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HomeMy Public PortalAbout179-2018 - Airport - Brock Construction - Replacement of three doorsAGREEMENT THIS AGREEMENT made and entered into this A/ da of "`'� Y 6 . , 201 �, and referred to as Contract No. 179-2018 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 Brock Construction, P.O. Box 30, 308 North Salem Street, Boston, Indiana, 47324 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to remove, replace, furnish and install three (3) doors at the terminal building located at the Richmond Municipal Airport (the "Project"). Certain requests for quotes dated October 18, 2018, have been made available for inspection by Contractor, are on file in the offices of the Manager of the Airport 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 quotes is attached hereto as Exhibit A, which Exhibit was received October 10, 2018, consists of one (1) page, and is also 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. 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. 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. Contract No.179-2018 Page 1 of 6 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. SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Two Thousand Four Hundred Seventy-five Dollars and Zero Cents ($2,475.00) 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. Page 2 of 6 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 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. Page 3 of 6 SECTION VII. 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 ect until the City procures a new contractor. If City may allow this Agreement to remain in eff 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 Page 4 of 6 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; 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 Page 5 of 6 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. 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 Dave Stevens, President Date:_ ! ZZ / 3` c,2o / c' APPROVED: �e ���� II .•n�w David M. Snowi Mayor Date: 9 Z,6 ; "CONTRACTOR" BROCK CONSTRUCTION P.O. Box 30, 308 North Salem Street Boston, Indiana, 47324 Printed: ✓"� a Title: r Date: Page 6 of 6 -11RAUWs Garages C 11C Doors & Hardware Concrete Roofs KitchensRO Bathrooms RESIDENTIAL a COMMERCINAL — Richard S. Brock P.0, Box 30 309 N. Salem Street - Boston, IN 47324 Cell 914.8314 A trees Oe / 6 Ity, state and 41P tcae rcilitect or Preparer of Plans e, Jo Date of Plans Proposal No. ig 2-0 Page �— of _pages pages Job Phusiv (Okku 1101.5 64- -"C. � -- — I — Brock Construction proposes to furnish materials and perform labor pursuant to the folcircumstancesnstatement work, subject to change orders and circumstances such as strikes, accidents, natural disasters or delayg s beyond itsof control. f'a S 31pel'-d ho k,- I ll k bc 1-�e- vev- lock::5t eAt�ed b4t-c'- oddi-6,d Atr,-66( IS IL ew vf- ,2/75 D rz I,— e, ere. ,, iy Brock Construction proposes to furnish materials and perform labor pursuant to the foregoing statement of work for the price of , payable $ �/6/7-3'745D) down upon the acceptance hereof and the balance of $ 2 payable 0' !'� —4s—.- —' This proposal is presented by Brock Construction the day and year foresaid and shall be day of n nd lo'!4?t acc to ior before the 20 Brock Construction by Authorized Signer This proposal is accepted this day of,*-. )0- by ----------- and Customer Custom _ -- •-• VV.Io(Vivli) 18883934024 From: Sean Hail �rcp "�►....�' CERTIFICATE iJF LIABILITY INSURANCE DATE(rArAlunr"YV) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE H1/4/2019 OLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. if SUBROGATION R7ANT; O the certificate Spider is an ADDITIONAL INSURED, the POlicy0es) must have ADDITIONAL INSURED provisions or be Ondorsed. If SUBROGATION 15 WAIVED, suhject to the tarrns and conditions of the policy, certain policies may require an endorsement. A statement O. this Certificate does not confer rights to the certificate holder h) lieu of such eltdorsentent(s), PRODUCER VILLAGE INSURANCE Canrncr 11EUnion St tAx,Na,PY11 (765)458-5845-yrFAX—(AIC, No): - __'__.•__--- e•nWL . { Liberty, IN 47353 nopHcss;..__, INSURCO Brock Construction Shane Brock 308 N Salem - Po Box 30 INSURCR(SI ArFORDING CgVGRAGC ""- .. ......... --^--•'--_....._.._ ... NAIL If IN";ERA w SrERN RESERVE __.._.____......_._..__�._ ._.._._�.._.__ ._.. INSURCH D.-.__�........................... .._,�.. INSURI;N I. • GL)VERAGES CERTIFICATE NUh113ER:INDICATED IS TO GF,RTVVIll' THAT THE POLICIES OF INSl1RANCF I.ISTFp T3FLOW HAVE BEEN ISSl1Ep TO 1'HE INSL1RFp NAhtF.p AFIOVE FUR T}IF POLICY pFf210p REVISION NUMBER; CED! I :EA NOTWITHSTANDIVC ANY E2rOt11REMENT. TERM OR CONDITION OF ANY CO`JTR %CT OR OTHER 70CUMF.NT WITH RESPECT TO WHICH THIS CERTt SIO' h1AY BE ISSUFO OR MAY PFRTAIN. THE INSURANCE AFFORCF•D EY' THE. POt.ICIF.S DOCUMENT CUMEV Ig irH RE$ TO ALL THE TERMS EXCLl1S(ONS AND CONDITIONS OF SUCH pOLICIE5, L11A)TS SHOWN MAY HAVE. BFFiJ REDUCED S�. PAID CRI.1g II T., AUDLISUBN I TR TYPE CF INSURANCE - COMMERCIAL GENERAL LIABILITY �1 vn POLICY NUMBER POLICY UP POLICY EXP 1 Mil10nIVYW PAkVnn1yYYYI LIMITS t EACH OvC.J4HEACF. 1,000,000 J1�r WCS 1341567131.111712019 �G E •� i or?1yl€ .1. .! N'L AGGNLG_n1E: Ltn!II Atq UrS `�cR ' i 11I712D1A 111712019 canal k.11:U m..l•ry I - Y -_`_. _.._ _ _ •1 N ! � (XIE'i I •«'17L�D(JCTE . C061hh7+'' AC4G` ...•.•_-..,~~..._.___.,._ I..._... _.._._ .. __..','... ..._.._..__. AUTOMOBILE UABILIIY i.""-.---........._..._...---._.,_.,.,___,.._ ^--^ .•. AN7 AUTO ..�„ .. Y INJ•IRY tFcr `.!:):/:: V 1!lJ,N2Y Irit;, nCL'alQrl! $ A1.I'CI\L.In:Y I � � ..... ..._........... _..._ CXCE58 LIAN C_A11+S-1IAVe ` «.�.A9H CC^.:1RRFnCF Tom^ g •`� ;ii•J NF;'I:NTIDrt «.AGUR~'GATr« wo KERSCOMP£NSATION •�"�"�'' "-""'_'--••� AND EMPLOYE RS LIANILITY ANY PNOPN.ETCI I , tPAn7NER:ExECUTIVr. v_r-i I e7't Ili ::rn't;lt,l L2 (:1TICi'N'D?A1i11 N!..XCI aOi.I-- NIA •. ••_•. •• .^ (btand:,lary In NNI L EA H 1CC �FNT - •«{ -� I yMs nl1v:•:aeunce" I Ok . ltFsc'i •+r oN rr r.PF �in-InrI�L,;i,,:t _.. I 1 u •IIIIIII OSSCRIP TION 0' OPCRATIOIJa I LOCATIONS / VFRICLCS (ACORD 101. AddHran,d Rc!n,Ukn SCh00 J:v. Inn 1:0 0119cnod It ni., s .acu la .o ed SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE RICt IMOND MUNICIPAL AIRPORT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUVIORIYCO RCPRUSCI1TATIVII ACORD 25 (2010103) The ACORD name and 1090 are registered arks ofzACORD RD CORPORATION, All rights reserved, 'SeAg D 0 0 R S E R V I C E I N C "T/w Sen ice, Pvo."Ic 760%JR0118 (785) 606-2093 300407-2603 Fun (765) 966-36e5 3162 81290 Road 38 Wasa 473713 TO: ATTN: PHONE: EMAIL: DATE )NUMBER OF PAGES: RE REPLACING (3) ENTRY DOORS - ALL DOORS 18ga GALVANIZED STEEL tp NORTH DOOR: ON EXISTING WOOD JAMBS WITH 18ga GALVANIZED STEEL DOOR, HARDWARE, HINGES, AND WEATHERSEALS. ALL INSTALLED. REUSE EXISTING LOCKS. I DA, CITY OF Rl—CHMOND/MUNICIPAL AIRPORT 5169 STATE ROAD 227 RICHMOND IN 47374 RODNEY MAYSE 765-983-7296 RMAYSM0RTrPMnNTnTwTn IANA, GOV IU-ZY-18 1 OF 1 LABOR AND MATERIAL: $ 1,095.00 * UPSTAIRS (SOUTHSIDE) -L- * ON EXISTING STEEL JAMBS WITH 2181IX801, 189a GALVANIZED STEEL * DOOR WITH CECO LOCATIONS. ALL INSTALLED. REUSE EXISTING LOCKS. LABOR AND MATERIAL: $ 1,195,00 • UPSTAIRS- • 18ga GALVANIZED STEEL DOOR WITH 16ga GALAYANT—T-1 i 0 AND WEATHERSEALS. TO ACCEPT X FRAME ALL INSTALLED. REUSE EXISTING LOCKS LABOR AND MATERIAL: $ 1,395.00 *** GRAND TOTAL *** $ 3,685.00 THIS PROPOSAL; SIGN BELOW AND RETURN. From: GERALD E. SCOTT, PRESIDENT SMARRELLI GENERAL CONTRACTOR, INC. 136S2ND RICHMOND, IN 47374 Tel: (765) 962-1378 1=ax: (765) 962-3034 October 26, 2018 Pro# C-5650 City of Richmond / Richmond Airport 50 N 5th Richmond, IN 47374 Attn: Rodney Mayse PROPOSAL. X r'r-tKITRACT Smarrelli General Contractor, Inc. offers to furnish all labor, material and equipment for the performance of the following described work. for: Richmond Airport located in Richmond, IN. REL: DOORS 1. Replace three (3) doors with Custom fit solid, flush, exterior wood doors painted on north office - "D ---r' Q-ei,-!J0'(i"1c LIde-4-r-Lyrob-f-re-p-,ri.r--, TOTAL.............................. Submitted By: Steve Shute, General Manager Date: Accepted By: Date: This Proposal may be withdrawn if not signed and returned in 20 days. Thank you for the opportunity to provide our services.