Loading...
HomeMy Public PortalAbout120-2007 - RFD - Preventive MaintenanceAGREEMENT THIS AGREEMENT made and entered into this _6t' day of _December , 2007, by and referred to as Contract No. 120-2007 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 Preventive Maintenance Services: Pedro Feliciano, 129 South 5tn Street, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for the general maintenance and repair of all Fire Department Apparatus, Fire Department vehicles, and other miscellaneous maintenance repairs to firefighting tools. This shall include, but not be limited to the following: (a) Maintenance and repair of Fire Engine 1, 2, 3, 4, 5, 6, Rescue Vehicle, Truck II, stand-by I, stand-by II, Special Ops, Snow Plow, Reserve and Fire Department vehicles. (b) Creation and maintenance of maintenance records of all City equipment serviced by Contractor, which records shall at all times be available to, and the property of, the City. (c) Provision of the following: (1) All parts and labor to maintain the listed equipment in a safe and serviceable condition. (2) Written itemized documentation for all parts and services as the jobs are done. (3) An itemized list of major repairs which might require future budget appropriations. A Request for quotes has been made available for inspection by Contractor, is on file in the offices of the Purchasing and Fire Department, 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 is attached hereto as Exhibit A, which Exhibit is dated January 31, 2006, consisting of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all equipment and services listed on "Exhibit A." On March 6, 2006, City and Contractor entered into an Agreement, Contract 12-2006, which granted City a second and third year option to renew. City, exercised its second year option to renew Contract No.12-2006. City, by way of this Agreement, Contract No. 120-2007, hereby exercises its third year option to renew Contract No.12-2006. City and Contractor's Agreement to the one (1) year extension is attached hereto as Exhibit B which Exhibit is dated November 12, 2006, consists of one (1) page, and is 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 for the proper completion of all work repairs fewer than Two Thousand Dollars and Zero Cents ($2,000.00). Contract No. 120-2007 Page 1 of 6 No work shall commence until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION IL 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 as follows for complete and satisfactory performance of the work required hereunder: (1) Thirty -Nine Dollars and Zero Cents ($39.00) per hour for labor regular hours (Monday through Friday 8 a.m. to 4:30 p.m.) (2) Thirty -Nine Dollars and Zero Cents ($39.00) per hour for labor performed outside of regular hours. (3) All parts will be provided at a mark-ups as follows: (a) Zero to Three Hundred Dollars ($04300.00) not to exceed fifteen percent (15%); (b) More than Three Hundred Dollars ($300.00) not to exceed ten percent (10%). ADDITIONAL PROVISIONS: A. Contractor shall obtain verbal approval from the Fire Chief or the Fire Chiefs designee for: (1) purchase of parts which are estimated to be more than Three Hundred Dollars ($300.00); (2) any repairs which are estimated to be more than One Hundred Dollars ($100.00), but less than Three Hundred Dollars ($300.00); (3) repairs for Fire Station 4. B. City shall provide a telephone for Contractor to use to contact part supply companies regarding parts for the City at no cost to Contractor. C. Contractor shall obtain written approval for any City -required specialty training courses. The City will pay for City -required courses and limited accommodations associated with the courses. SECTION IV. LEASE OF SERVICE SPACE FROM CITY Contractor shall lease two (2) service bays and office space at Fire Station No. 4, 801 South 81n Street, Richmond, Indiana for One Dollar ($1.00) per year. The location of the leased bays and office area are illustrated in the cross -hatched area of Exhibit B attached hereto and hereby incorporated by reference. City shall retain the right to make reasonable rules for use of the leased areas, and shall provide Contractor with thirty (30) days notice prior to said rules taking effect. The City may institute reasonable rules immediately if necessary for the efficient operation of the Fire Department. Contractor shall provide insurance on its own equipment and tools and hereby agrees to release and hold harmless the City from any liability for negligence associated with the loss, damage, or theft of tools or equipment owned by Contractor. Contractor will be responsible for the cleaning and maintenance of all leased areas. City shall at all times have access to the leased premises, which premises shall be returned to the sole possession of City at the end of this Agreement. Page 2 of 6 Contractor may not sublease any of the leased premises. All improvements to the leased premises made by Contractor shall become fixtures and shall remain for the benefit of City. Contractor agrees to indemnify the City from liability to third parties which may arise due to Contractors use of the leased premises. SECTION V. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until December 31, 2008. 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 excluding time allotted for the order of custom parts and other parts availability; 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 VI. 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 Page 3 of 6 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 Section 1. Bodily Injury $300,000 each occurrence $300,000 aggregate Section 2. Property Damage $100,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $300,000 each person $300,000 each occurrence Section 2. Property Damage $100,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate SECTION VIL 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 VIIL 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: 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; Page 4 of 6 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 party 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 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. Page 5 of 6 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 Public Works and Safety By: S/S Vicki Robinson Vicki Robinson, President Date: December 6, 2007 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: December 7, 2007 "CONTRACTOR" PREVENTIVE MAINTENANCE SERVICES, Pedro Feliciano By:_S/S Pedro Feliciano Printed name: LPedro Feliciano Title: Owner Date: December 10, 2007 Page 6 of 6