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HomeMy Public PortalAbout103-2020 - Fire - Brumbaugh Construction Inc. - Completion of the Construct of The Edelman Training CenterAGREEMENT THIS AGREEMENT made and entered into this P�day of jAz 1 2020, and referred to as Contract No. 103-2020 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Brumbaugh Construction, Inc., 3520 State Route 49, P.O. Box 309, Arcanum, Ohio, 45304 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the completion of the construction of the Izzy David Edelman Police and Fire Training and Physical Fitness Center located at 1740 South 8th Street in Richmond, Indiana, for the City of Richmond Fire Department, Indiana, which construction shall be in accordance with the July of 2020 drawings and specifications prepared by Maze Design, Inc. (the "Project"). Bid Specifications dated July 5, 2020, have been made available for inspection by Contractor, are on file in the office of the Fire Department and 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. Portions of the response of Contractor to said Request for Responses dated August 6, 2.020, is attached hereto as Exhibit A, which Exhibit consists of seven (7) pages, and is also hereby incorporated by reference and made a part of this Agreement. 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 famish 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. 103-2020 Page 1 of 7 r SECTION II. STATUS OF CONTRACTO 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 One Million Two Hundred Forty-four Thousand Dollars and Zero Cents ($1,244,000.00) 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 the completion of the project,.which completion is anticipated to be within eight (8) months from the date 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 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. Page 2 of 7 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. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-maj eure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government.. SECTION V. WITHHOLDING, RETAINAGE, AND CLAIMS FOR PAYMENTS Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the _event Contractor fails to timely pay any subcontractor, laborer, or material supplier for the performance of services or delivery of materials under this Agreement that the Board of Public Works -and Safety for the City shall withhold payments in an amount. sufficient to pay the subcontractors, laborers, material suppliers, or those providing services. Contractor further understands, acknowledges, and agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer, or material. supplier under Indiana Code 36-1-12-12. SECTION VI. 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 Limits A. Worker's Compensation & Statutory Disability Requirements Page 3 of 7 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 $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,OOO 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 VII. 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 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 Page 4 of 7 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 IXI. 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-M 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; 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 Page 5 of 7 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 assignor 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 6 of 7 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 bf 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 Vicki Robinson, President B: 7�L� E 'ly Palmer, Member go Matt Evans, Member Date: APPROVED: now,k Date: d Z U. "CONTRACTOR" BRUMBAUGH CONSTRUCTION, INC. 3520 State Route 49, P.O. Box 309 Arcanum, OH 45304 9-- Printed: M Title: V i C,%.. Date: r Page 7 of 7 O 0 N V N co m d Z E `o LL fN U c 0 U U 0% z o H cr) ki z O O W LL H O U a O cq E4 011 to U x a o x Wcd ON 't7 U pq M Q, U) U J uj •H rl -4 O// U ,-q LL cc rZ4 cM OD cq LO O LL ��e/ LL LL O 'd •cd U o a) H 0 � G U u Cd a :O W d1 N G U H � U d H L O rl E 4 44 P4 € EXH`BIT. PAGE I _� . O N O N c: +J 'O d) U- C Y C O U io Please provide the following information: 1.) Earliest date available to begin project. August 31, 2020 2.) Length of time to complete project. Eight Months 3.) A certificate of insurance should be included with your bid. - Attached. 4.) Guarantee information. - Attached. a,w� . �J�, 69, ture BRUMBAUGH CONSTRUCTION, INC. Company 937-692-5107 Phone Number Jason M. Willis, Vice President Contact Person August 6, 2020 Date State Form 52414 Prescribed by State Board of Accounts Form No. 96 (Revised 2005) CONTRACTOR'S BID FOR PUBLIC WORK — FORM 96 PART I (To be completed for all bids. Please type or print) Date: August 6, 2020 1. Governmental Unit (Owner): City of Richmond 2. County: Wayne County, Indiana 3. Bidder (Firm): Brumbaugh Construction, Inc. Address: 3520 St. Rt. 49, PO Box 309 City/State: Arcanum, OH 45304.:' 4. Telephone Number: 937-692-5107 5. Agent of Bidder (if applicable): Jason M. Willis, Vice President Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of IZZY EDELMAN TRAINING FACILITY (Governmental Unit) in accordance with plans and specifications prepared°by Maze Design, � Inc:. and dated .. July, 2020 for the sum of ©►'le, eA ii1? rt Ton tbm,_Irs� Rc6i aCt_, r iL,$ i , 2 q q,; 'CCV. p 00 The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. if additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS .'(If applicable) I, the undersigned bidder or age►it.as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I f understand that violations hereunder may result in forfeiture of contractual payments. i ACCEPTANCE The above bid is accepted this 6th day of August 2020 , subject to the following conditions: NONE Contracting Authority Members: Brumbaugh Construction, Inc. 3520 St. Rt. 49, PO Box 309 Arcanum, OH 45304 PART II (For projects of $100,000 or more— IC 36=1-12-4) Governmental Unit: City of Richmond, Indiana Bidder(Firm) Brumbaugh Construction, Inc. Date: August 6, 2020 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE. QUESTIONNAIRE 1. What public works projects has.your organization completed for the period of one .(1) year prior to the date of the current bid? 2. Contract Amount Class of Work Completion Date Name and Address of Owner See Exhibit What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner See Exhibit f E-jR SIT 3. Have you ever failed to complete any work awarded to you? No 4. List references from private firms for which you have performed work. See Exhibit A & B. If so, where and why? SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE _Attached. 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT - Attached. Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. ,o 1523-1 BID FORM 96 Supplement ( BID TO: City of Richmond, Indiana IZZY EDELMAN TRAINING FACILITY Richmond, Indiana 47374 BID FROM: Brumbaugh Construction, Inc. Address 3520 st.Rt. 49, PO Box 309 City / State Arcanum, Ohio 45364 Telephone No. 937-692-5107 07/2020 BID FOR: IZZY EDELMAN TRAINING FACILITY Richmond, Indiana 47374 PROJECT 1523-1 The Undersigned, having visited the site of proposed construction of this project, and having familiarized himself with local conditions affecting the cost of the Work ..and with all requirements of the Contract Documents and Addenda thereto as prepared by Maze Design, Inc-., hereby offers to furnish all labor and materials required by the Contract Documents and Addenda. thereto for the completion of the Contracts below for which an amount is provided: BID SCHEDULE Base Bid �n2, tA,IItZ11V, Tm. 4A)Jlre� r-,N-1�4 Fps- ��Dollars ($ �-Lyq� LlgotC ) ADDENDA RECEIVED Receipt of Addendum Nos. #1 dated 07/27/2020 , is hereby acknowledged. BID ACCEPTANCE If written notice of the acceptance of this Bid is.received by the Undersigned within 60 days _after the date for. opening of Bids or any time thereafter before this Bid is withdrawn, the Undersigned will, execute the required Agreement and furnish Performance and Payment Bonds in accordance with the Contract Documents and Bid as t accepted. BID FORM 96 SUPPLEMENT 00300 - 1 1OnT P� PAGE S N/A N/A 1523-1 07/2020 If Bidder is an individual complete the blanks in the following box. IN TESTIMONY WHEREOF, the Bidder (an individual) has hereunto set his hand this day of 20 Individual li biaaer is a partnership complete the blanks in the following box. IN TESTIMONY WHEREOF, the Bidder (a Partnership) have hereunto set their hands this day of 20 Name of Partnership Name of Partners it Blaaer is a corporation complete the blanks -in the following box. IN TESTIMONY WHEREOF, the Bidder (a Corporation) has caused this Bid to be signed by its President and Secretary and affixed its Corporate Seal this 6th day of August 20 20 Name of Corporati.oIy- BRUMBAUGH CONSTRUCTION, INC. President f >' c.ott y s Secretary Kayle . Oswalt (Seal.) BID FORM 96 SUPPLEMENT 00300 - 2