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HomeMy Public PortalAbout044-2018 - Airport - Reece Seal Company - Sealing cracks in runwayAGREEMENT THIS AGREEMENT made and entered into this &W day of , 2018, and referred to as Contract No. 44-2018 by and between the City of Michinond, Indiana, a municipal corporation acting by and through its Board of Aviation Commissioners (hereinafter referred to as the "City") and Reece Seal Coating, Inc., 1205 W. Troy, Indianapolis, Indiana, 46225 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the repair of runway asphalt which includes routing and sealing of cracks on Richmond Airport Runway 6-24 for the Richmond Municipal Airport (the "Project") in accordance with the Bid Specifications further described below. Bid Specifications dated February 9, 2018, 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 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 February 16, 2018, is attached hereto as Exhibit A, which Exhibit consists of four (4) 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 whi�e 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. 44-2018 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Twenty-seven Thousand Seven Hundred Fifty Dollars and Zero Cents ($27,750.00) 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, which completion is expected to be on or before May 1, 2018. A penalty will be assessed and deducted from Contractor's retainage in the event services are still being performed by Contractor under this Agreement in the amount of Four Hundred Dollars ($400.00) per day for each day past the date for completion as set forth above. 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 Page 2 of 6 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 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 Page 3 of 6 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. 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; Page 4 of 6 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; 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. Page 5 of 6 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. 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 "CONTRACTOR" REECE SEAL COATING, INC. 1205 W. Troy Indianapolis, IN 46225 By: By Dave Stevens, President Date: 3z / (o Z -Z-0/ S- Printed: -T-�-y A lee- c e- APPROVED: 1 _ Title: �rz° S Gq��h i . Sri , Ma r i Date: 0 3 Iy Date: Page 6 of 6 DA ,'ebnuary 9, 2018 Fe ZUANTIW CA %--1 i 1 yr X"%— 11V1VAjU 50 North Fifth Street Richmond, Indiana 47374 (765) 983-7200 BE 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. Asphalt Crack Repairs 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. PRICE REQUEST UNIT PRICE I TOTAL • NAME OF FIRM QUOTING Reece S al r46ating. Inc. VICKI ROBINSON PURCHASING DIRECTOR R ` AUTHORIZED BY Bids are to be mailed or brought to theJa Reece, President rchasing Department in the Richmond , 2-16-18'E micipal Building at 50 North 5th Street ATE 317— 784-1410 tte Tax Exemption No. 003121909-0 Phone No. RICHMOND MUNICIPAL AIRPORT REQUEST FOR BID 1-24-18 ASPHALT CRACK REPAIRS 1. Contractor shall route and seal cracks in asphalt as directed by at the Richmond Municipal Airport. 2. All work will comply with FAA Standards and Specifications. (See attached specifications) 3. All work shall be completed in 5 working days by May 1, 2018 4. A late penalty of $400/day will be assessed for each day past the 5 day completion time. 5. Payment will be based on LF of cracks repaired and unit price bid. 6. Contractor shall provide a certificate of insurance as required by the City of Richmond. 7. Questions regarding this project shall be directed to the Director of Public Works and Engineering, Greg Stiens at 765-983-7394. AREA EST. MY A. Runway 6-24..............37,500 LF BID PROPOSAL DESCRIPTION OTY UNIT PRICE TOTAL BID Crack Route and Seal 37,500 LF .74 Cents $27, 750.00 Reece Seal Coating, Inc. Contractor Name 1205 W. Troy Address 2-16-18 JAIY Reece Date President EXHIBIT PAGE 1 PF A_ Item P-605 Joint Sealing Filler DESCRIPTION 605-1.1 This item shall consist of providing and installing a resilient and adhesive joint sealing filler capable of effectively sealing joints and cracks in pavements. MATERIALS 605-2.1 JOINT SEALERS. Joint sealing materials shall meet the requirements of ASTM D 6690 - Joint and Crack Sealants, Hot -Applied, for Concrete and Asphalt Pavements. Each lot or batch of sealing compound shall be delivered to the jobsite in the manufacturer's original sealed container. Each container shall be marked with the manufacturer's name, batch or lot number, the safe heating temperature, and shall be accompanied by the manufacturer's certification stating that the compound meets the requirements of this specification. CONSTRUCTION METHODS 605-3.1 TIME OF APPLICATION. Joints shall be sealed as soon after completion of the curing period as feasible and before the pavement is opened to traffic, including construction equipment. The pavement temperature shall be above 50 °F (4 °C) at the time of installation of the poured joint sealing material. 605-3.2 PREPARATION OF JOINTS. a. Sealing. Immediately before sealing, the joints shall be thoroughly cleaned of all foreign material. Cleaning shall be accomplished by the joints shall be blown out with compressed air free of oil and water. Only air compressors with operable oil and water traps shall be used to prepare the joints for sealing. The joint faces shall be surface dry when the seal is applied. 605-3.3 INSTALLATION OF SEALANTS. Joints shall be inspected for proper width, depth, alignment, and preparation, and shall be approved by the Engineer before sealing is allowed. Sealants shall be installed in accordance with the following requirements: Hot Poured Sealants. The joint sealant shall be applied uniformly solid from bottom to top and shall be filled without formation of entrapped air or voids. The heating kettle shall be an indirect heating type, constructed as a double boiler. A positive temperature control and mechanical agitation shall be provided. The sealant shall not be heated to morethan20 OF (-I l °C) below the safe -heat ing4emperahue The..safe_ heating temperature can be obtained from the manufacturer's shipping container. A direct connecting pressure type extruding device with nozzles shaped for insertion into the joint shall be provided. Any sealant spilled on the surface of the pavement, structures and/or lighting fixtures, shall be removed immediately. METHOD OF MEASUREMENT 605-4.1 Joint sealing material shall be measured by the linear foot (meter) of sealant in place, completed, and accepted. EXHIBIT PAGE 3 Or 4. • BASIS OF PAYMENT 605-5.1 Payment for joint sealing material shall be made at the contract unit price per linear foot (meter) The price shall be full compensation for furnishing all materials, for all preparation, delivering, and placing of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-605-5.1 Joint Sealing Filler, per linear foot TESTING REQUIREMENTS ASTM D 412 Test Methods for Vulcanized Rubber and Thermoplastic Elastomers — Tension ASTM D 1644 Test Methods for Nonvolatile Content of Varnishes MATERIAL REQUIREMENTS ASTM D 6690 Joint and Crack Sealants, Hot -Applied, for Concrete and Asphalt Pavements END ITEM P-605 EXHIBIT PAGE !A -OF- _