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Home My Public Portal About039-Replace floor 8th St SkywalkAGREEMENT THIS AGREEMENT made and entered into this day of between the City of Richmond, Indiana, a municipal c rpo at on acne b` 2004 b Of Works (hereinafter referred to as the "City')Y and 1530 South 9"' Street, Richmond, Indiana 47374 (hereinafter referred g Y and through its Board and Georgia Direct Carpet and Cabinets, Inc., to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WOD{ City hereby retains Contractor to remove and replace damaged floor tile and cove base in the South 8" Street skywalk. A Bid Specifications dated March 29, 2004, has been made available for ins ection Contractor, is on file in the office of the Purchasing Director and is hereby inco or by reference and made a part of this Agreement. A portion of said Bid Specificationsby hereto, made a part hereof and marked as "Exhibit rti s attached c described on "Exhibit A" Contractor shall perform all is ched using materials described in said Exhibit, within thirty its execution of this Agreement. rty (30) days after Should any provisions, terms, or conditions contained in any of the documents a Exhibits, or in any of the documents incorporated by reference herein, conflict with provisions, terms, or conditions of this A attached hereto as Agreement, this Agreement shall be controlling. of the The Contractor shall furnish all labor, material, equipment, and services necessary completion of all work specified. All labor and materials shall be free of defects and other conformities for a period of no less than one 1 for the proper specified under this A ()year following the date of completionof all work Agreement. The services performed by the Contractor shall meet all applicable standards of r competence. Additionally, Contractor shall be available to and shall respond within a reasonable time to an Professional y questions City or third parties dealing with the City may have regarding such services. No work shall commence until the City is in receipt of any required bonds and certificates insurance, if such are required, and until a purchase order has been issued b the P Department. rhficates of Y urchasing SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee the City of Richmond. The Contractor shall provide, at its own expense, com eten of the work. or agent of p t supervision Contract No. 39-2004 Page 1 of 5 SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Three Thousand One Hundred Sixty-eight Dollars ($3,168.00) for the timely and satisfactory completion of all work specified in this Agreement. Payment shall be made after Contractor has fully completed all necessary work and has presented City with an invoice for payment. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and the work described herein shall be completed within thirty days (30) after the execution of 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 report or other work product that is incorrect, incomplete or fails to meet reasonable professional material respect; standards of in any c. unavailability of sufficient funds to make payment on this Agreement; d. impossibility due to destruction of the subject matter of the contract; e. failure of Contractor to use the required materials; or f. any act on Contractor's part that amounts to an anticipatory Agreement. repudiation of this 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 in person or property or any other claims which may arise from the Contractor's conduct or to nothing contained in this Agreement shall be construed as rendering thperformance of this Agreement, either intentionally or negligently; provided, however, that e 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 Page 2 of 5 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 Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability Limits Statutory $100,000 $300,000 each occurrence $300,000 aggregate $100,000 each occurrence $300,000 each person $300,000 each occurrence $100,000 each occurrence $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. 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. Page 3 of 5 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; .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 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 VIII. 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. In the event an action or claim is brought against City arising out of Contractor's act or omission in the performance of this Agreement, Contractor shall indemnify the City against all losses, cost, damages, and expenses, including City's reasonable attorney fees. SECTION IX. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign its rights or obligations hereunder without the prior written conof the otthherr delegate any of delegation, without the prior written consent of the otherparty,party.is Agree such shall be controlled by and interpreted according to the laws of the State of Indiana and shallment 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 riling with the Agreement a written instrument setting forth such changes signed by both parties. Any previous discussion, negotiation, or dialogue relating to the subject matter contained herein is superseded by this Agreement. Furthermore, both parties agree that no discussion, representation or negotiation, other than that contained herein, has transpired relating to the subject matter of this Agreement and that neither party is relying upon any negotiation or discussion that took place prior to this Agreement. Page 4of5 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 the venue and jurisdiction of the courts of Wayne County, Indiana, and any suit arising under this Contract must be filed in said courts. By executing this Agreement, Contractor expressly waives the right to, and is estopped from, bringing any action regarding this Agreement in alternative courts, tribunals, or venues. 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 at law or in equity, 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. 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 WORKS "CONTRACTOR" GEORGIA DIRECT CARPET AND CABINETS, INC. By: P 6�� ohn KRL enny, President By. Date:Cf �16 Title: Nei, 4" N 'f- APPROVED`:\ D Sarah L. Hutton, ayor ate. Date: 4 � L Page 5 of 5 CITY OF RICHMOND SKYWALK FLOORING PROJECT 3-29-04 SCOPE: Contractor shall remove and replace damaged floor tile and cove base in the South 8 h Street Skywalk. Contractor shall supply all material, equipment and labor to complete the project. MATERIAL Tile: Blaze -Flash OQ41 - Price Group 2 - Dal Tile WARRANTY: All labor and material shall be warranted for one (1) year. COMPLETION TIME: Contractor shall have 30 days to complete work after Purchase Order issue date. PRE -BED: Date and Time: April 7t', 2004 at 10:00 AM, Location: 25 South 8 h Street Skywalk, City of Richmond Parking Garage BIDS: Bids will be received in a sealed envelope on company letterhead. Contractor shall supply insurance certificate with bid. Bids must be received in the City of Richmond Purchasing Department by 5:00 PM, April 15d, 2004. Bid envelope shall read as follows: Bid for Skywalk Flooring Project. BID QUANTITIES: 1. Tile............ SF 240 2. Cove Base LF 60 11.20 T2.688 00 8.00 4:Q00 TOTAL............................................... $ 3 , 16 S . 0 0 EXHIBIT PAGE OF1-