HomeMy Public PortalAbout142-2013 - Parks - Miracle Recreation EquipmentAGREEMENT
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THIS AGREEMENT made and entered into this (�I _day of 2013, and
referred to as Contract No. 142-2013 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 Miracle Recreation Equipment Co., Inc., 8445 Solution Center, Chicago, Illinois, 60677-
8004 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services to replace the pour in place surface at the
playground located in the Glen Miller Park for the Richmond Parks Department (the "Project").
City requested a quote from Contractor as a sole -source provider and Contractor's quote is attached
hereto as "Exhibit A", which Exhibit is dated May 8, 2013, consists of two (2) pages, is hereby
incorporated by reference and made a .part of this Agreement. Contractor agrees to comply with all
terms and conditions contained in 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 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;
2. The City is in receipt of any requested affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-1 (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 its
services.
SECTION III. COMPENSATION
City shall pay Contractor the quote amount described on "Exhibit A," provided that Contractor shall
be paid an amount not to exceed a total of Eleven Thousand Dollars and Zero Cents ($11,000.00) for
the satisfactory performance of this Agreement.
Contract No. 142-2013
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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, 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 subcontractors 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 $I00,000
C. Comprehensive General Liability
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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
$ I,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 performance 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.
Contractor covenants and agrees to comply with the worker's compensation provisions of the SEP
Agreement.
SECTION VII. 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:
l . 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 day during
which such person was discriminated against or intimidated in violation of the provisions of
the Agreement; and
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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. VioIation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. 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 XI. 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 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 X1. 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 maybe altered or amended in whole
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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.
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, INDIANA by
and through its Board of Parks and Recreation
19 -��L �.._
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Date:
APPROVED:
Sarah L. Hutton, Mayor
Date: I
Miracle Recreation Equipment Co., Inc.
8445 Solution Center
Printed:
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EXHIBIT- PAGE _j_0E
Sr Ohici?
QUOTATION
TO: Richmond Parks & Recreation Dept. QUOTE #:
JD10598
50 North Fifth Street CUSTOMER QUOTE ID:
JD_RICHMOND_DYKES
Richmond, IN 47374 _ DATE:
May 8, 2013
ATTN: Jim Dykes SUBJECT:
Glen Miller / Pip Recap
PH: +1765-983 7423 QUOTE FIRM:
30 DAYS
FAX: +1765-983-7279 DELIVERYARO:
4-6 Weeks
PRICES QUOTED F.O.B. JOBSITE EMAIL:
jdykes@richmondindiana.gov
TERMS: ORDER CANNOT BE PLACED WITHOUT SIGNED QUOTE OR PURCHASE ORDER. ORDERS OVER $5,000
WILL REQUIRE A SIGNED PURCHASE
ORDER BEFORE THEY WILL BE PLACED.
ORDER IS 30 DAYS WITH APPROVED CREDIT AND WITH PURCHASE ORDER (P.O.) OR LETTER OF PURCHASE.
OTHERS NEED IRREVOCABLE LETTER
OF CREDIT WITH P.O.. UNSATISFACTORY/NO CREDIT HISTORY: PAYMENT WITH ORDER
QTY Y/N . - .:.ITEM bESCRIP-710N LIEVIT.PRIGE`- :3 .TOTAL PRICE
1 Y SPECTRA CAP TERRASOFT POURED IN PLACE WEARING LAYER RECAP, fo
about 440 square feet (BLUE AREA). _A wearing layer uppe
membrane. over a pre existing underlying Impact attenual
cushion layer. The finished surface shall be porous: Choicc
two (2) colors or'so]id 6ol6r($500 Deduct for50/50
black color); Includes Installation and Freight (ibrx). / / Pl
1 Y SPECTRA CAP 2 TERRASOFT POURED IN PLACE WEARING LAYER RECAP fo
about 471 square feet (RED/BLACK AREA }.'A wearing laye
upper membrane over a pre-existing Underlying impact
attenuation cushion layer. The inished.surFace shall be
porous: Choice of two (2) co[ors or solid color ($500 Dedu
for 50/50 black/color), lncludes Installation and Freight (il
Y
Y Equipment/Material Subtotal
Y Sales Tax (Equipment & Freight)
Y Delivered Price of Equipment/Material Only
GRAND TOTAL 1 $ 11,000.00
- PLEASE USE THE FOLLOWING ADDRESS FOR
YOUR PURCHASE ORDER AND PAYMENT..,.
Miracle Recreation Equipment Co., Inc.
8445 Solution Center
'Chicago, IL 60677-8004
Richmond Parks and Recreation
Ex�)BiT PAGE aF Z
Glen Miller Park / PIP Recap
Page 2 of 2
Thank you for the Oppeftuy(jj#toproyijpk-jhis
Signed
Miracle Mi
on.
THIS QUOTE DOES NOT INCLUDE�--�
Storage • Assembly • Installation of Equipment • Site Preparatio
PLEASE NOTE THE FOLLOWING:
Sales tax on this quote is only an estimate. Final sales tax will be added to your invoice if a current form is not on file in our
office. If this quote is not paid for when ordered, a Miracle Credit Application must be completed and returned before
your order is, placed. If credit is not issued, Cash in Advance is required with order. See top of quote for terms.
To confirm this order, please sign, complete all information below and fax to "ORDER ENTRY" at 517-349-1911.
Signature
Date
PLEASE PROVIDE (NECESSARY FOR ORDER TO BE PLACED):
'SHIP TO ADDRESS INVOICE TO ADDRESS
CONTACT #1
P.O. to Miracle Recreation Equipment Co.
(Required for orders over $5,000)
PHONE #:
CONTACT #2 PHONE #:
EMAIL ADDRESS
NOTE: YOUR PLAYGROUND 1S NOTADA COMPLIANT UNLESS YOU HAVE ADA COMPLIANT SAFETY SURFACING.
SAFETYSURFACING IS REQUIRED UNDER & AROUND ALL PLAYGROUND EQUIPMENT.
IMPORTANT: PLEASE FAX ALL PAGES OF QUOTE WHEN CONFIRMING ORDER.
Thank You!
i
Playground Equipment • Steel, Wood Fabric Shelters • Splashpads • Athletic Equipment - Safety Surfacing • Dog Specialty Parks • Pool Slides