HomeMy Public PortalAbout065-2016 - Sanitary - Cummis Electric - Electrical RepairAGREEMENT rjRIGINAL
THIS AGREEMENT made and entered into this A;_ Z/ day of , 2016, by and
between the City of Richmond, Indiana, a municipal corporation acting and through its Board
of Sanitary Commissioners (referred to as the "City"), and Cummins Electric, Inc., 3712
National Road West, Richmond, IN 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for on -call service for electrical work for a period ending
December 31, 2016, with an option to renew for year two (2), and year (3) with the term of year
(3) ending on December 31, 2018.
A Request for Quotes has been made available for inspection by Contractor, is on file in the
office of the Department of Sanitation for the City of Richmond, consisting of two (2) typewritten
pages, which is attached hereto and incorporated by reference herein as Exhibit "A".
The response of Contractor to said Request for Quotes is attached hereto and incorporated by
reference herein as Exhibit `B", consisting of two (2) typewritten pages.
Should any provisions, terms, or conditions contained in any of the documents attached hereto
and incorporated by reference herein as Exhibits, 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. Contractor shall submit statements or bills monthly.
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(s) signed by Contractor in accordance with
I.C. § 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. 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 at the rates indicated in Exhibit "B" in an amount not to exceed Fifteen
Thousand Dollars and 00/100 ($15,000.00).
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall continue
in effect until to an including December 31, 2016 with an option to renew for two (2) additional
years with the expiration of the third (3`d) year ending on December 31, 2018, unless the parties
extend this Agreement by a written and signed Addendum. The Agreement shall automatically
Contract No. 65-2016
Page
be renewed each year, unless, by written notice more specifically set forth in this Section below,
is issued by either party to the other.
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 thirty (30) 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.
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.
This Agreement may also be terminated by either the City or the Contractor, without cause, by
giving at least thirty (30) days written notice to the other party.
In the event of termination of this Agreement, 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.
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 Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability
$100,000
2 1 Page
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
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$2,000,000 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.
3 1 P a g e
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 Board determines during the course
of this Agreement that this certification is no longer valid, Board 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 Board
that the Contractor has ceased investment activities in Iran within ninety (90) days after
the written notice is given to the Contractor, the Board may proceed with any remedies it
may have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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 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;
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
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 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.
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
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 Sa 't Commissioners
, President
Svc Mil - 21
. ' CL— ib e n
a4i;;Z:7
re tiens, Member
Dated: � 1219 //6
APPROVED:
ono , or
Dated: J 2 f
Cummins Electric, Inc.
By: / �� &J i
(Printed):JK41ju W CUIM1410 s
Title: &'S l o t;vt j
Dated:
6 1 Page
CONTRACT REQUEST FORM
Yq
1. Date contract needed (Clerk or agenda deadline): 3-30-2016 Date Submitted to Law*: 3 R-2016_
2. Board/Commission that will approve contract Board of Sanitary Commissioners
3. Has bid been awarded? YES Date awarded or expected: 3-8-2016
4. Is this a Common Construction Wage Project? No
5. Brief description of work to be performed or supplies to be furnished:
On -Call Service for Electrical repair work.
6. Name and address of Contractor to be retained: Cummins Electric.
3712 National Road West
Richmond, IN 47374
7. What method was used to request bids? (check one)
Request for Proposals (RFP) X Request for Quotes (RFQ)
Bid Specifications State Quantity Purchase Agr. laid (QPA)
8. What date was the Bid Specification/Rl'P/RFQ/QPA sent out or requested? RFQ was sent 2-12-2016
9. Date of Contractor's Response/Proposal/Bid. 2-23-2016
10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes included
on Spec sheet
11. In what office are the Bid Specifications/RFP/Bid lists on file with the City? Sanitary
12. Attach Contractor's response unless longer than ten (10) pages. If longer than ten (10) pages, in what
office is Contractor's response filed?
13. Amount to be paid to Contractor Not -to -Exceed amount of $15,000 per year at rate specified on quote
Term of Contract December 31, 2016 with option to renew for 2017 and 2018,
14. Any other relevant information:
15. Submitted By: Jeff Lohmoeller Department: Sanitation
*Please complete and return, along with all attachments or exhibits, at least one (1) week before the
contract is needed for its Agenda deadline.
March 2009
Exhibit A
PRICE REQUEST
CITY OF RICE MOND
DEPAR' WM9r Or SAMTATION
2380 LIBERTY AVENW.RICEPAO D, I MW4A 47374
NHt81E (7651983-7450.FAX (765) 962-2669
THIS IS NOT AN ORDER
VENDOR
WSMUCITONS
CUM INS ELECTRIC
This Is a request for a price for the services of materials
3712 NATIONAL ROAD WEST
described below, Any additional specifications may be
attached hereto. This is NOT an order and the City reserves
the right to accept al or part, or decline the entire proposal.
RICHMOND, IN 47374
Please complete your full name and phone number below
with signature; itemize all prices and charges where
ATTN: TRAVIS CUMMINS
requested; and attach any explanation for any substitution to
specifications altered. Return In a sealed envelope, In care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
specified data and time to be considered.
^^TF- REPLY MUST BE IN BY:
PAYMENT TERMS:
DELIVERY REQUIRED:
February 12. 20161 10:00AM on February 23, 2016
UPON RECEIPT OF INVOICE
DELIVERED
This Is a request for work for Electrical Work at the Richmond Sanitary District Calendar year 2016 with the
option to renew year (2) two ending December 31, 2017 and to renew year (3) three ending December 31,
2018. E-Verify requirements and Indiana Local Preference Claims will apply to this quote. Must include a
Certificate of Insurance which must include Workers Compensation (insurance Iimits enclosed). Also
include all warranty information with quote.
Proposal Sheet Attached : Return this sheet In a sealed envelope addressed to:
Richmond Sanitary District
Denise Johnson, Customer Service Mgr
2380 liberty Avenue
Richmond, IN 47374
Re: Electrical Work — 2016, 2017 & 2018
Questions? Call Jeff Lohmoeller at 765-g83-7464.
Quote Valid Until A 16
STATE TAX EXEMPTION # 003121909-001
Richmond Sanitary District
N E OF FIRQII QU G:
a}'AIn.S '1C-
AUTHORMO 9Y SIONATUM
su-1 eY—v-
DA PHONE NUMBER
TABULATION
On -Cull Electrical Work for Richmond Sanitary District
2016, Option to renciv 2017 & Option to renew 2018
NAME OF CONTRACTOR (n ),0) Y)s F(Cr4rtC _
ADDRESS Z�`?
CITYISTATE ►^ e11 I }J E` 1�ri i A� � 7 �l
e CERTIFICATE OF INSURANCE INCLUDED (must me_Vthe City of
Richmond, IN requirements) YES // NO
o E-VERIFICATION FORM FILLED OUT: YES NO
• LOCAL PREFERENCE CLAIM: YES NO
o IRAN INVESTMENT: YES NO v
2016
Signing of Contract to December 31, 2016
Regular Hours 7:30am to 4:30pm Rate per Hour $ OM—2 C
Weekend Rate —Saturday Rate per Hour $ Tg•OD Sunday Rate per hour $ 10S,01)
Holiday Rate —Rate per Hour $ t D S1 QQ
2017
Signing of Contract to December 31, 2017
Regular Hours 7:30am to 4:30pm Rate per Hour $ Q , OJT5
Weelcend Rate — Saturday Rate per Hour $ �$ Sunday Rate per hour $
Holiday Rate —Rate per Hour $ i C
1
Exhibit 8
2018
Signing of Contract to December 31, 2018
REgular Hours 7:30ain to 4:30pm Rate per Hour.$ b OO O/T$� ••Q 0
AVicekend Rate -Saturday Rate per Hour $ DS-00 Sunday Rate per hour
Holiday Rate - Rate per Hour $ ADS-1 DO
2