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Home My Public Portal About163-2018 - Sanitation - A Plus Signs - Installing AwningPURCHASE AGREEMENT ORIGINAL THIS AGREEMENT made and entered into thisQS JA day of October, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, with its office at 50 North 5' Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and A Plus Signs, 920 Progress Drive, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one (1) dome entry door awning, with said awning to be an aluminum staple extrusion frame, with said awning being more specifically described in Exhibit "A" attached hereto and incorporated by reference herein. City sent Request for Quotes to Contractor on September 24, 2018 containing certain specifications. The �esponse of Contractor to said Request for Quotes, dated September 28, 2018, is attached hereto and incorporated by reference herein as Exhibit "A", consisting of one (1) typewritten pages. 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. This Agreement shall not take effect until the City is in receipt of any required bonds and certificates of insurance, and until 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. SECTION II1. PURCHASE PRICE City shall pay Contractor a sum not to exceed One Thousand Three Hundred Fifty Dollars and No Cents ($1,350.00) to furnish and install one (1) aluminum dome entry door awning. The monies to be paid to Contractor are based upon the bid sheet submitted by Contractor, which is set forth in Exhibit `B", and attached with this Agreement and made a part hereof. The estimated delivery time for the furnishing and installation of the aluminum dome entry door awning shall be no later than January 31, 2019. Contract No. 163 - 2018 Page 1 of 3 y��c��l,��■�z��a�e r�c��.��e��u�wr��Yy:�n�n.r:��c��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. SECTION V. 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 remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. 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. If any portion of this agreement is declared unenforceable by a comlor tribunal, all other portions shall remain in full force and effect. Page 2 of 3 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" "CONTRACTOR" THE CITY OF RICHMOND, INDIANA A PLUS SIGNS by and through its Board of Sanitary Commissioners By: Sue Miller, President an Baks ice resi ent '- J�2 '(-" -A 67�regns, Member Dated: / 115 hsg APPROVED: David Snow, x Dated: 8 P Page 3 of 3 .Estimate Estimate Number. 9200 Estimate Date: Sep 28, 2018 Customer ID City of Richmond-112 0 Good Thru 10/28/18 Payment Terms Net 30 Days Description '—=ULure and install 1 dome entry door awning as -per ing is to be 72" wide x 36" tall x 36" projection. request. ing is to be aluminum staple extrusion frame. �g is to have sunbrella fabric cover of customers color choice. =e... $1350.00 ACCEPZ 1'j -' The above estimate is satisfactory and is hereby accepted. by: You are authorized to do the work as above specified Payment will be made as outlined above. Date of acceptance API. Signs LL By W'This proposal may be withdrawn by the if not accepted within aays. 1i4 " 1 0-f j coRorCERTIFICATE OF LIABILITY INSURANCEF,o-,_'E9'm,,M201B DA 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(les) 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 certificate holder In lieu of such endorsements . PRODUCER R D/Patti Insurance & Financial Services 36 South 9th Street P . O. Box 1167 Richmond IN 47375 NAME:ONTACT PHONE 765. 966. 7531 FAC No : 765.935.2976 INSURER(S) AFFORDING COVERAGE NAIC s INSURERA Cincinnati Insurance Company 10677 INSURED A —Plus Signs, LLC 920 Progress Drive Richmond, IN 47374 INSURER B:PrO r Owners 32905 INSURER Accident Fund Company 10166 INSURER D: INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER:18-19 Master 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. ow LTR TYPE OF INSURANCE ADOL MAR POLICY NUMBER POL I I EFF POLIMNYYYI CY %P LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR EPP 001 94 04 5/01/2018 5/01/2019 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) t 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GENt AGGREGATE LIMIT APPLIES PER: PRO X POLICY X JEC FRI LOC PRODUCTS- COMP/OP AGG $ 1,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTOS NON -OWNED X HIRED AUTOS X AUTOS 2-331-161-01 5 01 2018 5 01 2019 EaBIKEaccident)500,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) : PROPERTY Per scadert $ $ A X UMBRELLA LIAB EXCESS LIAR HOCCUR CLAIMS -MADE P 001 94 04 5 01/2018 5/01/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE f 2,000,000 DED I RETENTION $ G' WORKERS COMPENSATION AND EMPLOYERS' LIABLITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below NIA WCV 5005351 5/01/2018 5/01/2019 X WC STATU- OTH- I TQPY LIMITS FIR E.L. EACH ACCIDENT f 500,000 E.L. DISEASE - EA EMPLOYEE t 500,000 E.L. DISEASE - POLICY LIMIT $ 500,00 A Installation Floater EPP 001 94 04 5/01/201e 5/01/2019 Limit S 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Richmond 2380 Liberty Ave. Richmond, IN 47374 ACORD 25 (2010105) INS025 (201005).01 %-PkN%.CLLW 1IVry SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 01 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dils/JEG-- 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD