HomeMy Public PortalAbout094-2016 - Fire - Geir Construction - Installation of door - Station No. 3AGREEMENT
THIS AGREEMENT made and entered into this /S11-1 day of C1 , 2016, and referred to as
Contract No. 94-2016, by and between the City of Richmond, Indi a, a municipal corporation acting
by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Geier
Construction, 608 North B Street, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with the replacement of the roof for the
Richmond Fire Department (Station No. 2, located at 930 Winding Ridge, Richmond, Indiana), which
installation (hereinafter referred to as "the Project") shall include, but not be limited to, the hauling away
of and removal of the existing roof and disposal of the debris.
Requests for Quotes were made June 27, 2016. Responses to said request are on file in the office of the
Richmond Fire Department. The response of Contractor dated July 14, 2016, to said request is attached
hereto as "Exhibit A" which response consists of three (3) pages, and is hereby incorporated by reference
and made a part of this Agreement. Contractor agrees to abide by the same.
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.
Contractor shall furnish all labor, material, equipment, and services necessary for 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;
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 1I. 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 total amount not to exceed Eight Thousand Nine Hundred Dollars
and Zero Cents ($8,900.00) for the satisfactory completion of the Project, with sheeting
replacement to be at the rate of Thirty-six Dollars and Zero Cents ($36.00) per sheet.
Contract No. 94-2016
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
satisfactory 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 manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards 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 date this Agreement is terminated, 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. 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 & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
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D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 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 VIL 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;
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;
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.
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SECTION VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REOUIREMENTS
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 IX. 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. 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 XI. 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 or
assignment, without the prior written consent of the other party, shall be null and void. This Agreement
shall be controlled by and interpreted according to Indiana law 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. By executing this Agreement the parties
agree that this document supersedes any previous discussion, negotiation, or conversation relating to the
subject matter contained herein.
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 any suit arising out
of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation
shall be required prior to the commencement of legal proceedings in said Courts. By executing this
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Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue,
or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of
Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other
tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she 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 in its efforts to enforce this Agreement,
including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, 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:
Vicki Robinson, President
Date: l/ —/ X 'l
APPROVE I
Davi M. Sno Ma
Date:
S (( �
"CONTRACTOR"
GEIER CONSTRUCTION
608 North B Street
Richmond, IN 47374
Printed•
Title: 0�vf,�Z
Date:
Page 5 of 5
CITY OF RICHMOND
50 North Fifth Street
t� Richmond, Indiana 47374
(765) 983-7200
PRICE REQUEST
THIS IS NOT AN ORDER
VENDOR INSTRUCTIONS
Geier Construction
ATTN: Steve Geier
608 North "B" Street
Richmond, IN 47374
This is a request for a price or quote for the services or
materials described below. Any additional
specifications may be attached hereto. This is not an
order and the City reserves the right to accept all or
part, or decline the entire proposal. Please complete
your full name, address, and phone number below with
signature; itemize all prices and charges where
requested; and attach explanation for any substitution to
specifications altered. Please return in care of
Purchasing to the address above by the specified date
and time to be considered unless otherwise specified.
DATE
June 27, 2016
REPLY MUST BE IN
July 21 2016 b 5:00 p.m.
DELIVERY REQUIRED
DELIVERED
PAYMENT TERMS
UPON RECEIPT OF INVOICE
QUANTITY
CATALOG NO.
DESCRIPTION
UNIT PRICE
TOTAL
Roof -Richmond Fire Dept.,
$8,900.00
Station #2
(see attached)
Please include a current certificate of
insurance with your bid naming the City
of Richmond as certificate holder.
Bids must be enclosed in a sealed
envelope with the project name on the
outside.
PRICE REQUEST
� BY &
VICKI ROBINSON
PURCHASING DIRECTOR
* Bids are to be mailed or brought to the
Purchasing Department in the Richmond
Municipal Building at 50 North 5th Street.
State Tax Exemption No. 003121909-001
NAME OF FIRM QUOTING
Geier Construction, LLC
BY 4&Zv4,
(AUTHORIZED BY
Stephen A. Geier - Owner
7/14/2016 TITLE
DATE
Phone No.
765-965-0770
EXHIBIT �����
Geier, Construction LLC
General Contractors
608 North B Street
Richmond, IN 47374
To: City of Richmond
Project: Roof Replacement Fire Station #2
-All work per supplied specifications $8,900.00
Phone/Fax: 765-965-0770
-Cost to remove and replace (1) 4'x8' roof sheet, material and labor.
$36.00 Per Sheet Replaced.
geierconstruction.com
-Start Project within 10 days of receipt of Purchase Order or Notice to Proceed.
-Number of days to complete project — (3) Working Days.
Sincerely,
Steve Geier
Geier Construction LLC
EXHfB(Tf� PAGE 2 OFF
Geier- Construction LLC
General Contractors
608 North B Street
Richmond, IN 47374
geierconstruction. corn
PHONE: 765-965-0770
FAX: 765-965-0770
Warranty Letter
Project Name: City of Richmond, New Roof for Fire Station #2
Address: 930 Winding Ridge, Richmond, IN 47374
To Whom It May Concern:
Geier Construction LLC warrants all labor performed and material installed
for the above Project, in accordance with the Contract documents, drawings,
specifications, alterations and additions thereto, for a period of (1) one year
following the date of Substantial Completion. Contractor warrants the Project
will be constructed in a good and workmanlike manner and that materials and
equipment used by the Contractor will be new and of good quality unless
otherwise required, and that the work will be free from defects other than
those inherent in the work specified, and all work will conform to the
requirements of the Contract Documents.
This Warranty excludes remedy for damage or defect caused by abuse,
alterations to the Work not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and
normal usage.
Sincerely,
Stephen A. Geier
President
Geier Construction LLC
EXHIBIT. PAGE 3 OF_a_l