HomeMy Public PortalAbout087-2012 - Sanitary - Georgia DirectAGREEMENT ORIGINAL
THIS AGREEMENT made and entered into this C24f_ day ofTLt"-P_, , 2012, by and
referred to as Contract No. 87-2012 between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as
the "City") and Georgia Direct Carpet, Inc, 1530 South Wh Street, P.O. Box 1663, Richmond,
Indiana 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to fiunish and install carpeting, as specified, at the Richmond
Sanitary District Administration Building.
A Request for Quotes dated May 15, 2012 has been made available for inspection by Contractor,
is on file in the office of the Richmond Sanitary District, 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,"
consisting of five (5) pages, and is hereby incorporated by reference and made a part of this
Agreement. Contractor shall provide all equipment and services listed on Exhibit "A."
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 famish 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:
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=5-1.7-1 1(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 sum not to exceed Twelve Thousand Five Hundred Seventy -One
Dollars and Twenty Cents ($12,571.20) for complete and satisfactory performance of the work
required hereunder.
Contract No. 87-2012.
Page l of 5
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties 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, .£or any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards 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 date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated by either the City or the Contractor, in whole or in part,
by mutual Agreement 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 . Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability
$100,000
Page 2 of 5
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$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
$1,000,000 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 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 VIR. 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
Page 3 of 5
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
calendar dayduring 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 IX. 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 X. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither parry 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
Page 4of5
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 other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
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.
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 Sanitary Commissioners
KFA, ! i. 71111414r. 4 `
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Date: I b
Date:
"CONTRACTOR"
GEORGIA DIRECT CARPET, INC.
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Printed: 4,�
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Date: 7 49,> d '�
Page 5 of 5
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.. . .. ... ... . .. ... PRICE REQUEST
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CTrY OF RIGIMOND
DEPAR2380LW�-rrroF sANrrAnoRICUMN13. THIS IS NOT AN ORDER
2380 LiBERTYA[.RIQ�t�III. II�I]IAAiA 47374
PliOM (74 9837450,FM (765) W-2&9
A^t .:.ti�ii'.uF;��;v'ta� :•��.,_�„�K��:�£y�*���� .- .fir . ��:s�=x�. '`�,
VENDOR INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
attached hereto. This Is NOT an order and the City reserves
Georgia Direct Carpet, Inc. the right to accept all or part, or decline the entire proposal.
Please complete your full name and phone number below
I530 South 9 Street with signatura; itemize all prices and charges where
Richmond IN 47374 requested; and attach any explanation for any substitution to
specifications altered. Return In a sealed envelope, In care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
saeeified date and time to be considered.
DATE: I REPLY MUST BE IN BY:
May 15, 2012 June 12, 2012 by i0:00AM
PAYMENT TERMS: I DELIVERY R120111RED:
UPON RECEIPT OF INVOICE DELIVERED
This is a request for quotes for Replacing Carpet for the Administration Building. Please see attached specifications.
All E-Verify requirements and Indiana .Local Preference Claims will apply to this quote. Please include a Certificate of
Insurance, which must Include Workers Compensation (insurance limits enclosed), and Warranty Information with
quote. A Pre -Quote meeting will be held on Monday, May 24 2012 at 2:30PM at Richmond Sanitary District, 2380
Liberty Avenue, Richmond, Indiad,%
Return the quote in a_sealed envelope addressed to: Richmond Sanitary District
Denise Johnson, Customer Svc Mgr
2380 Liberty Avenue
Richmond, IN 47374
L Re: replacing carpet i
Quote Valid Until 067 D 1)'�A }�- if Awarded, Earliest Start Date 7 l Q0
Please llst lead time once issued Purchase Order
Total Quoted Price $ 121 d ? ).
Please call Jeff Lohmoeller at 765-983-7464 or Denise Johnson at 765-983-7443 with any questions.
ST TAX EXEMPTION 3121909-OD3
'Richmond Sa i ary District
NAME OF FIRM QUOTING:
AUTHORIZED BY SMATr1AE
DATE PRONE NUMBER
EXHISIT-6— PAGE I OF 5
COPY
CARPETING FOR THE'E.ADMMISTRA.M N EUILDING
Richmond Sanitary District is requesting carpet quotes for the Reception Area, Board
Room, Hallways and Offices in the.A:drni ai' tration Building. The size. of each -room is
approximate and needs to be field verified by person quoting the project. ;Dilraloc Air is
Jo he used, this is a high performance bacidu .s stem deli ied to meet the tough
demands of commercial car et detailed,iinformation attached: The specific carpet
color is listed: by each individual area.. The Pcove base color will be bla&far each
office area.
Cost is to include carpet and Duraloo Air backing, cover base, and installation. A pre -
quote meeting will be held atthe Sanitanj District on Monday May 21, 2012 at 2 3O1'M
at the Administration Building located at 2390 Libeity Avenue, Richmood, Indiana,
All rooms must be measured by company quoting. All sizes provided.ozn. proposal
sheet are approximates. The vendor'who is awarded the job providing and
installing the carpeting will.have to coordinate installation tines with the Sanitary
District. Tujrn tut-e is to be .moved byveftd.nr. Tlie preference of the installation
would be in the evenings or weekends.
OFFICE,
office 111911 x 19' 9" — Bigelow Bravo Wow 7988 SuJ2 er [xreRt
CARPET, DURALOC AIR & LABOR COST
Quainf�tyneeded:{apprax, sq. yds� -- �`� -- -
Cost - .�[� t .
COVE BA.SE,.6" vinyl (material and labor)
Quatitity needed = i�
Cos€ - $ 13
WAAiVI; LO !- A.-17- f —XXI cialir: "A.uTu :Tr WTT. 1��U v
CARPET, DURALOC AIR & LA.BOP.:COST
Quantity needed (approx'. sr
Cost-$. i� 5
COVE BASE, 4 yl (ia ate4pLI and labor)
Quan0ty needed —` n
Cost - $. V, i
13:- Q.,:: X A7 ! - _.J]k GIUW 17l0.Y-u.- YT UTY -f wqv L3u lYi V:i.ki�c
:�T, DTS1 44I OC AIR & LABOR COST
QuaWty needed (approx, sq yds.)J
Copt -
EXHIBIT � .PAGE a �OF ��S
COVE BASE, 6" vinyl (material and labor)
Quantity needed —
Cost - $ I kDt . DO
94 km. Office 1319" x 1117" — Bie-elow Bravo_ Wow 7988 Super Great
CARPET, DURALOC AIR & LABOR COST
Quantity needed (approx. sq. yds.) -- i Q --
Cost - $ 15u,?).1 O
COVE BASE, 6" vinyl -(material and labor)
Quantity needed --
Cost -
##51o. Office 1.319" x 11'7" -- Bizelow Bravo Wow 7988 Super Great
-CARPET, DURALOC AIR & LABOR COST
Quantity needed-(approx. sq. yds.) —q
Cost - $ 5 U - 1)
-COVE BASE, 6" vinyl {material and labor)
Quantity needed —
Cost - $ 1 D :
#6 rf. Office 1319" x 1117" -- Bitelow Bravo Wow 7988 "Super Great
CARPET, DURALOC AIR & LABOR COST
Quantity needed (approx. sq. yds.) — q
Cost - $ 5 , I c) -
COVE BASE, 6" vinyl (material and labor)
Quantity needed — _ 5U
Cost - $ 1 -L21, .
#71I. OfEce 19'6" x 1518" —Bigelow Bravo Waw 7988 Super Great
CARPET, DURALOC AIR & LABOR COST
Quantity needed (approxsq. yds.) —�
Cost - $
COVE BASE, 6" vinyl (material and labor)
Quantity needed — ^-I
Cost- $ \
#8 ew. Office 11' 8" x 15'5" — Bi elow Bravo Wow 7988 Super Great
CARPET, DURALOC AIR & LABOR COST
Quantity needed (approx. sq. yds.) —
Cost - $ _UD_ 1 ;9 0 -
COVE BASE, 6" vinyl (material and labor)
EXilBtT I�PAGE 3 OFS
Quantity needed —
Cost-$-�77.��
16" _ Mup.lnry Wnvnn I m—riTer Tclnnd TT —
CARPET, DURALOC AIR & LABOR COST
Quantity heeded (approx. sq. yds.)�9
Cost =$ tLau`I,IQ
COVE BASE, .6" vinyl (material and labor)
Quantity needed
Cast s. w A
Rece Lion Area 1515" x 1517" - Bigelow Woven Barrier Island 11— 87851 Ideal
.Utopia
CARPET, DURALOC AIR & LABOR COST
Quantity needed (approx. sq. yds.) - l
Cost - $ 14 0
COVE BASE, 6" vinyl -(material and labor)
Quautityneeded—_��,�
Cost $ _ 4-1 : 2-0 --
Board Roam 2012" x 161.1" BiLyelow Bravo Wow 7988 Su1)er Great
CARPET, DURALOC AIR & LABOR :COST
Quantity needed (approx. sq. yds.) ��-S
Cost
COVE BASE, 5" vi4yl (material and labor)
Quantity needed
Cost - $ . c: '
r;8i Sa€etv Offiee.l�'x�:8'-- I3i�elo�v Brava VVa��' 7988 Sniper Gz�ea
CARPET, DURALOC AIR &.LABOR COST
Quantity needed (approx. sq.:yds.)
Cost. $ i -
COVE BASE, 6" vinyl (material and Tabor)
Quantity needed— oC
Cost-
PREPARATORY C A G-ES (removaland disposal.of old ca.rpet and floor
prepay ation to apply new carpet)
E7WIBIT-PAGE _�L_0F,5-
OTHER CHARGES (to move furniture)- $ 159.P
offer
$_ :Ia4 r-S-71.
Please provide warranty information of installation and carpet including its wear
and fade characterizes.
Please provide maintenance information.
Please state approximate starting date of this project and length of
time: 'D.0 ! g,
Please include -a current Certificate of Insurance with your bid.
Please list approximate lead time once issued a Purchase Order -
COA ANY & RE'RE' PRE, SENTATIVE
CITY
PHONE NUMBER
i 5 w Srju t F, q+-k
3
ADDRESS
STATEIZfP-
77 (QS- 53R3 _
FAX NUMBER
EXFIBR�AGEf�OF 5