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HomeMy Public PortalAbout181-2017 - Parks - Reynolds Plumbing - general Services for 2018AGREEMENT THIS AGREEMENT made and entered into this I V�' day of ��bW , 2017, and referred to as Contract No. 181-2017 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 5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Reynolds Plumbing, Inc., 198 South 2❑d Street, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide on -call general plumbing repairs for the Richmond Parks and Recreation Department for the 2018 calendar year. A Request for Quotes dated October 23, 2017, has been made available for inspection by Contractor, is on file in the offices of the Richmond Department of Parks and Recreation, 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 was received October 28, 2017, consists of one (1) page, and is 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. Contract No. 181-2017 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor in accordance with the hourly rates established on Exhibit "A" attached hereto and incorporated herein by reference, for complete and satisfactory performance of the work required hereunder. Actual payment shall depend upon services rendered, but shall not exceed the total amount of Five Thousand Dollars ($5,000.00) for the 2018 calendar year. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective on January 1, 2018, and shall continue in effect until December 31, 2018. 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 Page 2 of 6 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 Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $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 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 Page 3 of 6 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. 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 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. 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 Page 4 of 6 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. 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. Page 5 of 6 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 Parks and Recreation By: Denise Retz, Superintendent Date:1( 11417 "CONTRACTOR" REYNOLDS PLUMBING, INC. 198 South 2°a Street Richmond, IN 47374 By: n( 4� Printed: boud APPROVED: Title: Pr-LSo kC2-i'� Snow, Date: [ [ -1 - l '� Date: (I - 16 - 17 Page 6 of 6 11 AeO DATE(MMIDD/YYYY) OVA CERTIFICATE OF LIABILITY INSURANCE 1013112Q17 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(ies) must have ADDITIONAL INSURED provisions or 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 certitcate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marcia Stroud NAME: Indiana-VanVleet PHONE (765)935-M5Wr F^� NQ - (765)935 &164 1 Glen Miller Parkway ADDRESS mi3rclas@vi3nvleetinsurmice.com INSURER(S)AFFORDING COVERAGE NAIL # Richmond IN 47374 INSURERA: Erie Insurance Group INSURED INSURER B : Reynolds Plumbing Inc. INSURER C : 1134 NW T Street INSURER D: INSURER E : Richmond IN 47374 R (1AVFR3(:FC (FRTIr=I(`ATF MI NIifRFR- RFVLRInM MI1lU1RFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE? 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOFINSURANCE POLICY NUMBER (MWDDtYVYYI IMMIDD"WiLIMITS A X COMMERCIAL GENERAL LIABILITY CIAIMS4MADE � OCCUR Q320621149 816/2017 W2018 EACH OCCURRENCE S 1,000.000 PREMISES aeecurtence S 1.000,000 MED EXP Wyone mcn) S 5,000 PERSONAL& ADV INJURY $1,000,000 GENLAGGREGATE LIMIT APPUESPER: X POLICY ❑ JJEEC El LOG OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMPfOPAGG i 2,000,000 $ AUTONOBILELIABIL[iY X ANYAUTO OWNED SCHEDULED AUTOSONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Q080640037 802017 81&2018 (COMMSWGLE Ee ae .Wn) � $ 1,000,0 BODILY INJURY(Perperson) $ BODILY INJURY(Peraccident) $ PeraccMent S S A X UMBRELLA UAB I EXCESS UAB X OCCUR CLAMS -MADE! Q320670221 8/6/2017 8/6/2018 EACH OCCURRENCE S 5.000,000 AGGREGATE s 5,000.000 DEL) I I RETENTION $ A WORKERS COMPENSATION ANDEMPLOYERSUABILITY YfN ANY OFFICERIMEM�tEXCLUDEDTECUTIVE V (Mandatory in NH) a Ryyaassdasccdra under DESCRIPnONOFOPERATIONS below NIA Q925600149 816/2017 802018 X I SPTER urE ERH EL EACHACCIDENF $1,0f10,000 E.L. DISEASE-EAEMPLOYEE $ 1.000,000 €.LDISEASE-POLICY LIMIT $ 1,000,000 DESC14PTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD t0l, Additionat Remarks Srhedute, may be attached it morespaceis required) City of Richmond - Parks Dept 50 N 5th St Richmond IN 47374 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 REPRESENTATIVE :ax: Email: 01988-2015 ACORD ACORD25 (2016103) Tha ACORD name and logo are registered marks of ACORD TION. All rights reserved. CITY OF RICHMOND DEPARTMENT OF PARKS & RECREATION 2200 E. NATIONAL RD., RICHMOND, INDIANA PHONE (765) 983-7275 FAX (765) 983-7279 DAVE SNOW Mayor DENISE RETZ Superintendent The City of Richmond Parks and Recreation Department seeks quotes for general plumbing repairs at all of its parks and facilities for the year of 2018, as needed. This is for the routine Plumbing work for up to $5,000.00 Quotes are due in the Parks Administration office at 5:00 pm October 31, 2017. Quotes will be considered on the following criteria: 1. Labor rates paid shall be for only productive hours beginning and ending at the jobsite 2. Labor rates shall include all direct and indirect costs such as transportation and overhead. 3. Regular business hours are Monday —Friday 8:00 am — 5:00 pm. Item Description QTY Unit of Measure Unit Price 1 Plumbing Regular Hourly Labor Rate 1 HOUR 2 Minimum Hours if any) HOUR N/A 3 Plumbing Overtime Hourly Labor Rate 1 HOUR n r? _0Z 4 Material Mark-up % N/A Please submit the attached E-Verify affidavit with your quote Please submit a current certificate of insurance with your quote. Coverage and limits of insurance are attached. Call Tonya Bowen at (765) 983-7277 with questions. IM Affidavit of Employment Eligibility Verification The Contractor, L�L�� , affnms under the penalties of perjury that Contractor does not knowingly employ an authorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and sh ll not retain an employee or contract with a peTsori tliaf the Contractor subsequentlyZearns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7,*Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this 3 l day of 0 c--t-u 6 e; , 20 V �W (Ql- (:D (�+L] (signs e) C? (printed name) M E-Verify Requirements: Definitions: E-VerifyProgram - An electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV, s.403(a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Department of Homeland Security or other- federal- agency authorized to verify the- work authorization status- of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 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. ............................................... ■ ............................. ■ 1 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. �W ARTICLE F INSTRUCTIONS TO BIDDERS INDEMNIFICATION, INSURANCE, AND PROTECTION OF LIVES AND PROPERTY F.1 INDEMNIFICATION F. 1.1 The contractor shall indemnify and hold harmless the City of Richmond and its officers and employees from and against all claims, damages, losses, expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the contract, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than goods, materials and equipment furnished under this contract) including the loss of use resulting there from, and (b) is caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, or anyone directly employed by any of them or anyone for whole acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. F. 1.2 In any and all claims against the City or any of its officers or employees by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph G. 1 shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the contractor or any sub -contractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. F.2 WORKER'S COMPENSATION INSURANCE F. 2.1 For contracts involving performance of work pursuant to the provisions of Indiana Code IC 22- 3-2-14 (a) bidders are required to furnish a certificate from the Indiana Worker's Board showing that such bidder has complied with IC 22-3-2-5, 22-3-5-1 and IC 22-3-5-2. F.3 INSURANCE F. 3.1 The Contractor shall, as prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect him 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 who directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.