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HomeMy Public PortalAbout092-2014 - Parks - Floating Docks Manufacturing - Repair Docks damaged from stormS AGREEMENT THIS AGREEMENT made and entered into this / $T day of AQL3 w s r , 2014, and referred to as Contract No. 92-2014 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 Floating Docks Manufacturing Co., 3010 W. Morris Street, Indianapolis, Indiana, 46241 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform emergency services in connection with the repair of certain docks (marked as area `B" on Contractor's map attached to Exhibit A) located at the Middlefork Reservoir for the Richmond Parks Department in Richmond, Indiana (the "Project"). Contractor's quote is attached hereto as Exhibit A, which Exhibit is dated July 9, 2014, consists of two (2) pages, and is also hereby incorporated by reference and made a part of this Agreement. 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. 92 -2014 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Sixteen Thousand Two Hundred Nineteen Dollars and Ten Cents ($16,219.10) for complete and satisfactory performance of the work required hereunder. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the 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. WITHHOLDING RETAINAGE, AND CLAIMS FOR PAYMENTS Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the event Contractor fails to timely pay any subcontractor, laborer, or material supplier for the performance of services or delivery of materials under this Agreement that the Board of Public Works and Safety for the City shall withhold payments in an amount sufficient to pay the Page 2 of 6 subcontractors, laborers, material suppliers, or those providing services. Contractor further understands, acknowledges, and agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12. SECTION VI. 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. OV 5 c Coverage A. Worke Compensation & Disability NQuirements B. Employer's C. Comprehensive General Section 1. Section 2,01 Property D. Comprehe�ve Auto Liability ion 1. Bodily Injury Section 2. Property Damage Comprehensive Umbrella Liability Statutory $100,000 3-/,,/7-ol'l $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence 1,000,000 each person $ 00,000 each occurrence $1,0 000 each occurrence $1,000,000% ch occurrence $1,000,000 ea ggregate SECTION VII. 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 Page 3 of 6 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 IXI. 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. 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. Page 4 of 6 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 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 XI. 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 XII. 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 Page 5 of 6 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 Bill Thislethwaite, uperintendent Date: APPROVE g;�:;� e�4� Sarah L. Hutton, Mayor Date: is "CONTRACTOR" FLOATING DOCKS MANUFACTURING CO. 3010 W. Morris Street Indianapolis, IN 46241 By: Printed: s t o et%. e- GA -. L, Title: a s . ,) s- Ir Date: Page 6 of 6 PREFFT: PAGE OF 2 Floating Docks Mfg. Co. 3010 W. Morris Street Indianapolis, IN 46241 (317) 803-2443 Fax (317) 803-2444 Repair Estimate Name City of Richmond Date 7/9/2014 Contact Jim Dykes - ------- ------- * --- -- - Address 50 North 5th Street Ship To: C4 Richmond State IN Zip 47374 Dock B Phone (765) 983-7423 Fax (765) 983-7279 E-mail idykes(5richmondindiana.ggy Scope: ... . .. - ------ --- qty Description 1 Material Including: :(10) 4000 lb concrete anchors, (2800) ft 1/2" galv cable, '(10) anchor leaders and hardware, (2) 4872-24 float, (1) 4 ft. 5th wheel C-Channel. 135 Labor (per man hour) 4 Food & Motel I Crew Mobilization and TT (Emergency re -anchor) Taxes www.floafingdocks.r-om Unit Price TOTAL — -- ------------- ------- $6,130.00 $6,130.00 $60.00 $8,100.00 $320.00 $1,280.00 $280.00 $280.00 SubTotal $15,790.00 Shipping._ IN $429.ib- TOTAL $16,219.10 M ENGIDOC-01 SEDWARDS . 111a 0 CERTIFICATE OF LIABILITY INSURANCE `—� E (MMIDONYYY) °"'8412 14 :I�ai2ola 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(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 WANED, 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 endorsemen s . PRODUCER 78 Vine SttrnedetCmpany NAME: "N, : (270) 527-2100 IFAX ac NO: (270) 527-2200 11DORESS: Beaton, KY 42025-7409 INSURER(S) AFFORDING COVERAGE NAIL Is INSURER A: Liberty Mutual Insumnce Company 23043 INSURED INSURER 6 INSURER C: Engineered Dock Systems Inc. dbe Floating Dock MFG Co. INSURER D : 3010 West Morris Street Indianapolis, IN 4MI INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 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. R LN R TYPE OF INSURANCE ADM OR POLICY NUMBER POLICY EFF POLICY EYP MMID LIMITS A X COMMERCIAL GENERAL LIABIUTY CLAIMS -MADE rr OCCUR SFAAV9TW001 10/01/2013 10/01/2014 EACH OCCURRENCE $ 1,000,00 PRE —MI ES Ea occurrence) $ 50,00 MED EXP (Arty one person) $ 5,00 PERSONAL &ADV INJURY E 1,000000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JECT 71 LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP/OP AGG E 1,000,00 Protection & In $ 1,000, AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OM AUTOS Ea COMBINEDSINGLE LIMrr— $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Per accident $ $ UMBRELLA UAB EXCESS LMB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE El OFFICERNEMBER EXCLUDED? (lrandatory M Pal) M yyes deambe under DESCRIPTION OF OPERATIONS below N / A PER H STATUTE I I ER E.L. EACH ACCIDENT E E.L. DISEASE - EA EMPLOYE E E.L. DISEASE - POLICY LIMIT 1 t DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Ramadrs Schedule, may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C Of Richmond hY 50 North Fifth Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Richmond, IN 47374 AUTHORIZEDREPRESENTATIVE ACORD 25 (2014101) ©1938-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD