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:
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Date:
Page 6 of 6
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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
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Proposal No. ig 2-0
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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.
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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
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This proposal is presented by Brock Construction the day and year foresaid and shall be
day of n nd lo'!4?t acc to
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20 Brock Construction by
Authorized Signer
This proposal is accepted this day of,*-.
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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
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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.