described below, Any additional specifications may be CONTRACTOR., INC attached hereto. This Is NOT an order and the City re6erves the right to accept all or part, or decline the entire proposal. ATTN: STEVE SHUTE Please complete your full name and phone. number below with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to 136 S 2ND ST specifications altered. Return In a sealed envelope, In care of Richmond Sanitary District Board of Commissioners to RICHMOND, IN 47374 • the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: March 25, 2013 10:00 A.M. on April 23, 2013 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for the repair of a metal roof on the Material Regyciing Facility Building. Please see attached specifications. Please fill out the E-Verify Forms Forms_ Please include a Certificate of Insurance which must include Workers Compensation. Also include all warranty information with quote. Return the quote in a sealed envelope addressed to; Richmond Sanitary District Denise Johnson 2,380 Liberty Avenue Richmond, IN 47374 Quote Valid Until 7' (G Re: Metal Roof Repair Total Quote $ 'a There will be a Pre -Quote meeting on April 11, 2013 at 10:00 AM at the Administration Building, 2380 Liberty Avenue, Richmond, IN 47374. Questions pleasecall Jeff Lohmoeller at 765-983-7464. STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary. District BY; OF FIRM TI G: AVTIi0REZE6 BY SIGNATURE r •4zi: DATE PHONE NUMBER EXHIBIT PAGE I 4E� The Richmond Sanitary District is Requesting uotes for the Re air of the Metal Roof on our. Material Recycling Facill Building. Price Request Sheet _ RICHMOND SANITARY DISTRICT 2380 Liberty Avenue Richmond, IN 47374 Jeff Lohmoeller Office (765) 983-7464 Cell (765) 993-2670 Contractor Narne: Date: �i r 9-ee,41(!— Total Cost: Quote Valid Until: Certificate of Insurance: E-Verify: Method of Repair: Please attachment with explanation Warrantee Information: Person Submitting; Quote Name and Title: 15�jeo5 t ut o we e S V ealS EXHIBITS PAGE J. 0F a