Loading...
HomeMy Public PortalAbout131-2016 - Fire - Richmond Carpet Outlet - New flooring for Fire Station #2AGREEMENT THIS AGREEMENT made and entered into this I$ day of / V-- � Cs2016, and referred to as Contract No. 131-2016 by and 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 Richmond Carpet Outlet Inc., 3911 National Road West, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to furnish, replace, and install flooring at Fire Station 42, located at 930 Winding Ridge Drive, for the City of Richmond Fire Department (the Project). Certain requests for quotes were made October 3, 2016, which request has been made available for inspection by City, are on file in the administration office of the Fire Department for the City and are 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 October 13, 2016, consists of two (2) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. 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 which are incidental to 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 22-5-1.7-11(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 a total sum not to exceed Six Thousand Eight Hundred One Dollars and Ninety Cents ($6,801.90) for complete and satisfactory performance of the work required hereunder. Contract No. 131-2016 Page I of 5 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective upon complete execution of this Agreement and shall continue in effect until 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 and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by 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 5 Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $2,000,000 aggregate $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 $2,000,000 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-I1 (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. SECTION VHI. 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. Page 3 of 5 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: 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 acting 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 monies 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 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 for negligence 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. 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. Page 4 of 5 The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, 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. 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, 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, whether or not suit is filed. 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 Public Works and Safety Vicki Robinson, President "CONTRACTOR" RICHMOND CARPET OUTLET INC. 3911 National Road West Richmond, IN 47374 umefe . i Lt.%/� By: \),. Printed Richard Foore, Member 61C 4�)� By: Title: rr C- S i Q C—)V t Anthony . Foster, II, Member Date: APPROVED: Snow ay Date: ( (" 2. F— ( (Q Date: `- Page 5 of 5 10/03/2016 13:17 FAX 7659837212 CITY OF RICH FINANCE CITY OF RICHMOND 50 North Fifth Street Richmond, Indiana 47374 Ca 002/007 PRICE REQUEST (765) 983-7200 THIS IS NOT AN ORDER VENDOR INSTRUCTIONS ChiVi �'id y'Z,(1�JPti- This is a request for a price or quote for the services or materials described below. Any additional specifications may be attached hereto. This is not an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name, address, and phone number below with signature; itemize all prices and charges where requested; and attach explanation for any substitution to specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. DATE Oct 3, 2016 DELIVERY REQUIRED DELIVERED PAYMENT TERMS UPON RECEIPT.' OF IIWOICE QUANTITY DESCRIPTION UNIT PRICE TOTAL Flooring Replacement Fire Station 2 (see attached) Please include a current certificate of insurance with your bid naming the City of Richmond as certificate holder. Bids must be enclosed in a sealed envelope with the project name on the outside. PRICE REQUEST NAME OF FIRM QUOTING BY VICI(I ROBINSON PURCHASING DIRECT BY .K l> l P)q � LS i-:-d e y, i C � AUTHORIZED BY Bids are to be mailed or brought to the !� Purchasing Department in the Richmond DATE �2 - / _ TTTL E Municipal Buildin at 50 North 5th Street. State Tax Exemption No. 003121909-001 Phone No. 26, ` �4 `� � PAGE I ET t 0- 2 1 10/03/2016 13:18 FAX 7659837212 CITY OF RICH FINANCE Ia 003/007 Flooring Replacement -Fire Station 2 Bids will be received for new flooring for Fire Station 2 located at 930 Winding Ridge. The flooring desired isstrong ConiectzoaCorlon.(White Ciiffs 8&70�) . Square footage is approximately 1,160 sq. ft. Bid should also include the following: • and 7 ep -e t f y furn t =e .and f twes necessaq for installation of flooring. • Rf-oldflooring.aiidcove:base4 • Zr -including any necessary leveling. and installation of the flooring including all materials an& labor. • W000pa Qf new eoveUase with Roppe 175�S1ato•4-.! ,(approximately 315 LF) • Rieinoval and=`'disposal of ail.. debris - 3 The above quantities are approximations and the bidder's bid should be based on. your own measurements. To arrange for a site visit, please call Chief Purcell at 983-7264. FLOORING (material and labor) - Quantity needed - r �2 0 sq -yA,�i Cost - $ 6; VU 70 — T 14 iS NZ i G� .� �vcc ui�� s 171ri-- q13 g-Iliac; i%v 6 COVE BASE, 4" vinyl (material and labor) - Quantity needed Cost - $ '3 (, q, PREPARATORY CHARGF.5 (removal and disposal of old flooring and floor preparation to apply new flooring) - $ j©PO- O ' .l 12 tr CO 1L1MEi )0 V O`t' rl?/ri N 6 OP EX F 5� OTHER CHARGES, if any (to move furniture and fixtures) - $ S-e� oa Please provide warranty information of installation and flooring including its wear characteristics and maintenance information. Please provide a current certificate of insurance naming the City of Richmond as the certificate holder with bid. Please state when after the receipt of a purchase order would the project begin and the lead time for this project ALL BIDS MUST BE IN A SEALED ENVELOPE WITH THE PROJECT DESCRIPTION ON THE ENVELOPE. ALL BIDS MUST BE RECEIVED BY Oct. 13, 2016 by 4:59 p.m. IN THE PURCHASING OFFICE TO BE CONSIDERED. _ r n I�r., ?tGB t 5 ACOR&' CERTIFICATE OF LIABILITY INSURANCE M-Mmw0D" M 1/5/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the caMcata holder in lieu of such endorseme s . PRODUCER Johnson 6 Williamson Insurance, LLC PO Sox 643 103 North Green Street Crawfordsville IN 47933 MA Bline Taylor 101 W. r�n. (765)362-4660 (765)344-3557 L INSURE AFFORMA COVERAGE NAICi INSURER A:30100tiof SC 19259 INSURED RIC»ND CARPET OUTLET INC, 3911 RATIONAL RD W 12Iamm IN 47374•-4704 INsuRaR ;Selective of the SE 39926 INSURER C : INWRORD. INS R IMURERF; COVERAGES CERTIFICATE NLNWBER:C=71507301 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ML1TR TYPE OF INSURANCE SUB POLICY NUM13ERPOLICY ICY fla LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS•MADE OCCUR S 2131421 0/17/2016 6/17/2017 EACH OCCURRENCE 8 11000,000 PROMISES EaB�RoRTL'e i MED EXP one Peron) b 10,000 PERSONAL d AOV INJURY S GENL AGGREGATE LIMIT APPLIES PER: B POLICY JE?7 LOC OT GENERAL AGGREGATE S 31000,000 PRODUCTS - COUP/OP AGO 8 3,000,000 S AUTOMOBILE LIABILITY ANY AUTO ALL DOMED ASCt�HEEDDULED TOS HIRED AUTOS NON -OWNED AUTOS COMOINE01#41.1i LIMITi BODILY INJURY (Pa Parson) 8 BODILY INJURY (Per eoddent) 6 PROP OAMA E P aoc 8 i A X UMBRELLA LIAR EXCESSUAB OCCUR S 2131421 4/17/2016 9/11/2017 EACH OCCURRENCE S 1,000,000 HCLAIMS-MADE AGGREGATE i 1.000 000 ow I I RETW Ni 8 8 VJMRRS COMPENSATION AND EMPLOYER& LIABILITY Y / N ANY PROPRI6TOR/PARTNERAMECUTIVE ❑ OFFICER/MEMBeR W(CWDE09 (Mandatoryin NH) N 1��a, ��daW� Yndl/ OESGRIPT10 OF PERAT 0 NIA WC 9014111 0/17/2016 6/17/2017 PER OTH- E.L. EACH ACCIOENT i 500,000 E.L. DISEASE - EA EMPLOYEE S 500,000 EL DISEASE • POLICY LIMB i 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addillonal Renwrks Schedvh, may be ~wd It mom space Is required) City of Richmond Fire Department 101 so 50th Street Richmond, IN 47374 ACORD 25 (2014101) IN8025(zol4w) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE rent Bigler/ELISE 01938-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD