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HomeMy Public PortalAbout145-2018 - Airport - Insulating Roofing Contractors - Repairing leak in Hangar RoofAGREEMENT THIS AGREEMENT made and entered into this di-/= day o +Piy'', 2018, and referred to as Contract No. 145-2018, by and between the City of Richm nd, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Urethane of Kentuckiana, Inc., dba Insulated Roofing Contractors, 326 Mt. Tabor Road, New Albany, Indiana, 47150 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services in connection with the repair and replacement of the specialized silicone/polyurethane insulated roof system for 3,000 square feet of the roofing system for the Quonset Hut Hangar located at the Richmond Municipal Airport, which services (hereinafter referred to as "the Project") shall include, but shall not be limited to, the hauling away of and removal of the existing damaged material and disposal of the debris. The City, through its Division of Public Works and Engineering Department, identified Contractor as the previous system installation Contractor and requested a quote from Contractor as a sole -source provider on August 30, 2018. The response of Contractor dated September 17, 2018, to said request is attached hereto as "Exhibit A" which response consists of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Contractor shall not modify or alter any standard warranty of the above described Equipment. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty. Further, Contractor shall provide City with copies of its warranty upon receiving a written or verbal request to receive such warranty. 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. Contract No. 145-2018 Page 1 of 6 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 Thirteen Thousand Six Hundred Seventy-five Dollars and Zero Cents ($13,675.00) for the satisfactory completion of the Project, which funds were previously approved to be paid from Redevelopment Tax Increment Finance (TIF) funds. 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 within two (2) months of the issuance of the Notice to Proceed. 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 Page 2 of 6 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 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. 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. Page 3 of 6 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; 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. 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 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 Page 4 of 6 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 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. Page 5 of 6 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 r ' By: G�1 Vicki Robinson, President ✓l, By: Richard Foore, Member By - Emily I r, Member "CONTRACTOR" URETHANE OF KENTUCKIANA, INC., DBA INSULATED ROOFING CONTRACTORS 326 Mt. Tabor Road New Albany, IN 47 50 By: Printed: �Y-S I5CC Title: MGU c I APPROVED — Date: dl 10l 19 M. Sri Ma r Date: q Page 6 of 6 Insulated HA"Ex°q Roofing ntencnFn 9 Contractors ° �`a' y S P F� Commercial Rooting Experts sinc PROPOSAUCONTRACT TELEPHONE: (765) 914-5801 TO: Mr. Gre Stiens r. _,_�a r,.r nT27a _E-MAIL: ¢stiensnrichmondindiana.gov Richmond Airport Roof We herewith submit the following proposal for the / price bane Insulated Roof System on 3,000 sq. , subject to the provisions listed on the reverse at the Installation of the Progressive Materials Silicone / y above location. 1. Scan entire roof area with IR camera to identify any moisture in roof insulation. All areas identified will be marked for removal 2. Remove all areas identified per the IR scan and install new spray polyurethane foam to seal. (Note Below) 3. Repair all cracks, splits, mechanical damage and improper repairs with silicone caulking. 4. Pressure wash roof surface to obtain a clean surface for the new silicone coating. 5. Spray one coat of Progressive Materials silicone coating over the existing roof. 6. Embed granules into wet top coat. 7. Buildings and grounds will be left in a neat, clean and good workmanship condition upon completion of project. ear Progressive Materials full system warranty. Provide owner with a ten (10) y NOTE: Up to 450 square feet of replacement per IR scan. Additional removal will be billed at a rate of $4.75/s . We hereby propose to furnish the above complete and in accordance with the above specifications for the sumo _._. L•:..o nnllarc and OO/l0U ` ,- -- - payments for work completed; total payment on completion of job. All payments net 10 Payment to be made as follows: 60% payment upon signing contract, periodic material will be executed upon written order for same. Contracts made by workmen not recognized. This proposal does not include days. A service charge of 1Y�% per month (annual rate 18%) will be charged on overdue invoices. Any alteration or deviation from the specification herein agreed upon involving extra cost of labor and ma any removal of present roof unless specified above• jt�tw y/a'uw ' September 17, 2018 (317) 691-0731 Mobile ACCEPTANCE OF CONTRACT The foregoing terms, specifications and conditions are authorctory and same are hereby ized ed to perform the work as accepted. specified.sagreement shall be the contract between the parties hereto and you are y Signed: Date 20 EXHIBIT PAGE �_OF a Title: This Proposal Void 30 Days From Date, Unless ngne an a urns o on raT'nt Kroofxom Insulated Roofing Contractors Commercial Roofing Experts since 1974 GENERAL PROVISIONS 1. ASBESTOS AND TOXIC MATERIALS This proposal is based on the Contractor not coming into contact with asbestos -containing or toxic materials ("ACM"). Contractor is not responsible for expenses, claims, er for adamages arising grees to indemnify Contractor from and against any liability, damages, losses,val of ACM. CContractor clashall demands,be r citations arising null x a presencees ) 09 ACM. from he presence of ACM. Owner 2. ADDITIONAL INSURED If Owner requires and Contractor agrees to name Owner or others as additional insureds on Contractor's Liability Insurance Policy, Owner and Contractor agree that the naming of the Owner or others as additional insureds is intended to apply to claims made against the additional insured to the extent the claim is due to the negligence of the Contractor and is not intended to make the Contractor's insurer liable for claims that are due to the fault of the additional insured. 3. FUMES AND EMMISSIONS Owner acknowledges that odors and emissions from roofing products will be released as part of the roofing operations to be performed by he Contractor. Owner shall be responsible for interior air quality, including controlling mechanical equipment HVAC units, intake vents, wall verse, wcation process. Some peop sindows, doors, and other ears more lens tive tothese odors from entering the building. Owner is aware that roofing products emit fumes, vapors, and odors during he application emissions than others. Owner shall hold tha Contracor harmkass from claims from third parties relating to the fumes and odors that are emitted during the normal roofing process. 4. ROOF PROJECTIONS roofing or shown on the Contractor will flash root projections that are in place prior to Instaprop sal or of after Installation of roofing shall be considered an order for extra work, and Contractor shons not shown all ural plans provided to the Con the plans provided to Contractor prior to the submittal of hs proposal be compensated at its customary time and material rates for additional expense resulting from the additional penetrations. 5. DECK CONDITIONS Owner warrants that he structure on which Contractors personnel are to work are In sound condition and capable of withstanding roofing construction, equipment, agrees t tor has visually ins give full access to the interior the he obuilding forinspectionindicates of he root deck before roofing work be9imsOr at eny time the Contracthe surface of the to f deems it necessary deck for visible to visuallyOwner inspect he existing roof deck from Inside. 6. WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION ons e and in A. WARRANTYaccording to Contractor, in lieu of any and all other warranties, warrants that the materials have been applii dd air defective work notctureed bes yeOfferee a acts, or one ere lryear lfrom the compliance with the contract, and thacificati t it will, in he absence of other provisions to the contrary, p date when Contractor sends notice of completion to Offeree. Ing B. LIMITATION OF LIABILITY 1. If applicable, he specifications having called for he removal of he roof presently in existence, and contractor ha ss ordwater, and furherthat the plcknowledged that rainfalication of the now l system requires a dry base, and it being acknowledged by he parties that removal may disclose trapped may occur during he time between removal of the old roof and application of the new roof, and contractor, having given its assurance htat will undertake all reasonable efforts to minimize the possibility of damage, the parties therefore agree PP RenanO�er slNcturesereby efixtures, contexpressly nts and occupants, aves, exonerates, arising fromand theregxposure of he roof any and all loss, cost or damage, in any form to the building, all damages, costs and expenses, including attorney's fees, arising out of any claim or suit arising during contractors work, and agrees to defend and, if necessary, paY herefrom. including vessel intemals, light gauge metal equipment, 2. Work Area Conditions - Contractor assumes no responsibility or loss, damage, or injury in property, automobiles or mechanical equipment which may be caused by ordinary sandblasting solvent, insulation or coating operations, and ct Offeree assumes he responsibility and expense of removal (or if applicable to contractor he covering and protection) of any property from he work area prior to contractor s commencement of the work Overspray will exist to some extent on nearby areas. It is impractical to cover or clean surrounding areas in industrial applications. 7. ARBITRATION A. All claims, disputes and other matters in question arising out of, or relating to, his Proposal, s the breach hereof, shall be decided ar arbitration, which shall r conducts al shall include, by consolidation, joinder or in in accordance with he Construction Industry Arbitration Rules of the American Arbitration Association hen obtaining unless the parties mutually agree otherwise. B. Except by written consent of the person or entity sought the t gal under arbitration such arbitration outofing unless it iselating to shownat the time he demand for arbitration is filed that any other manner, any person or entity not n party (1) such person or entity is substantially involved in a common question of fact or law, (2) he presence insubstantial, is not n or entity In the matte such person) entity is required tf complete relief is to be t, accorded in the employee or his o'nsultant3This Agreement o t of arbitrate and any othensibility or such rwritten agreement to arrbitrate wi n additionalperson such persons reteirred o herein shallbe specifically enforceable under he prevailing arbitration fee. applicable C. The award tendered by the arbitrators shall be final, and judgment may be entered upon it a accordance with applicable law in any court having jurisdiction any thereof. D. This Article shall not b deemed u a !u such rights or fights or remedies arc iesexpwhich lY waiveParties d by hem. have under any Federal or State mechanics' lien laws or under any app labor material paym 8. COMPLETE AGREEMENT respecting the within subject matter, expresses the entire agreement a nd This Proposal supersedes any prior understandings or written or oral agreements between the parties may not be modified except in writing, signed by the parties. ule, contractor 9. CONTRACTORS REMEDIES rovided in the payment sch If the OffereeuP� udic P o any other remedy t may have, upon seven (7)contractor iaditional days' written noticeto the of stop is workd be made as untilpayment of the amount Bowing has been may, adjustment, be increased by the amount of contractors reasonable toss of shutdown, de ey and start-up. received. The Contract Sum shall, by appropriatej r annum. Should contractor place he claim for 10. Should any amount payable by Offeree by due and unpaid, the same shall bear interest at he rate of eighteen percent (18%) pe collection by an attorney, Offeree shall pay the sum of twenty-five percent (25%) as and for attorney's fees. 11. NOTICE PROVISION ivered when Except as may be otherwise specifically provided in he Agreement,or certified mail, turn receipt requested, addressed to he parties at the respective addresses so be tet forth or at deposited in he United States mail, postage prepaid, registered such other addresses as may have been hereafter specified by written notice delivered in accordance herewith. EXHIBIT -A- PAGE @L Or a�