HomeMy WebLinkAboutAgreement for Goods and Services - Consolidated Electrical Distributers dba All Phase Electrical Supply - LED Lights at Century Center1316 COUNTY -Cry BUILDING
227 W. JEFFERSON BOULEVARD
SOI ITH BEND. INDIANA 46601-1830
041
1865
CITY • • BEND PETE BUTTIGIEG, MAYC49'
BOARD OF PUBLIC WORKS I
November 27, 2018
Matthew King
Consolidated Electrical Distributors, Inc. d/b/a All Phase Electrical Supply
1385 N. Bendix Drive
South Bend, IN 46628
RE: Agreement for Goods and Services
Dear Mr. King:
PHONE 574/235-9251
FAx 574/ 235-9171
The Board of Public Works, at its meeting held on November 27, 2018, approved the above
referenced agreement for lighting fixtures to expand LED lighting at the Century Center in
the amount of $57,675.
Enclosed please find a copy of the agreement 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
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DoRAu
AGREEMENT FOR GOODS AND SERVICES
This Agreement for goods and services (this "Agreement") is entered into on November
27t", 2013 (the "Effective Date"), by and between the City of South Bend, acting by and through
its Board of Public Works (the "City"), and Consolidated Electrical Distributors, Inc., a Foreign
For -Profit Corporation, doing business as, All Phase Electrical Supply, with its Principal place of
business located at 1385 N. Bendix Dr, South Bend, IN (the "Provider") (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. Goods and Services. The Provider will provide to the City the goods and services
("Goods and Services") set forth in the Provider'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.
2. Compensation. In exchange for the Goods and Services, and subject to the terms
and conditions of this Agreement, the City will pay the Provider 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 Provider as set forth in the Proposal
(each a "Contract Installment"). The City will not be required to pay any Contract Installment if
any material default or breach of this Agreement by the Provider exists. The sum of all Contract
Installments will not exceed the Contract Amount, and the Provider 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 Provider'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 Provider, 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-
4, payments are subject to annual 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 Provider's performance of any Services after the effective
date of termination.
4. Remedies for Breach of Contract. Failure to provide the Goods and 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 Provider and may pursue any and all remedies available
at law or in equity. The Provider 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 Provider shall at all times be an independent contractor for all
services performed and goods supplied rather than an employee of the City, and no act or omission
to act by the Provider 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
Provider hereby renounce the existence of any form of agency relationship, joint venture, or
partnership between the Provider 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 Provider.
7. )ndemnilication of City. The Provider 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 Provider 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 Provider under this
section shall survive the termination of this Agreement.
8. Assignment. The Provider 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. Novices. 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 Provider, as the case may be, at the address set forth below.
Provider:
Consolidated Electrical Distributors,
Inc., d/b/a
All -Phase Electrical Supply Co.
1385 N. Bendix Drive
South Bend, IN 46628
Attn: Muhammed Moosa
City
City of South Bend
Venues Parks & Arts Department
1020 High Street
South Bend, IN 46601
Attn: Patrick Sherman
10. E ual Opportunity; Non-Discriminatio�Piance. The Provider shall comply
with all applicable laws and regulations in its hiring and employment practices and policies for
any activity covered by this Agreement. The Provider 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 Provider certifies that it is in compliance with
each such provision and shall remain in compliance through the term of this Agreement.
11. lrr-I rccJoal glace. The Provider hereby agrees to make a good faith effort to
provide and maintain a drug -free workplace. The Provider will give written notice to the City
within ten (10) days after receiving actual notice that the Provider or an employee of the Provider
within the State of Indiana has been convicted of a criminal drug violation occurring in the
workplace.
12. Entire Aueement.• Atnendrnent- 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 Provider 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 Provider'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.
13. 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 Provider and the City agree to amend this
Agreement with replacement provisions containing mutually acceptable terms and conditions.
14. Force Ma jcGr.�-�;,. The Provider 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
Provider'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.]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
Services to be effective as of the Effective Date stated above.
CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC.
ALL -PHASE ELECTRICAL SUPPLY
Co.,
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CITY OF SOUTH BEND, INDIANA
R07 lI OF 0 S
PUBLIC
Gary A. Gilot, President
' /, A
waiina Vritzberg, Member
'IL, hLresc.1, DoraLl, Member
Elizabeth A. Maradik, Member
James A. Mueller, Member
M
EXHIBIT A
Proposal
[See attached]
EXHIBIT B
Contractor Affidavit
[See attached]
Exhibit A
ALL PHASE ELECTRIC SUPPLY
1386 N. BENDIX DRIVE
SOUTH BEND IN 46628
TEL: 574 282-2586 FAX: 574 282-2191
CONTACT„ MUHAMMAD MOOSA
QUOTE FOR: CENTURY CENTER
ACCT #: CL-15206 CENTURY CENTER
OF SOUTH BEND
120 SOUTH ST JOSEPH
SOUTH BEND, IN 46601
TEL: (574) 235-9135
QUOTATION
PAGE
001 OF 001
QUOTE # DATE
REV # REV DATE
1096761 11/14/18
003 11/14118
QUOTE EXPIRES
PREPARED BY
12/14/2018
MOOSA
SLS
INSL
9003
9003
FOB
FREIGHT
SHIPPING POINT
PREPAID
LN
QTY
MFR CATALOG # DESCRIPTION
01
*
ITEM 1 CASCADE LIGHTS-LUMENPULSE
02
12
MISC LBX-HO120-RGBW-NS-NS GRATX-DMX/RDM-UL-3FT
03
NO MOUNTING OTHER THAN OUR STANDARD YOKES ARE INCLUDED
04
12
MISC LBXSN-GRATX-UL
05
3
MISC CBX-DS-120/277-ENET- GRATX-UL
06
1
MISC PHAROS-SPL(013031)
07
THIS IS A SINGLE UNIVERSE CONTROLLER-WITHNO TOUCH SCREEN
08
09
*
ITEM 2 WINDOW LIGHTS-LUMENPULSE
10
4
MISC LOGI 120 26 RGB 1FX 10X60 UMAS WH
11
*
3' COLOR CHANGING LINEAR WALL GRAZING LED FIXTURE
12
4
MISC LOGILC-UL-DATA-50FT- WH
13
*
50' LEADER CABLE
14
4
MISC LOGILC-UL-DATA-25FT- WH
15
*
25' JUMPER CABLES
16
1
MISC CBX-DS-120/277-ENET- WH-UL
17
"
POWERIDATA BOX
18
19
THIS QUOTE DOES NOT INCLUDE PROGRAMMING COST
20
ALL PROGRAMMING IS TO BE DONE BY
21
*
ASSOCIATED CONTROLS + DESIGN
CUS PO #:
JOB NAME:
Century Center Lights
TOTAL: 57,675.00
PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR
CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF
THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME
WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB
SPECIFICATIONS.
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 7WItl I A )
7 )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 debarred, 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 -time.
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 employee 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 employ 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.
6. 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). 1 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 perjury that the facts and information contained in the foregoing bid for
public works are true and correct.
Dated this day of ' )�
Contractor/Bidder�
(Firm)
Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this 2(),h� day of November 120 1
My Commission Expires 7 13 2022
Notary Public
County of Residence St. Jose
Non -Collusion Nan -Debarment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 11/21/2018
Department VPA.- Facilities &
Name Patrick Sherman Grounds
BPW Date 11/27/2018 Phone Extension 5601
R uired Prior to Submittal to Board
- - ----------- tip.. _" — — --------------- — — ------- — -- . .....
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
Purchasing Michael Schmidt
Check the p op riate Item.,Type - Requited for All Submissions
1"Contract ..... ... .... :_IP ---- ropo sal Addendum
M_ ement E
El Professional Services EJ Resolution
El Bid Opening E] Bid Award El Req. to Advertise El Title Sheet
El Quote Opening El Quote Award
E] Change Order No. El C/O & PCA No, El PCA
0 Ease/Encroach. E] Traffic Control
Uer Other:
. . . . . .. ......
Company or Vendor Name
All Phase Electrical Su
New Vendor
............
E] Yes E No ❑ If Yes, Approved by Purchasing
MBENVBE Contractor
F-1 MBE F-1 WBE
MBEANBE Contractor Requested H No [:] Yes Name of Company
Project Name
Century Center Li-qht Fixtures
Project Number
1066-2018
Funding Source
Hotel/motel Tax
Account No.
N/A
Amount
57,675.00
Terms of Contract
. . .......... ... . . ..... . . . ......... . .
Lump Sum per Goods and Services Agreement
Purpose/Description
Ligbh!!99_Fixtures to expand LED liahtinq at Century Center
Z Required Contractor's Certification Form Attached (Non -
Collusion, Non-Discri m i nation, Non -Debarment, E-Verify, Iran, etc.
. .......... __ . . . ............ .. . ............
'Required For Change Orders Only
Amount of F] increase $
EJ Decrease $
Previous Amount
Current Percent of Change,
New Amount
Total Percent of Change:
DispersalAfterApproval
Copy
Original
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