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Home My Public Portal About012-2014 - Parks - Carroll Electric - General MaintenanceAGREEMENT THIS AGREEMENT made and entered into this day of ke 014, and referred to as Contract No. 12-2014 by and between the City of Richmond, Wiana, a municipal corporation acting by and through its Board of Parks and Recreation, with its office at 50 North 5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Carrol Electric, Inc., I I I I NW "T" Street, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide general electrical repairs for the Richmond Parks and Recreation Department. A Request for Quotes dated November 8, 2013, has been made available for inspection by Contractor, is on file in the offices of the Richmond Department of Parks and Recreation, 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", which Exhibit is dated November 25, 2013, consists of one (1) page, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. 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 Il. 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. 12-2014 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor in accordance with hourly rates established on Exhibit "A" attached hereto and incorporated herein by reference, for complete and satisfactory performance of the work required hereunder. Actual payment shall depend upon services rendered, but shall not exceed Five Thousand Dollars ($5,000.00) for the 2014 calendar year. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until December 31, 2014. 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 Page 2 of 6 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 A. Worker's Compensation & 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 Limits Statutory $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 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 Page 3 of 6 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 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- 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 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; 2. 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 Page 4 of 6 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. 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 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. 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" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By ,��-- Bill Thistlethwaite, Superintendent APPROVED: Sarah L. Hutton, Mayor Date: "CONTRACTOR" CARROL ELECTRIC, INC. I I I I NW "T" Street Richmond, IN 47374 Printed: DhAlt e 4 0, ST C- Title: _ggjtl� Date: Xd/ Page 6 of 6 11/25/2013 10:30 Yea UAKKULL LLLU I NiU EXPIDIT _ PAGE L �9 � rFAUL nl CITY OF RICHMOND DEPARTMENT OF PARKS & RECREATION 2200 E. NATIONAL IM , MCHMOND, INDWNA 47374 PHONE (765) 983-7275 PAX (765) 983-7279 SALLY HUITON Mayor WILLIAM THI.STLETHWAIM Se peri nendmw The City of Richmond Parks and Recreation Department seeks quotes for general electrical repairs at all of its parks and facilities for the year 2014, as needed. Quotes are due in the Parks Administration office at 5:00 pm on November.25r2013... - Quotes will be considered on the following criteria: 1. Labor rates paid shall be for only productive hours beginning and ending at the jobsite 2. Labor rates shall include all direct and indirect costs such as transportation and overhead. 3. Regular business hours are Monday — Friday 8:00 am — 5:00 pm.. ITEM # DESCRIPTION QTY UNIT OF MEASURE UNIT PRICE 1 Electrician Regular Hourly Labor Rate 1 HOUR $48..00 2 Minimum Hours if an HOURS N/A 3 Electrician Overtime Hourly Labor Rate 1 HOUR $62.00 4 Material Mark-up % N/A Please submit the attached E-Verify affidavit with your quote. Please submit a current certificate of insurance with your quote. Coverage and limits of insurance are attached. Call Bill Thistlethwaite at (765) 983-7276 with any questions. Received Time Nov,25, 2013 9:54AM No.4482 DATE(MMIDDffy" ACORQ CERTIFICATE OF LIABILITY INSURANCE 01/14/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 endorsement(s). CONTACT PRODUCER RMD/Patti Insurance & Financial Services PN °NE 765.966.7531 1'AC No:765.935.2476 ac Ne Ekt 36 South 9th Street ADDRESS: P. 0. BOX 1167 INSURER(S)AFFDRDING COVERAGE NAICS Richmond, IN 47375 INSURER A: Eastern Alliance Insurance Co. 9901 INSURED Carroll Electric INSURER B : Thor Construction INSURERC: - 1111 NW T Street INSURERD: Richmond, IN 47374 INSURER E: COVERAGES CERTIFICATE NUMBER: 13/14 Master Carroll NUMBER: THIS IS TO CERTIFY I HA I i Fit t Uu� i=a ur u�aurww� " •- • •• •-- ---- - - THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. - OUCY EFF . POLCY EXP LIMITS ' TYPE OF INSURANCE INSR WVD POCY NUMBER MMIDD/YYY MM/DDNY RR LI GENERAL LIABILITY EACH OCCURRENCE S j COMMERCIAL GENERAL LIABILITY j PREMISES (Ea Occurrence)$ CLAIMS -MADE OCCUR I MED EXP (Any one person) S DV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n ECT F LOC AUTOMOBILE LIABILITY ANY AUTO _y ALL OWNED AUTOS HIRED AUTOS R SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAR HOCCUR EXCESS LIN CLAIMS nFn RETENTION S AND EMPLOYERS' LIABILITY JINI ANY PROPRIETOR/PARTNER/EXECUTIV�'{ 1 NIA A OFFICER/MEMBER EXCLUDED? U (Mandatory in NH) If ves. describe under 07-6000001598-Oq 1112212013.11 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION PERSONAL 8 A _ GENERALAGGREGATE $ PRODUCTS - COMPIOP AGG S BODILY INJURY (Per. Person) I S BODILY INJURY (Per accident) S PROPE (Per accdent) de $ nt) S EACH OCCURRENCE $ AGGREGATE S S EL EACH ACCIDENT S EL DISEASE -EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Richwnd 50 North 5th Street John Dils/CMB Richmond, IN 47374 - O 1988_ 0010 A ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD Soo Soo Soo reserved. AC40 D® CERTIFICATE OF LIABILITY INSURANCE DATE(141?_014 O1/14/2014 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 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 endorsement(s)- PRODUCER VanVleet Insurance Agency 1 Glen Miller Parkway CONTACT NAME: PHONE Ext (765)935-5655 ac No :(765)935-6164 E reAIL ADDREss; vanvleet@vanvleetinsurance.com INSURERS AFFORDING COVERAGE - NAIC# Richmond, 1N 47374 INSURERA: Erie Insurance Group INSURED INSURERB:Erie Insurance Group INSURER C: Erie Insurance Group Thor Construction & Carroll Electric Inc 1111 Nw T St Richmond, IN 47374-1474 INSURER D: INSURER E: INSURER F: nv�ewcrc r,=Ti Glc ATE NUMBER• REVISION NUMBER: yTHIS 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. INSR LTR TYPE OF INSURANCE AUU WOK POLICY NUMBER POLICYEFF MMMILIDD CY EXP IIMnS A X COMMERCIAL GENERAL LIABILITY611 CLAIMS -MADE OCCUR Q420152047 /2013 6/1/2014Y EACH OCCURRENCE b 1000000 DAMAGE TO RENTED PREMISE Ea ocw rence $ 1000000 MED EXP (Arty one person) b 5000 PERSONAL & ADV INJURY b 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2000000 PRODUCTS-COMP/OP AGG b 2000000 X POLICY PRO- LOC JECT b B OTHER. AUTOMOBILE LIABILITY Q060130634 611/2013 6/1/2014 Ea BT SINGLE LIMIT y BODILY INJURY (Per person) S 1000000 ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOSNON-OWNED HIRED AUTOS AUTOSPeracciden[ I BODILY INJURY (Per accident) S 1000000 PROPERTY DAMAGE 1000000 $ UMBRELLA LIAB x OCCUR Q300170401 6/1/2013 6/1/2014 EACH OCCURRENCE b 5,000,000 AGGREGATE S 5.000.00D X EXCESS LIAB CLAIMS -MADE DED RETENTION 5 WORKERS COMPENSATION PER OTH- STATUTE ER S ' E.L. EACH ACCIDENT b AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORJPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? El (Mandatory in NH) NIA EL DISEASE - EA EMPLOYE S E.L DISEASE - POUCY LIMIT b If yes, describe under DESCRIPTION OF OPERATIONS below ' DESCRIPTION OF OPERATIONS /.LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requlmd) ctK I It-IGA City of Richmond 50 N 5th St Richmond IN 47374 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - r��1C2.�G.cCL� o tln4 w A rnon !`noon0ATInN All rint,,F : ro_cPrvad ACORD 25 (2D14101) The ACORD name and logo are registered marks of ACORD Affidavit of Employment Eligibility Verification The Contractor, Carroll. Electric Inc. , affums und.cr the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is Self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qual.ifled alien. The Contractor has not knowingly employed or contracted with an unauthorized. alien and shall not retain an employ= or contract with a person, that the Contractor subsequently learns is an unauthorized alien. Pursuant to .Indiana Code 22-5-1.7, Contractor la.as enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien, and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Datedthis 25th.day of November , 20 1.3 (signature) / Daniel D. Stamper (printed name) Received Time Nov.25. 2013 9:54AM No.4482