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Home My Public Portal About148-2019 - Parks - Spear Corporation - ...ement of New Slice at Cordell PoolAGREEMENT # K THIS AGREEMENT made and entered into this dayof r r=�` 2019 and referred to as > Contract No. 148-2019 by and between the City of Richmond, Indiana, a ,municipal corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as the "City") and Spear Corporation, 12966 North County Road 50 west, Roachdale, Indiana, 46172 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORD. City hereby retains Contractor to provide services in connection with the removal of the old slide and to furnish and install a new slide ("Equipment") at the Cordell Municipal Pool for the Richmond Parks Department in Richmond, Indiana (the "Project"). Bid Specifications dated August 20, 2019, have been made available for inspection by Contractor, are on file in the office' of the Director of Purchasing for the City of Richmond and in the offices of the Parks Department for the City, and are hereby incorporated by reference and made a. part of this Agreement. Contractor agrees to abide by the same. Portions of the response of Contractor to said Request for Responses, which includes submitted warranties, is attached hereto as Exhibit A, which Exhibit is dated August 27, 2019, consists of five (5) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Contractor shall not modify or ' alter any standard warranty from the manufacturer of the above- described Equipment. Nothing contained herein shall prevent Contractor from providing any. additional or supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide City with copies of its warranty upon receiving a written or verbal request to receive such warranty. 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. 148--2019 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Two Hundred Thirteen Thousand Nine Hundred Eighty- four Dollars and Zero Cents ($213,984.00) for complete and satisfactory performance of the work required hereunder. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective upon complete execution of this Agreement and shall continue in effect until satisfactory completion of the Project, ,which completion is expected to be on or before May 1, 2020. 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. Page 2 of 6 Cover a a Limits A. worker's Compensation & Statutory Disability Requirements B. Employer's Liability $1005000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $11000,000 each person $1,000,000 each occurrence Section 2. Property Damage $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--11 (a) (2). In the event C.ontractor 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. Page 3 of 6 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.r22-16.5, the City reserves the right to consider the Contractor to be is 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; �. - 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. Page 4 of 6 t ' 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. 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 anytime 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 attorneys fees, whether or not suit is filed. [Signature Page to Follow.] 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" "CONTRACTOR" THE CITY OF RICHMOND, SPEAR CORPORATION INDIANA by and through its 12966 North County Road 50 Nest Board of Parks and Recreation Roachdale, IN 46172 By: By: Mike Foley, Preside r .Date: Printed: APPROVED: `Dar' . Sno Date: Title: G104V Date: - Page 6 of 6 v E2 40 0 a LL d � O �zJ tla i-- U .W r r� r � 44 v .p V � d � 0 5 CONTRA TORTS 131D FOR PUBUC WORK ow FORM 96 M } State Form 52414 (R2 tx--13) t Form 95 (Revised 201-9) � Prescfted by State Board of Accounts PART( (To be completed for all bids. Please type or print) Date (month, day, year): CS -z% 12o� 1. Governmental unit (owner): e I ry aF Rica m z5t4 n, did 2.-County:__ tr�QY�IE. 3. Bidder(Firm):_..SPeAR Cect'Pc�RA-rlc�� Address:_ 1 Z 96 (� A� . �ounlr,�5C� � CitylState/ziPcod�: �a eNnp_� t� 4�Ol? Z. 4. Telephone Number: . �765 522- 11Z b 5. Agent of Bidder Cif applicable): N�s1 Pursuant to notices given, the unders;gned offers to furnish labor andlor material necessary to complete the public works project of ` F-X S1.16E- ee$g��. P0L IF (Goyernmentai Unit) In accordance witH plans and specifications prepared by I If and dated efor the sun of $ z ge ov The undersigned) further- agrees to fumish a bond or certified check with this bird for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with'the notice. Any addend ums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original' contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor- and his subcontractors, If any, shall not,discrirninate against or intimidate any employee, or applicant for employment, to be employed its the performance of this contract, with respect to any matter directly or indireetEy related to employment because of race, rellgion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract, CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If -applicable) I, the undersigned bidder or agent as a contraotor on a Public works project, understand my statutory obligation to use steel products made in the United States (1',C. 5-16-8--2). 1 hereby certify that l and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. EMS 11BIT ., RAGE a OF ....� h SFCTION IV CONTRACTOR'S NON — COLWSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, sags that he has riot, .nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by hire, entered into any combination, collusion or agreement with any person relative to the price'to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrains from bidding, and that this bid is made without reference to any other bid and without any agreement, .understanding or combination with any other person in reference to such bidding% He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION v OATH AND AFFIRMAT(ON [HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT TIDE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. r Dated at. 89, 3o -A- this 2 day of Ao ~� (M a of organizallon) CIO vie BY f Tile of Person Signing) ACKNOWLEDGEMENT STATE OF a"b 1Av%k ss C0UNTY►OF Before me, a Notary Public, personally appeared the above -named r and swore that the statements contained In the foregoing,docurnent are true and Correct o before me this. 2-1+k day of "�s C)E9 . Subsor�bed and sworn t f Y Notary Pubic My Commission Expires: ~ t Z !�2'1 County of Residence:n+�e JANET BOLLMAN , Seat Notary Public - State of Indlana r . Putnam County I; My Commisslen Expires Nov 12, 2023 F + • . rt.trn A� F+� rrs [ri r Splash T acular- Waterslides 8; Waterpark Attractions '19 Waterslide operations and Maintenance Manual Limited Warranty Project City, State The equipment and service Is warranted pursuant to the following limited warranty: A. The equipment manufactured by Splashtacular LLC is warranted by Sp[ashtacular to be free from defects in workmanship or materials and free from defects arising from process of manufacture for a period of one year from XXXXX XX, XXXX until XXXXX XX, XXXX. Splashtacular hereby transfers and assigns to Owner any and all guaranties and warranties applying to the equipment supplied to Splashtacular by other manufacturers. Owner must notify Splashtacular in writing of any claim under this warranty within twenty (20) days of discovery of the defect. No equipment may be returned without the express prior written approval of Splashtacular after a determination by Splashtacular that such equipment is defective because of poor workmanship or defective materials. Splashtacular shall replace or repair said equipment'at its sole expense, except that Ownershall pay far disassembly of the equipment and shipping to Splashtacular's designated facility. If shipping would result in commercially extensive disassembly work, Splashtacular, may provide to Owner engineering. and site assistance at the premises to correct the -defect, at the exclusive discretion of Splashtacular.' Owner shall reimburse Splashtacular for all reasonable travel, lodging and related expenses incurred by Splashtacular in making repairs covered by this warranty. B. This warranty is void in case of abuse, misuse, abnormal usage, or repair by unauthorized persons, or if for any other reason Splashtacular determines that the equipment is not operating properly as a result of causes other than poor workmanship or defective materials, including but not limited to the following- 1, The equipment was operated with any components, accessories or parts not specifically designed, approved or, manufactured by Splashtacular. 2. The equipment was not operated or maintained In accordance with Splashtacular's instructions set forth in the Splashtacular'operating and Maintenance Manual. 3. The equipment was repaired, altered and/or modified without 'Splashtacular's written approval. 4. Owner does not notify Splashtacular of said defect as provided in sub paragraph "A" of this section. S. Owner does not submit reasonable proof of the defect to Splashtacular. 6. Owner does not cooperate with Sp[ashtacular in curing the defect. THE ABOVE EXPRESS WARRANTIES ARE MADE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPLASHTACULAR HEREBY SPECIFICIALLY DISCLAIMS AND BUYER WAIVES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. rilP iT _A PAG- E ;� � i SP)EAIR --CORPORATIONw- The Leaner In the Aquatic Industry since 1994. WARRANTY/GUARANTEE Spear Corporation guarantees all worl( performed under our contract to be free from defective material, equipment and workmanship for a period of one year commencing on the date of May I-Iti, 20201 The owner shall operate and maintain the slide and slide water system per operation and maintenance manuals, Except for abuse, neglect and normal wear, Spear Corporation shalt promptly correct such defective material, equipment and workmanship, including any other work which may be displaced or damaged in so doing at no cost to the owner. For warranty service call Spear Corporation at 800--642--6640. By: Date:- �? r AC40 LIDO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDPYYYY) 8/27/2019 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MJ Schuetz Insurance Services 55 Monument Circle, Suite 500MAIL Indianapolis IN 46204 CONTACT Tessa Russel[ PHONE PAX " 317-548-3946 A/C Na : ,917-639-6910 ADmimm. trussell sis,com " m INSURERS AFFORDING COVERAGE NAIC # INSURERA: United Fire & Casual Company 13021 INSURED SPEAR-2 Spear Corporation, Midwest Filter, #1 and Company Spear Real Estate Holdings LLC 12966 N. County Road 50W INSURER B : RSUI Indemnity Company 22314 INSURER C : Accident Fund Ins Co of 10166 INSURER D : BUrlin ton Insurance Company 23620 INSURER E Roachdale IN 46172-0003 INSURER F : COVERAGES CFRTIFIr.ATF Nt1MRFR,_ iRnF197RA97 RFVISION NHMRFRI- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTIMTHSTANDING 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, ILTR TYPE OF INSURANCE INSD WVSUBRI POLICY NUMBER MMIDDYYYY EFF MM1�DYIYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE 1XI OCCUR Y 927BW51182 4/15/2019 1/30/2020 EACH OCCURRENCE $ 000,000 DAMAGE TO PREMISES Es oaurmnce $ '100,000 GEN'LAGGREGATE MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $1,000,000 LIMIT APPLIES PER: POLICY JEC7 LOC OTHER: GENERALAGGREGATE $2,000,000 PRODUCTS-COMPIOP AGG $ 2,000,000 - Employee Benefit $1,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 60472020 113012019 1/30/2020 COMBINED SINGLE LIMIT Ea accident $11000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident} $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE NHAO85480 1/30/2019 1/3012020 EACH OCCURRENCE $ 630001000 AGGREGATE $ 500001000 DED FXIRETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIEfORIPARTNER/F ECUTIVE YIN OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If yss, describe under DESCRIPTION OF OPERATIONS below NIA WCV6071655 1/30/2019 1130/2020 X PERoTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE EA EMPLOYEE $ '1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 A Installation Floater 60472020 1130/2019 113012020 Limit Deductible 750,000 500 DESCRIPTION OF OPERATIONS 1 LOCATIONS ! VEHICLES (ACORD 101, Additional Rarnarks Schedule, may be attached If more space Is required) r.PPTiF1CATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Richmond 50 Norm 5th Street AUTHORIZED REPRESENTATIVE Richmond IN 47374 (01y36U_Zu 15 AL;UKU L;UKIJUKA I IUN. All rignt5 reserves. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD 0