HomeMy Public PortalAbout152-2017 - Carroll Electric - Electrifcal Services for GreenhouseAGREEMENT
THIS AGREEMENT made and entered into this n% day of b , 2017, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Parks and Recreation, with its office at 50 North 51h Street, Richmond, Indiana, 47374 (the
"City") and Carroll Electric, Inc., I I I I Northwest "T" Street, Richmond, IN 47374 (hereinafter
individually and/or collectively referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide professional services in connection with the removal of
existing electric service to greenhouses, which are to be identified by City, and install electrical
service to the same. Contractor shall comply with the requirements previously requested by the
City which are set forth on the Request for Quotes, which is attached hereto and incorporated by
reference herein as Exhibit "A" to which Contractor has responded by way of proposal, which
was issued on October 23, 2017 which is attached hereto and incorporated by reference herein as
Exhibit "B".
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:
l . 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 2. 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 3. COMPENSATION
City shall pay Contractor the sum of Four Thousand Nine Hundred Eighty-nine Dollars and 00/100
($4989.00) for full and complete satisfaction of the services described herein.
Contract No. 152-2017
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SECTION 4. TERM OF AGREEMENT
This Agreement shall become effective when signed by the parties and shall continue in effect
until completion of the Project.
Notwithstanding the term of this Agreement, the 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 by the Contractor to the City of reports that are incorrect or incomplete in
an 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 5. 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
Page 2 of 6
A. Worker's Compensation & Statutory
Disability Requirements
C.
7
Employer's Liability
Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Comprehensive Umbrella Liability
$100,000.00
$1,000,000.00 each occurrence
$2,000,000.00 aggregate
$1,000,000.00 each occurrence
$1,000,000.00 each person
$1,000,000.00 each occurrence
$1,000,000.00 each occurrence
$1,000,000.00 each occurrence
$1,000,000.00 each aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000.00 each occurrence
$2,000,000.00 each aggregate
SECTION 6. 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 7. 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
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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 8. 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 the City determines during the course of this
Agreement that this certification is no longer valid, the 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 9. 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;
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
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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 10. 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 11. 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.
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.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his 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 the City in its efforts to enforce
this Agreement, including but not limited to, the City's reasonable attorney's fees, whether or not
suit is filed.
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.
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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 Parks and Recreation
By: Wj— —�L
Denise Retz, Superintenden
Date: 2
Approved:
d M. Sna , Mayor
I
Date:
"CONTRACTOR"
Carroll Electric, Inc.
1111 Northwest "T" Street
Richmond, IN 47374
B
Y•
Printed: QA V 57;q ? P� f2
Title: PAE5/,0EN
Date: 7 1.2ev
Page 6 of 6
CONTRACT REQUEST FORM
1. Date contract needed (Clerk or agenda deadline): ASAP Date Submitted to Law*: 10/26/2017
2. Board/Commission that will approve contract Park Board/NA under 5,000 so Park Superintendent will approve
3. Has bid been awarded? Yes
Date awarded or expected: 10/23/2017
4. Is this a Common Construction Wage Project? No
5. Brief description of work to be performed or supplies to be furnished:
Restore Electrical Service at the Greenhouse
6. Name and address of Contractor to be retained:
7. What method was used to request bids? (check one)
Professional Services
Request for Proposals
Request for Qualifications
Carroll Electric ine.
111 Northwest "T" Street
Richmond, Indiana 47374
x Request for Quotes
Bid Specifications
State Quantity Purchase Bid/Quote
8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? Came on site in August
9. Date of Contractor's Response/ProposalBid*. 10/232017
10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes
11. In what office are the Bid Specifrcations/RFP/Bid lists on file with the City? NIA
12. Amount to be paid to Contractor $ 4,489.00
13. Any other relevant information:
Term of Contract: Date upon Completion
This is our approved contract vendor for electrical needs. We have been working with Tom Cannon, RP&L and Carroll to
come un with an aparoariate electrical vlan for the Greenhouse and our needs.
15. Submitted By: Denise Retz
Department: Parks Department
*Please complete and return, along with Contractor's response and any and all attachments or
exhibits, at least one (1) week before the contract is needed for its Agenda deadline. Incomplete
submissions will be returned to the Department Head.
January 2011
Exhibit A
1{ rn-nngat Page No. of Pages
.A-_T-Y-- -- ---
1111 Northwest "T" Street camoU &ectlac' Phone (765) 962-0668
RICHMOND, INOL" 47374 ��%• Fax(765) 966-9020
PROPOSAL SUBMITTED TO
Richmond Parks Department
PNONL
765-983-7275
DATE
10/23/17
STREET
2200 East Main Street
Joe NAME
New Service _
CITY. STATE AND ZIP CODE
Richmond, IN 47374
JOB LOCATION
Green House
ANITECi
IIC
DATE Of PUNS
100 PNONE
We hereby submit Spsuficatlons And estimates lot:
Remove Existing Service
Install:
1- 400 Amp Meter Base
2- 200 Amp 30 Circuit Panels with Main Breakers
20- 1 pole 20 Amp Breakers
5- 2 Pole 30 Amp Breakers
2- 2 Pole 20 Amp Breakers I
2- 2 Pole 50 Amp Breakers
1- 2 Pole 100 Amp Breaker
Material (cost) $1,943.48
OH&P @ 15% 291.52
$2 235.00
Labor- 54 Hours @ $51.00/hr. 2,754.00-
$4,989.00
rWe Vropunr hereby to fumish material and labor — complete in accordance vAth above specifications. for the Sum of:
Fo:ur7Thousand�,Nine Hundred Eighty -Nine and— 99/100 dollars(S 4,989.00
be made loilows'
All ral xial n guaranteed to be as speerhed. Ad wetA to be completed .n a •ortmanlrl.e ALLIhOrtatd
manaccording to standard practices. Any allerat.on of dewaho� from above speerl.ca• Signature ,
ner
bans wnrofnag extra Costs wdl be Q"Mttd envy upon wtdtea orders, and +all became an g
extra charge over and above the etllnvate. All agreements ambngeat upon states, acerdeMs Note: This proposal may be I
a, debts beyond out eaaual. owner to All
five, tornado and other necessary insurance withdrawn by us if not aeeeplod wllltvn _ Bar`
Oer wafters are fury covered by wartm.en's Camp ensal.on Inv.rrar4e.
Arapl are At Vrivu$a l —The above prices. specifications si nalurn
and conditions are Sallsfaclory and are hereby accepted. yeti are authorized
to do the work as specified. Payment volt be made as outlined above.
Signature
Date of Acceptance: -
Exhibit B