HomeMy Public PortalAbout093-2014 - Parks - Floating Docks Manufacturing - Repair & RemoveAGREEMENT
THIS AGREEMENT made and entered into this 1 sr day of rA,.%,i- - , 2014, and referred
to as Contract No. 93-2014 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 services in connection with the removal and disposal
of row boat slips of Dock A (marked as area "A" on Contractor's map attached to Exhibit A) and
in connection with the installation of a new float (marked as area "C" on Contractor's map
attached to Exhibit A) all 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 five (5) 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. 93 -2014
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed the total amount of Six Thousand Seven
Hundred Twenty-two Dollars and Fifty Cents ($6,722.50) 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
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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.
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Coverage Limits
A. Worker ompensation & tory
Disability R rements
B. Employer's Liabili $100,000
C. Comprehensive General Lia ' Ry
Section 1. Bodil j
Section 2. operty Damage
D. Comprehensive to Liability
E.
1. Bodily Injury
Section 2. Property Damage
ive Umbrella Liability
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1, 0,000 each person
$1,00 00 each occurrence
$1,0 00,0 each occurrence
$1,000,000 ea-h
$1,000,000 each
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.
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THE CITY OF RICHMOND, INDIANA by
and through its Board of Parks and
Recreation
Date:
APPROVED:
Xl"
Sarah L. Hutton, Mayor
Date: d S�
"CONTRACTOR"
FLOATING DOCKS
MANUFACTURING CO.
3010 W. Morris Street
Indianapolis, IN 46241
By: (1, - -z, J����
Printed: C L, sV- f �--r- G A-5 L-`---
Title: s ; o —
Date: $ /,.,,
Page 6 of 6
I.. EXHIBIT PAGE OF�
Floating Docks Mfg. Co.
.3010 W. Morris Street
Indianapolis, IN 46241
(317) 803-2443- / Fax (317) 803-2444
Repq r Estimate
Name City of Richmond Date . 7/9/2014
Contact Jim Dykes.
Address StfNorth 5th Street Ship To:.
City Richmond State IN Zip. 47374 DockA
Phone (765) 983-7423 . iFax (765) 983-7279 —_ -----
E-mail - -
Scope:
Qfy
Description.
-Unit Price j
TOTAL --
1
_
FDM to remove and dispose of row goat slips of Dock A
$4,880.00 '
$4,880.00
---'-_ ---- •-- SubTotal $4,880.00
Shipping ---
Taxes _ IN _ �- $236.60
TOTAL F— $S,116.60.
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EXHIBIT PAGE OF_<.;;,_
Floating Docks Mfg. Co.
=` 3010 W. Morris Street
Indianapolis, IN 46241
(317) 803-2443 /'fax (317) 803-2444
Repair Estirhate
Name City of Richmond Date 7/9/2014
Contact Jim Dykes
Address 50 North 5th Street Ship To:.
City Richmond State IN Zip 47374 Dock C
Phone (765) 983-7423 _ _ Fax (765) 983-7279
_. _ . ................ -
E-mail idykes(arichmondindiana.gov
Scope;
Qty Description Unit Price TOTAL
i--.._ —.---- .............._. �— —.
1 Material Including: $1,025.00 $1,025.00 `
(2) 3648-12, 3' x 4' x 12" floats, (2) 4872-16, 4' x 6' x 16' !
'floats with mounting hardware. i
1.2 ;Labor (per man hour) $60.00 $720.00
0.3 !Food & Motel $3251.00., $97.50
SubTotal $1,842.50
Shipping ......:...... .
Taxes IN $71.75 .
TOTAL $1,94 4.25 -
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ENGIDOC-01 SEDWARDS
ACORO'
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM n
8/4/2014
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(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 endorsemen s).
PRODUCER
R. Barge and Company
78 Vine Street 1
Benton, KY 42025-7409
CONTACT
NAME:
PHONE 270 527-2100 270 527-2200
A/C No ) IC No : ( )
-ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC A
INSURER A: Liberty Mutual Insurance Company
23043
INSURED
Engineered Dock Systems Inc. dba Floating Dock MFG Co.
3010 West Morris Street
Indianapolis, IN 46241
INSURER B :
INSURERC:
INSURER D:
INSURER E:
INSURER F :
COVFRAGFS 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.
JNSR LTRR
TYPE OF INSURANCE -
Alum
SUM
POLICY NUMBER
MMID
UNITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE T OCCUR
FAAV9TW001
10/01/2013
10/01/2014
EACH OCCURRENCE
$ 1,000,00
PREMISES Eeoccurrence
s 50,00
MED EXP (Any one person)
$ 5,00
PERSONAL & ADV INJURY
$ 1,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY JJEECT LOC
OTHER:
GENERAL AGGREGATE
$ 2,000,00
PRODUCTS -COMP/OPAGG
S 1,000,00
Protection & In
$ 1,000,00
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON-OWNEDPROPERTY
HIRED AUTOS AUTOS
7599RUFMI-E LIMIT Ea accident)E
BODILY INJURY (Per person)
$
BODILY INJURY (Per =c derrt)
$
DAMXC9—
Per accident
$
UMBRELLA UAB
EXCESS LIAB
CLAIMS -MADE
EACH OCCURRENCE
s
HOCCUR
AGGREGATE
$
DED I I RETENTIONS
$
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICERMIEMBER EXCWDEDT
(Mandatory in NH) -
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
STATUTE ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
E.L. DISEASE -POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schaduie, may be attached If more space is required)
t`=DTIMIPATC UnI ncro CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Richmond
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
50 North Fifth Street
Richmond, IN 47374
AUTHORIZED REPRESENTATIVE
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(9) 1 Vtftl-ZUl4 AGUKU L UKrUKA 1 IVrL An ngnWo Te8eTVeU.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD