HomeMy WebLinkAboutAgreement for Electrical Services - Martell Electric LLC1316, COUNTY-Crry BUILDING
227 W. JEFFERSON BOULEVARD
SotjT,jj BEND, INDIANA 46601-1830
CITY OF SOUTH BFND PETE BurriGJEG,.TJAY
BOARD OF PUBLIC WORKS I
April 10, 2018
Tony Cave
Martell Electric, LLC
4601 Cleveland Road
South Bend, IN 46628
RE: Agreement for Electrical Services
Dear Mr. Cave:
PHONE 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on April 10, 2018, approved the above
referenced agreement regarding a negotiated contract for Venues, Parks, and Arts electrical
services request for proposals in the arnount of $89/hour.
Enclosed please find the original of the agreement for your signature. Please sign and return
the original agreement to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
c: Patrick Sherman, VPA
GARY A. 0t,0-i SUZANNA M, FRITZBERci ELIZABf,'n I A, MARADIK JAMEs A. MUELLER THERESE J. DORAU
AGREEMENT FOR SERVICES
This Agreement For Services (this "Agreement") is entered into on April 10, 2018 (the
"Effective Date"), by and between the City of South Bend, acting by and through its Board of
Public Works (the "City"), and Martell Electric, LLC, with its registered office address at 4601
Cleveland Road, South Bend, IN 46628 (the "Contractor") (each a "Party" and collectively the
"Parties").
For and in consideration of the mutual covenants and promises contained herein, the Parties
agree as follows:
1. Services. The Contractor will provide to the City the services (the "Services") set
forth in the Contractor's proposal attached hereto as Exhibit A (the "Proposal"), which Proposal
is incorporated herein. In the event of any conflict between the terms of this Agreement and the
terms of the Proposal, the terms of this Agreement will prevail. The Contractor will execute its
obligations under this Agreement in accordance with the prevailing professional standard of care
for projects of similar design and complexity.
2. Compensation. In exchange for the Contractor's satisfactory performance of the
Services, and subject to the terms and conditions of this Agreement, the City will pay the
Contractor the fee stated in the Proposal (the "Contract Amount") in accordance with the project
budget stated in the Proposal. The City will pay the Contract Amount in installments upon
invoicing by the Contractor as set forth in the Proposal (each a "Contract Installment"). The City
will not be required to pay any Contract Installment if the City is not satisfied with the Contractor's
performance under this Agreement or any default or breach of this Agreement by the Contractor
exists, as the City may determine in its sole discretion. The sum of all Contract Installments will
not exceed the Contract Amount, and the Contractor will not incur or seek reimbursement for any
expenses in excess of the Contract Amount.
3. Term; Termination. Unless earlier terminated in accordance with its terms, this
Agreement will commence on the Effective Date and end upon the Contractor's satisfaction of all
its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing,
effective immediately upon delivery of a written termination notice to the Contractor, the City may
terminate this Agreement, in whole or in part, for any reason, if the City determines that such
termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18,
payments are subject to appropriation by the City. If the City makes a written determination that
funds are not appropriated or are otherwise unavailable to support the continuation of this
Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or
are otherwise unavailable to support the continuation of performance shall be final and conclusive.
The City will not be required to pay any Contract Installment or be otherwise liable for any cost
associated with the Contractor's performance of any Services after the effective date of
termination.
4. Remedies for Breach of Contract. Failure to complete the Services in accordance
with this Agreement will be considered a material breach. In the event of such breach, the City
may suspend all payments to the Contractor and may pursue any and all remedies available at law
or in equity, The Contractor shall repay to the City any portion of the Contract Amount expended
for matters not within the scope of the Services.
5. Point of Contact. The City employee identified in Section 9 below will serve as the
City's principal point of contact for purposes of this Agreement.
6. Relationship. The Contractor shall at all times be an independent contractor for the
performance of the Services rather than an employee of the City, and no act or omission to act by
the Contractor shall in any way bind or obligate the City. This Agreement is strictly for the benefit
of the Parties and not for any third party or person. This Agreement was negotiated by the Parties
at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to
consult with independent legal counsel. Neither party shall maintain that the language in the
Agreement shall be construed against any signatory hereto. The City and the Contractor hereby
renounce the existence of any form of agency relationship, joint venture, or partnership between
the Contractor and the City and agree that nothing contained herein or in any document executed
in connection herewith shall be construed as creating any such relationship between the City and
the Contractor.
7. Indemnification of City. The Contractor hereby agrees to defend, indemnify, and
hold harmless the City, its officials, employees, and agents from any and all claims of any nature
which arise from the performance by the Contractor under this Agreement and from all costs and
attorney fees in connection therewith, excepting for claims arising out of the negligence of the
City, its officials, directors, employees, and agents. The obligations of the Contractor under this
section shall survive the termination of this Agreement.
8. Assignment. The Contractor shall not assign or subcontract the whole or any part
of this Agreement or its obligations hereunder without the prior written consent of the City.
9. Notices, Any notice required or permitted to be delivered hereunder shall be
deemed to be delivered, whether or not actually received, when deposited in the United States
Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to
the City or the Contractor, as the case may be, at the address set forth below.
Contractor: Cam:
Martell Electric, LLC City of South Bend
4601 Cleveland Road 227 W. Jefferson Boulevard, Suite 1400 N.
South Bend, IN 46629 South Bend, IN 46601
Attn: Tony Cave Attn: Patrick Sherman
10. E ual O ortunit Non -Discrimination; Com liance. The Contractor shall
comply with all applicable laws and regulations in its hiring and employment practices and policies
for any activity covered by this Agreement. The Contractor shall comply with all state, federal,
and municipal laws, regulations, and standards applicable to its activities pursuant to this
Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non-
discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the
government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new
2
employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions
is incorporated herein as if set forth in full, and the Contractor certifies that it is in compliance with
each such provision and shall remain in compliance through the term of this Agreement.
11. Contractor's Affidavit. The Contractor agrees, as a condition precedent to the
effectiveness of this Agreement, that its authorized representative will execute and submit to the
City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B.
12. Drug -Free Workplace. The Contractor hereby agrees to make a good faith effort
to provide and maintain a drug -free workplace. The Contractor will give written notice to the City
within ten (10) days after receiving actual notice that the Contractor or an employee of the
Contractor within the State of Indiana has been convicted of a criminal drug violation occurring in
the workplace.
13. Entire Agreement-, Amendment, Applicable. Law. This Agreement sets forth the
entire agreement and understanding between the parties as to the subject matter hereof, and merges
and supersedes all prior discussions, agreements, and understanding of any and every nature
between them. This Agreement may be amended only by separate writing, signed by authorized
representatives of both the Contractor and the City. This Agreement will be construed and
interpreted according to the laws of the State of Indiana, and any dispute arising out of this
Agreement or otherwise concerning the Contractor's rendering of the Services will be resolved in
the courts located in St. Joseph County; Indiana, unless the Parties mutually agree to a different
method of dispute resolution.
14. Severability. All provisions of this Agreement shall be considered as separate terms
and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other
provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable
provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a
material provision of this Agreement, in which case the Contractor and the City agree to amend
this Agreement with replacement provisions containing mutually acceptable terms and conditions.
15. Force Ma'et ure. The Contractor shall not be responsible for any failure or delay in
the performance of any obligation hereunder, if such failure or delay is due to a cause beyond the
Contractor's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war,
third -party suppliers, labor disputes or governmental acts.
[Signature page follows.]
K1
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Services to
be effective as of the Effective Date stated above.
I MARTELL ELECTRIC LLC
I
Signalle e
I
Prinled Name and Title
Sheet Address
P.O.
Qj! State zip
Telephone l ax
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC W �S
x ,
Gary Gilot, President
4 /3 %'-�
— /
Tan Z'"
er, Member
Elizabeth Maradik, Member
Therese orate, Member
Srizarma Frirtzberg, Member
ATTEST:
IZA
Linda Martin, Clerk
fEIR
1 *114, Me, I FRIV.11
4601 CLEVELAND ROAD SOUTH BEND, IN 46628 PHONE: 574-271-5000 FAX: 574-271-5400
March 2, 2018 S26-0118
City Of SOLA"th �3encl Board of Public Works
Venues, Parks and Arts Electrical Service Contract — Project #1040-2017
Martell Electric, LLC is pleased to provide the following electrical proposal based upon your
specifications and project details set forth in the 13.3 section of the RFP dated January 19, 2018.
We are able to meet all of the requirements set forth in the 133 specifications. This includes the
ability to meet all electrical needs, coordinate set -vice, perform in a professional manner, follow
all code guidelines and meet all permitting requirements. All vehicles are marked with our
company name and number. All employees will be dressed in clothing indicating our company
name, Our Service Department will be able to provide not -to -exceed pricing on all repair service
and new installation service. We specialize in providing 24-hour emergency service, and will be
able to meet the 2-hour service requirement.
$89/hour (straight time rate for normal business hours Monday Friday, 7al-n-4pm)
$125/hour (overtime rate for after normal business hours Monday -Friday 4pirt-Midnight & Saturdays)
$172/hour (premiurn time rate for after normal business 11011]'S Monday -Friday Midnight -lam & Sundays)
There is no truck charge or additional service fees. Labor is charged from portal to portal.
Labor Rates will be valid for one (I) year until April I I 1h of 2019, upon which contract may be
extended with rates re -negotiated for one (1) additional year.
MATERIALS
All materials will be billed at 10% over cost.
Thank you for considering Martell Electric, LLC for this project and any future projects. Please
feel free to contact me with any questions or comments.
Sincerely,
Tony Cave
24201589.2
Senior Service Manager
Martell Electric, LLC
All materials are guaranteed to be as specified. All work to be completed in a workmanlike manner
according to standard practices. Any alteration or deviation from the above specifications or involving
extra costs will be executed only upon written orders and will become an extra charge over and above
this proposal. All agreements are contingent upon strikes, accidents, or delays beyond our control. The
owner will carry fire, tornado, and other necessary insurance. Our workers are fully covered by
Workmen's Compensation Insurance.
24203589,2
EXHIBIT B
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF )
SS:
COUNTY }
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent
any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made
without reference to any other bid and without any agreement, understanding or combination with.
any other person in reference to such bidding. Contractor further says that no person or persons,
firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift,
commission or thing of value on account of such sale; and
2 Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debatTed, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment
activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
time -to -tithe.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any einployee or contract with a person that the Contractor subsequently learns is an unauthorized
alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of
Contractor's newly hired employees through the E-Verify Program as defined by
I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify
Program is included and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly cinploy or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
b. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate against
any employee or applicant for employment in the performance of a City contract with respect to
hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
related to employment because of race, sex, religion, color, national origin, ancestry, age, gender
expression, gender identity, sexual orientation or disability that does not affect that person's ability
to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, )materials, or
any combination of the foregoing including, but not limited to, public works contracts awarded
under public bidding laws or other contracts in which public bids are not required by law, the City,
its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain
participation by those Contractors certified by the State of Indiana as a Minority Business
("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest,
responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1) year
from the date of such determination, and such determination may also be grounds for terminating
the contact for which the discriminatory practice or noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment shall
be made a part of any contract which it may henceforth enter into with the City of South Bend,
Indiana or any of its agencies, boards or commissions,
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any matter
directly or indirectly related to employment, because of race, religion, color, sex, gender
expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this
provision may be regarded as material breach of contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-
8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel
products or foundry products made in the United States on this project if awarded. I understand I
have an affirmative duty to notify the City in my bid that my proposal does not include the use of
steel products or foundry products made in the United States. I understand it is my sole obligation
and responsibility to provide a justification to the City, subject to review and approval, why the
cost of United States made steel or foundry products is unreasonable. Prior to award and upon
submission of bid which does not use steel products or foundry products made in the United States,
the City, through its director of public works, shall make a determination if the price of United
States made steel or foundry is unreasonable. I understand that violations hereunder may result in
forfeiture of contractual payments.
I hereby affirm under the penalties of per jury that the facts and information contained in the foregoing bid. for -
public works are true and correct.
Dated this day of , 20
Contractor/Bidder {Firm}
Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this day of , 20
My Commission Expires
County of Residence
Notary Public
24203589.2
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 04/05/2018
Name Patrick Sherman
Department VPA: Facilities &
Grounds
BPW Date 04/10/2018 Phone Extension 5601
.... . ... I _Required Prior to, Submittal, to Board
Legal Attorney Name Clara McDaniels
Controller Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
0 - � F129 �
H Agreement
❑ Professional Services
❑ Bid Opening
Quote Opening
Change Order No.
F] Ease/Encroach.
F-1 Other:
Michael Schmidt
HContract
Resolution
El Bid Award
F-1 Quote Award
n C/O & PCA No.
F1 Traffic Control
A=
[:1 Req. to Advertise
Addendum
El Title Sheet
Company or Vendor Name
Martell Electric,_LLC
New Vendor
EJ Yes Z No El If Yes, Approved.by Purchasing
MBE/VVBE Contractor
F-1 MBE [] WBE
MBEANBE Contractor Requested EJ NoF_1 Yes Name ofCompany _
Project Name
Electrical Services Contract
Project Number
1040-2018
Funding Source
K61 RMT
Account No.
201-1101-452 36.01
Amount
Depending on need. Standard rate at $89.00/hr
Terms of Contract
I Year with option to renew for 1 year
Purpose/Description
Electrical services contract for VPA
Z Required Contractor's Certification Form Attached (Non -
Collusion. Non -Discrimination, Non -Debarment, E-Verifv, Iran, etc.)
Amount of ❑ increase
Decrease
Previous Amount
Current Percent of Change
New Amount
Total Percent of Change:
Copy
Original
F-1
F-1
F-1
F-1
El
1:1
Dispersal After Approval