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HomeMy Public PortalAbout189-2017 - Smarelli General Contractor-replace hanger doorAGREEMENT THIS AGREEMENT made and entered into this ni*' day of I* �, 2017, and referred to as Contract No. 189-2017 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Aviation Commissioners (hereinafter referred to as the "City") and Smarrelli General Contractor's, Inc., 136 South 2"d Street, Richmond, Indiana, 47375 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the installation of the new metal roof over the existing roof of the Airport Lifeline Hangar for the Richmond Municipal Airport (the "Project"). Bid Specifications dated October 24, 2017, have been made available for inspection by Contractor, are on file in the office of the Director of Purchasing for the City of Richmond and the office of the Richmond Municipal Airport, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Responses dated October 31, 2017, is attached hereto as Exhibit A, which Exhibit consists of three (3) pages, and is also 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. The Contractor shall furnish all labor, material, equipment, and services necessary which are incidental to 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 and/or warranties; 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 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. Contract No. 189-2017 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Thirty-two Thousand Four Hundred Dollars and Zero Cents ($32,400.00) for complete and satisfactory performance of the work required hereunder. 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 and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, 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 Page 2 of 6 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 A. Worker's Compensation & Disability Requirements 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 Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $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 VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS 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 Page 3 of 6 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. 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 acting 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 4 of 6 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 monies 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. Both City and Contractor agree to comply with all applicable Americans with Disability Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements. D. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION XI. 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 for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XII. 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. 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 suit arising under this Contract, if any, 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. 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, 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, whether or not suit is filed. Page 5 of 6 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 Commissioners By. ✓x - _._._._ Dave Stevens, President Date: II 11 1 /1 -7 APPROVED: r avid M. Snofol Ma Date: ) � ( I "CONTRACTOR" Smarrelli General Contractor's, Inc. 136 South 2nd Street Richmond, IN 47375 By: Printed: Title: Date:( I Page 6 of 6 CITY OF RICIIMOND 50 North Fifth Street �1DlA Richmond, Indiana 47374 (765) 983-7200 TE OcG 24, 2017 QUANTITY Smarrelli General Contractor Attn: Steve Shute 136 South 2"d Street Richmond, IN 47374 DESCRIPTION PRICE REQUEST THIS IS NOT AN ORDER INSTRUCTIONS 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. Roof Replacement -Lifeline Hangar at Richmond Municipal Airport (see attached) Please include a current certificate of in- surance, naming the City of Richmond as the certificate holder, with your bid. Bids must be presented in a sealed envelope with the project name on the outside of the envelope. Pre -bid meeting (please see attached) PRICE REQUEST BY 1 Tic/ VICKI ROBINSON PURCHASING DIRECTOR * Bids are to be mailed or brought to the 'urchasing Department in the Richmond dunicipal Building at 50 North 5th Street. 'A UNIT PRICE TOTAL NAM IRM QU BY AUTHORIZE B D / TITLE DATE State Tax Exemption No. 003121909-001 EXHIBIT PAGE —OF12 P one No. SMARRELLI GENERAL CONTRACTOR, INC. 136S2 ND RICHMOND, IN 47374 Tel: (765) 962-1378 Fax: (765) 962-3034 October 31, 2017 City of Richmond 50 N 5th Richmond, IN 47374 Attn: Greg Stiens / Rodney Mayse RE: AIRPORT HANGER RE -ROOF Re -Bid / Re -roof Pro# C-5427R-2 -Roof over existing with Roof Hugger system with PBR acrylic painted 26 gauge panels by MBCI TOTAL......................................................................................... $32,400.00 Alternate 1. Replace gutters..............................................................ADD $21837.00 Alternate 2. Replace rake trim ..........................................................ADD 2 $ ,650.00 *Our recommendation is both should be done. Maybe five (5) years left on existing. Submitted By: Accepted By: Date: Steve hute, eneral Manazer This proposal may be withdrawn if not signed and re you for the opportunity to provide our services. EXHIBIT A PAGE _I —OF 3 = CLARIFICATIONS, EXCLUSIONS & TERMS A. All designs. drawings sketches. concepts methods of construction are the property of Smarrelli General Contractor, Inc. Reuse by any other persons rs prohrbded under the protection of copy right laws B. We will make every effort to design a project to meet all codes but we cannot guarantee compliance until all drawings, permits and final inspections are completed. Any additional requirements, construction or changes requested by State or Local officials or Owners' insurance companies might be at additional costs. C. All required permits are included unless specifically deleted. It is assumed Owner's property is zoned appropriately for the intended occupancy. Zoning variances, rezoning or special use zoning is to be provided by Owner. D. We provide workman's compensation, applicable builders risk and general liability insurance to the limits provided by our standard policies. Any additional coverage required will be at additional costs. Copy of our coverages is available upon request. E. All construction pricing is based on normal working hours 7:30 am to 4:00 pm with no provisions of overtime unless discussed ahead of time. F. All work is warranted for the period of one (1) year upon completion. Completion is the date of final invoice unless a certificate of occupancy is issued. G. All invoices are due upon receipt. Interest may be charged at 1.5% monthly on unpaid balances past thirty (30) days. Any costs incurred to collect past due monies will be added to balances. H. After construction all trash generated by us will be removed and areas will be broom swept clean 1. Sales Tax is included in total pricing and on each invoice as a complete assembly. J. Modified AIA contract and invoicing forms will be used on certain projects. K. If the project is to be financed, Smarrelli General Contractor, Inc. shall have the right to review the lending institution's payments procedures. L. Independent inspections or any other fees required by Owner's lending institutions to be paid by Others. M. Projects will be invoiced upon completion with payment due in twenty (20) days -Or- Progress payments will be submitted the first of each month with payment made by the 2e of the month. Invoicing will be for completed work in the previous month. N. Project is to proceed to completion upon signing of contract. Costs accrued due to unreasonable delays because of Owner financing or other reasons beyond the control of Smarrelli General Contractor, Inc. are to be considered additional charges. O. Any supplier or subcontractor not under our contract must conform to our safety requirements, construction details and schedules. Smarrelli General Contractor, Inc. shall comply with Owner's reasonable safety procedures so long as they apply to our trade. P. Owner or Owner's designated representative must provide timely approval or information on all items requiring the same. Q. All labor is based on merit shop construction with no provision for prevailing wage. R. Due to the volatile materials and energy market, any surcharges of price increases imposed after contract or proposal is signed may be passed to Owner. S. Smarrelli General Contractor, Inc. is not responsible for delays caused by strikes, disasters, acts of God or other business interruption beyond our control. EXCAVATION: If your project includes excavation. A. Efforts will be made to notify underground location companies. Smarrelli General Contractor, Inc. is not responsible for damage to utilities not located by Owner, location companies or utility companies. B. Relocation of unlocated underground utilities is not included C. Removal of underaround rods concrete buried debris trash hazardous material and water is not included D. Excavation is based on normal soils topsoil loam clay or dense clay normally found in this area E. All foundations and concrete or asphalt Paying design is based on soils to support 2000 PSF minimum F. Removal or remediation of cnff cnha rind.. -2nnn occ i a ____ _ . -- -- - - -- w auu-uaac ul1UCI paving is not included. CONCRETE: If your project includes concrete. A. Your new concrete is sealed with an acrylic water based sealer. Periodic reapplication is necessary to maintain durability. B. Concrete will shrink/crack as it cures. Every effort has been made to insure new concrete shrinks; cracks in saw cut or tooled joints. We do not however guarantee against shrinkage cracks. C. All workmanship is per standard practices of the "American Concrete Institute." D. Reinforcement is per specs or our best judgment and installed per `Concrete Steel Reinforcing Institute" standard practices. E. Concrete trucks, dump trucks and equipment are heavy and may cause damage to existing concrete, asphalt, earth and underground utilities. Owner is to notify contractor of spec hazards of job site access. F. Salts, calciums or sodium chloride will damage all concrete and should not be used for eighteen (18) months on new concrete. G. Repair or replacement of vandalized, abused, cracked, spaled or salt damaged concrete is not covered under warranty. H. Add mixtures may be used at our discretion. EXHIBIT -'� PAGE '� _OF 3 _