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Home My Public Portal About041-Fuel Farm AirportAGREEMENT THIS AGREEMENT made and entered into this day of 2004, by and between the City of Richmond, Indiana, a municipal corporation actingby and through its Board of Aviation Commissioners (hereinafter referred to as the "City") and Staten Construction, Inc. P.O. Box 34275, Indianapolis, IN 46234 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform certain repairs and upgrade the "fuel farm" located at the Richmond Municipal Airport. A Bid Specifications dated March 22, 2004, has been made available for inspection by Contractor, is on file in the office of the Purchasing Director and is hereby incorporated by reference and made a part of this Agreement. A portion of said Bid Specifications is attached hereto, made a part hereof and marked as "Exhibit A". Contractor shall perform all work described on "Exhibit A", using materials described in said Exhibit. 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 for the proper completion of all work specified. The services performed by the Contractor shall meet all applicable standards of professional competence. Additionally, Contractor shall be available to and shall respond within a reasonable time to any questions City or third parties dealing with the City may have regarding such services. ond and certificates of No work shall commence until a d until ae city is ln receipt of any required purchase order has been ssuedsby the Purchasing insurance, if such are required,P 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. SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Thirteen Thousand Six Hundred Sixty-seven Dollars Agreement. payment for the timely and satisfactory be made after Contractor has fully completed all necessary work and etion of all work specified in this Agreement. Payment shall has presented City with an invoice for payment. Contract No. 41-2004 Page 1 of 5 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 work specified herein. 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 any report or other work product that is incorrect, incomplete or fails to meet reasonable professional standards in any material respect; c. unavailability of sufficient funds to make payment on this Agreement; d. impossibility due to destruction of the subject matter of the contract; e. failure of Contractor to use the required materials; or f. any act on Contractor's part that amounts to an anticipatory repudiation of 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 by either the City or the Contractor, in whole or in part, by mutual Agreement 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 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. Page 2 of 5 IM Coveraee Limits Worker's Compensation & Statutory Disability Requirements Employer's Liability $100,000 Comprehensive General Liability Section 1. Bodily Injury $300,000 each occurrence $300,000 aggregate Section 2. Property Damage $100,000 each occurrence Comprehensive Auto Liability Section 1. Bodily Injury $300,000 each person $300,000 each occurrence Section 2. Property Damage $100,000 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. 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: 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; Page 3 of 5 2. That Contractor, any sub -contractor, or any person action 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 money 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 VHL 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 which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. In the event an action or claim is brought against City arising out of Contractor's act or omission in the performance of this Agreement, Contractor shall indemnify the City against all losses, cost, damages, and expenses, including City's reasonable attorney fees. SECTION IX. 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. Any such delegation, without the prior written consent of the other party, shall be void. This Agreement shall be controlled by and interpreted according to the laws of the State of Indiana and shall be binding upon the parties, their successors, and assigns. This document 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. Any previous discussion, negotiation, or dialogue relating to the subject matter contained herein is superseded by this Agreement. Furthermore, both parties agree that no discussion, representation or negotiation, other than that contained herein, has transpired relating to the subject matter of this Agreement and that neither party is relying upon any negotiation or discussion that took place prior to this Agreement. 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 the venue and jurisdiction of the courts of Wayne County, Indiana, and any suit arising under this Contract must be filed in said courts. By executing this Agreement, Contractor expressly waives the right to, and is estopped from, bringing any action regarding this Agreement in alternative courts, tribunals, or venues. The parties specifically agree Page 4of5 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 at law or in equity, 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. 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 AVIATION COMMISSIO ERS By:'.•' — esident Date: "CONTRACTOR" STATEN CONSTRUCTION, INC. By: -5 — J14� - i r Title: -r APPROVED: % X Date: - Sarah L. Hutton, Mayor Date: Page 5 of 5 RICHMOND MUNICIPAL AIRPORT Specifications for Repairs and Modifications to the Underground Fuel Storage Facility on the Richmond Airport. Airport will supply the following: 1. Motor for the Jet fuel pump system. Specifications: Contractor will provide the following: in stem to include (1) new bottom loading 1. piping modification to the 100LL pumpmg �' zzle and flanged ball valves to isolate top loading to hose with single point underwing no.of bottom loading operations- Hose to be a min. of 10' in length, cover over the nozzle and a hook for storage. 2. Change all filter elements on both 100LL and Jet -A systems. 3. Work shall be done in accordance with any Federal, State or Local Building Codes. 4. Replacement of Gammon differential pressure gauges on both systems. 5. Clean in -line strainer assemblies. Er. Extend filter sump piping. 7. Install (2) new deadman assemblies. 8. Install grounding reel on 1 OOLL system. Advisement: 1. pre -inspection is recommended and a time can be arranged by contacting Bob Wilcox @ (765)983-7296. Airport Administration Building 5169 S. State Rd. All Bids must be returned to the Airp April g 2004. 227 Richmond, In. 47374 by S:OOpm on Thursday The following information must be included with your bid. 1. Total cost of the project. 2. Current Insurance Certificate. EXHIBIT PAGE