HomeMy Public PortalAbout161-2013 - Parks - Wilco Custom Electronics - McBride Sound SystemAGREEMENT
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THIS AGREEMENT made and entered into this day of toe"t 2013, and referred to
as Contract No. 161-2013 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 Wilco
Custom Electronics, P.O. Box 1672, Richmond, Indiana, 47375 (hereinafter referred to as the
"Contractor").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services to furnish and install a sound system for the McBride
Stadium located at 20I NW 13ffi Street in Richmond, Indiana, for the Richmond Parks Department (the
"Project").
Request for Quotes were made October 10, 2013, which Request has been made available for inspection
by City, are on file in the office 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.
Contractor's Response to said Request for Quotes, consisting of four (4) pages, dated November 4, 2013,
is attached hereto as Exhibit A, which Exhibit is 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
sound system. 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;
2. The City is in receipt of any requested 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 its services.
Contract No. 161-2013
Page 1 of 5
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 Ten Thousand Eight Hundred Thirty-five Dollars and Zero Cents
($10,835.00) for the satisfactory performance of this Agreement.
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 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.
Coveraee Limits
A. Worker's Compensation & Statutory
Page 2 of 5
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
$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
$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:
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 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;
Page 3 of 5
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. 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 Ionger 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.
Page 4 of 5
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.
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
/l. . �L..V11I
Date: /,P-- ,,2 -- J 3
Sarah L. Hutton, Mayor
Date: L .") —1) —' 3
"CONTRACTOR"
WILCO CUSTOM ELECTRONICS
P.O. Box 1672
Richmond, IN 47375
By'
Printed: (?,-a l riLAt.'L
Title: i ,
Date:
Page 5 of 5
EXHIBIT PAGE �OF
CITY OF RICHMOND
50 North Fifth Street
Richmond, Indiana 47374
(765) 983-7200
Wilco Custom Electronics
P.O. Box 1672
Richmond, Indiana. 47375
PRICE REQUEST
THIS IS NOT AN ORDER
INSTRUCTIONS
This is a request for a price or quote for the services or
materials described below. Any additional
specifications may be attached hereto. This is not an
order and the City reserves the right to accept all or
part, or decline the entire proposal. Please complete
your full name, address, and phone number below with
signature; itemize all prices and charges where
requested; and attach explanation for any substitution to
specifications altered. Please return in care of
Purchasing to the address above by the specified date
and time to be considered unless otherwise specified.
DATE REPLY MUST BE IN DELIVERY REQUIRED
October 22, 2013 November 4 2013 by 12:011111 noon DELIVERED
QUANTITY CATALOG NO. DESCRIPTION
Sound System -
McBride Stadium
(See Attached)
Quotes may be mailed, brought, or faxed
to the attention of Vicki Robinson at 50
North 5th Street, Richmond, IN. 47374.
FAX: (765) 983-7212.
PRICE REQUEST
s
BY
VICKI ROBINSON
PURCHASING DIRECTOR
PAYMENT TERMS
UNIT PRICE 1 TOTAL
'5-Ce-
a111, G11.e
NAME OF FIRM QUOTING t
Y1� t LC �7 C►trlj.�.�r. �{���'or�i �t
BY ---�
UTHORIZED BY
-
TITLE
DATE
State Tax Exemption No. 003121909-001
Phone No. -70-'
EXHIBIT PAGE
CUSTOM
ELECTRONICS
'3.
Bate 111I34113
'Cllertt.
City of Richmond
Purchasing Office
-5414orth,5th Street
Richmond, K 47374
system /Job Proposal
Quote ## RJFQ2431
:lief # b4cBride Speaker .System
Client phone: 765-983-7200
Fax,
Ln.# _Cty Part-# Dasgriptian nit Price Ext_ .Price._
ITEMS AS SPECIFIED IN RFQ
This section of the quote complies with the specific items requested in the RFQ, HOWEVER,
this -list-does NOT represent a completely "new -sound -system" as -suggested in the RFQ. As
a point of clarification, a new sound system would typically include source equipment such as
microphones, mixer, processor, etc. For the purpose of this quote, we are only dealing with
the speaker system including amplifier(s).
Furthermore, the proposed system will use four amplifiers but only one is included in the RFQ
and bid. To explain why, here is some background on the project. WILCO was asked in
2012, for a proposal to 1) repair the existing sound system by replacing speakers that were
defective=and-2)-augment-the-systom to::inclWe:sound_over the -right and left.group deck& In
an effort to minimize the expense of repairs, it was suggested that the existing amplifiers may
be able to be reused for the main grandstand speakers. A bid was offered at that time for .
grandstand speakers and one amplifier for the group deck speakers. This RFQ was based on
that bid -
Since the RFQ, therefore, specifically calls for only one, two channel amplifier for the
speakers, this quotation will comply by only bidding the one amplifier. IT IS STRONGLY
ADVISED, that the older amplifiers be replaced along with this upgrade. The next, optional
sec lea-ef tt-�&.quetatiewiwludes kbese addftionat amplifiers:: If-yowchoose Mt ta-mpla€e all
the amplifiers and to reuse the existing amps, be advised that it is possible that one or more
of the existing amps may be deemed unusable once installation and testing has commenced.
In that event, replacement will need to be arranged at an additional cost.
Finally, at the time of the original bid, there was a suggestion that the city may be able to
provide scaffolding necessary for the high speaker work. Therefore, no allowance was made
for providing scaffolding. in the original bid. Since this RFQ clearly calls for all labor and
ma necessary for-ostatiatioa, scaffokkngbeen kided. at the-c eot bi L VVILCQ-
is open to a negotiation of the labor cost if the city wishes to provide scaffolding.
R.5-09Z Corrrr riity 2-way Outdoor S#Oak$r- $873:00-
Two-way, full -range loudspeaker system engineered to provide quality full -range sound
projection in a variety of outdoor applications including sports stadiums. Its wide range,
smoaft#equency resp a arrd tirghi effrciec t ensuretxittt=ho WaW rwiwareproductm
and superb projection of clear intelligible speech with very low distortion. Five-year limited
product warranty, fifteen -year enclosure warranty. For use in grandstand.
11/04/13 WILCO Custom Electronics Page 1
PO Box 1672 - Richmond, IN 47375. - Tel (765) 966-1993 - Fax (800) 859-5481
112 4$<40 ema kt:- ct c�itc�- trr`
f Y14!q!T PAGE
Ln # Qty
I Part # Description
Unit Price
I=xt. Price
3 1
R,5-;94Z Community 2-way Outdoor Speaker
$873.00
$873.00
Same as R.5-99Z but with a more focused vertical dispersion pattern. To be mounted on side
of stadium roof or concession stand to cover east patio area.
4 1-
R-.S-MTZ- C=murAy 2 'QuW=- Speaker
'$923.00
$923,M-
Same as R.5-99Z but with more focused dispersion and transformer for constant voltage
drive. For use to cover left field party deck.
5 6
SBC3-8-CA-20 ATM Flyware Swivel Beam Clamp
$370.0o
$2,220.00
For mounting speakers to roof 1-beams.
6 2
NPN Custom mounting hardware for party deck speakers
$100.00
$200.00
7 1
ISA500TI QSC 2-than 260 wpc Amplifier 70v
$911.00
$911.00
New amplifier to drive two, additional group deck speakers.
8 2
PSC-1 Raxxess 1-RU Security Cover
$35.20
$70.40
9 1 PARTS Wire, connectors, miscellaneous parts.
$300.00 $300-00
40 1 DISCOUNT Equipment Discount-$1,900.40-$1,900.40
11 ' 1 • LABOR Labor for installation of new speaker system. $2,000.00 $2,000.00
12 RFQ:TaWE $1Q,$35.QQ
13 OPTIONAL REPLACEMENT AMPLIFIERS
(not included in quote total)
14 3 ISA450 QSC 2-chan 260 wpc Amplifier (Optional) $569.00 $1,707.00
Amplifier to replace existing Crown amps- 3 required to drive all 6 grandstand speakers.
One year warranty for installation labor. Original manufacturer's warranty on equipment as
indicated.
Cmatencemerd of work-depenft an jobs in-hausaat tires-atyour order huta WmW 2 3
weeks, Please allow i 2 weeks for completion of work,
11/04113 1NIL.CO Custom Electronics Page 2
PO Box 1672 - Richmond, IN 47375 - Tel (765) 966-1993 - Fax (800) 859-5481
Q�;�,q;4Q emaita- �.�cuaturrcc�m,
EXHI13IT PV PAGE�
Ln # Qty Part # I Description Unit Price Ext. Price
QUOTE SUMMARY
Date 11104I13 �
Quete # RJFQ2431
Fief # EUtcBride Speaker System
Payment terms: 100% on receipt of invoice
Sub -total: $10,835.00
Sales Tax: $0.00
(not charged on labor)
Shipping_ Estimate' $A__QQ_
Total $ If1;835.FiE3
PURCHASER'S ACCEPTANCE
The above Quotation is accepted:
Company
Address
If net terms have been extended, a finance charge of one and one-half percent (1-112%) will be City
charged on any ullpaid balance if fu11 payinent is- not made within net days indicated after invoice. Signature
The pricing and shipment estimate (if applicable) quoted is valid for 330 days from the
date ofttiis quotation.
'rli..CO Custom Electronics
Quotation submitted by:
Rick Funk, President
Title
CustGmmp4#:
State
Date
CREDIT CARD PAYMENT (Visa or Mastercard only):
Type_ (circle) Visa Mastercard
Number:
Txp T5ate: CVV2 code:
Name on card:
Card billing address:
Citylstatdzip :
11/04/13 WILCO Custom Electronics Page 3
PO Box 1672 - Richmond, IN 47375 - Tel (765) 966-1993 - Fax (800) 859-5481
09 4$:40 gmall,. tic@_wlIc9rw5t-QMr fTV