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HomeMy Public PortalAbout047-Repairs at Fire Station 5-6AGREEMENT THIS AGREEMENT made and entered into this T_ between the City of Richmond, Indiana, a municipa�ipo of tin 2004, by and of Public Works and Safety (hereinafter referred to as the "City')g is Board East Wysor, Muncie, Indiana 47305 (hereinafter referred to aheaContractor supply' Inc., 610 SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform certain repairs on the buildings Fire Stations number five and six. Specifically commonly known as Contractor shall perform all repairs described on a document attached hereto, made a part of this Agreement, and marked as "Exhibit A". 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 its services. No work shall commence until the City is in receipt of any required bonds and certificates of insurance, if such are required, and until a purchase order has been issued by the Purchasing Department. SECTION H. 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 Three Thousand Dollars and ($3,000.00) for the timely and satisfactory completion of all work specified in this Agreement. Payment shall be made after Contractor has fully completed all necessary work and has presented City with an invoice for payment. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and the work described herein shall be completed within thirty days (30) after the execution of this Agreement. Contract No. 47-2004 Page 1 of 5 Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in five (5) working days written notice specifying the part, for cause, at any time by giving at least 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. Coverage Limits A. Worker's Compensation & Disability Requirements Statutory Page 2 of 5 B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $100,000 $300,000 each occurrence $300,000 aggregate $100,000 each occurrence $300,000 each person $300,000 each occurrence $100,000 each occurrence $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: 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 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; Page 3 of 5 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 VIII. 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. 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 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. Page 4 of 5 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 PUBLIC WORKS AND SAFETY By: John Kenny, Presiders Date: APPROVE CS Sarah L. Hutton, Mayor Date: G Page 5 of 5 "CONTRACTOR" McGUFF SUPPLY, INC. By .4�5Peter Kuzma Title: President Date:_ 05/31/04 kOOVINC AND BUILDINC MAINTENANCE VtVi510N Scope of Work Richmond Fire Department Station's 5 & 6 Base General 1. Repair membrane split in the upper roof drain sump- Station 5 2. Repair all. open fishmouths in the base flashings and the field of the rooks)- Station 5 3. Repair the open base flashing along the hose tower wall- Station 5 4. Repair the blister at the perimeter of the East roof- Station 5 5. Install new lead flashing to galvanized pipe without flashing on East roof -Station 5 7. 6. Repair failed sealant at the vertical expansion joints in brick masonry between roof levels- Station 5 Locate and repair leak along the North non -parapet wall- Station 6 8. Check and make repairs as necessary to all flashing terminations- Station 6 _Membrane split -Station 5 1 • Remove existing roofing plies and the split lead flashing in the area of the drain. 2. Prime surrounding roof area and new lead flashing with Tremprime QD. 3. Install new lead flashing in a thick bed of mastic. 4. Install Burmastic Composite Ply felts in a 3-ply configuration using Burmastic adhesive and overlap onto the existing roof system by a minimum of 12 ". 5. Strip in perimeter of repair with ELS and Burmesh. Open fishmouths and base flashings Station 5 1. Relieve membrane stress as necessary. 2. Using ELS and Burmesh make 5course repairs. Blister re air -Station 5 1. Relieve membrane stress. 2. Using ELS reset the falsely bonded membrane. 3. Install two ply target patch over the repaired blister, overlapping each ply 4" consecutively in all directions.. Pipe flashing -Station 5 1 Prune surrounding area and lead flashing with Tremprime QD. 2. Set flashing in a think bed of ELS. 3. Wrap top edge of flashing down into pipe a minimum of 1 It. 4. Install a two ply target patch over the flange of the lead flashing. Failed expansion ioint sealant Station 5 1. Remove failed sealant at the masonry expansion joint between the two roof levels. 2. Install primer # 1 to the clean masonry joint. 3. Install Tremseal GP Bronze to the prepared joint. EXHIBIT,.„-„ PAGE _1__OF L MOOF110 AND SUMD11 C 91Il.AI;NTENAM[£ Mi31ON Scope of Work Richmond Fire Department Station's 5 & 6 Station 6 1. Leak test as necessary to locate the leak along the North non -parapet wall_ 2. Make appropriate EPDM repairs using available cured cover strip and Butyl based EPDM lap sealant. 3. Visually inspect and repair as necessary all flashing terminations to ensure water tightness. EXHIBITA PAGE .L W2.