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
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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
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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