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HomeMy Public PortalAbout124-2020 - Parks - Thor Construction Co. - Former CSX Depot Roof Stabilization and PreservationAGREEMENT THIS AGREEMENT made and entered into this XM day of . Qlh� , 2020, and referred to as Contract No. 124-2020 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 Thor Construction Company, 1111 NW T .Street, Richmond, Indiana, .47374 (hereinafter referred to as the "Contractor")._ SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services in connection with the stabilization and preservation of the former CSX Railroad Depot located at 300 North 3rd Street, for the City and for the Richmond Parks Department (the "Project") with the shingle roofing option chosen as outlined on Contractor's response at the cost quoted for said option. Bid Specifications dated August 12, 2020, 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 in the offices of the Parks Department for the City, 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 Bid Specifications is attached hereto as Exhibit A, which Exhibit is dated September 3, 2020, consists of three (3) 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 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. 124-2020 Page 1 of 7 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 a total sum not to exceed Forty-three Thousand Dollars and Zero Cents ($43,000.00) for complete and satisfactory performance of the work required hereunder. The above not -to -exceed amount is based upon the provided time and material quotes of (a) material cost plus fifteen percent (15%); and (b) labor at $49.00 per hour. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective upon complete execution of this Agreement and shall continue in effect until 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 7 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-majeure 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. 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 E. ' Comprehensive Umbrella Liability, Page 3 of 7 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 $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 22-3-572. 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 sta&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 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 2275-1.7-13 (c) the Contractor will- remain liable to the City for actual damages. SECTION VIII. 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. Page 4 of 7 SECTION IX. 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 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. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. 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 for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. Page 5 of 7 SECTION XI. MISCELLANEO 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. 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. [Signature Page to Follow.] 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 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 By: Mz �4� Vicki Robinson, President By: Emily Ppmer, Member By: Matt Evans, Member Date: P l i , Date: lG 9 ZDL� "CONTRACTOR' THOR CONSTRUCTION COMPANY 1111 NWT Street Richmond, IN 47374 Printed: D AAi l f_ G L)c Title: Ae, S /42� ✓c% Date: D Page 7 of 7 U"� CITY OF RICHMOND 50 North Fifth Street Richmond, Indiana 47374 (765) 983-7200 ArrrmnD PRICE REQUEST FTHIS 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 i specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. DATE REPLY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS August 12 2020 September 3 2020 b 4:59 m . QUANTITY CATALOG NO. DESCRIPTION • UNIT PRICE TOTAL 8451 9,0 STABILIZATION AND HISTORY j, ti 1=TA-/ T L IV �j g� oo©, tot) PRESERVATION (see attached) PRE -BID MEETING ONSITE AUG. 19TH 2O20 AT 10:00 AM LO�49AI o S'ffl �L Roo f-I've, ��3 060. ©,o � Bids may be mailed or delivered to the City of Richmond, ATTN: Kara Messler, 50 North 5th Street, Richmond, IN 47374; Purchasing Department �1r►-1 n-��T ,�iAc, &),99K MAT02/44 Gd 7 i pcus is,,c - PRICE REQUESTZ'�� 0� 4 l`�4'° BY KARA MESSLER PURCHASING MANAGER State Tax Exemption No. 003121909-0001 �Ya•.>�UT 9k.N[0 _jA_ ! £�•r •!"f.�1,.2'4s NAME OF FIRM QUOTING i BY 042�e,4 PU51 Pail AUTHO IZED BY Z TITLE DATE Phone No. 3 Request for Bids Stabilization and History Preservation Project Location 300 North 31d Street (location at 3►d and C Streets) Prole Former CSX property, now City of Richmond, Parks and Recreation Department Responsibility, is looking for stabilization and history preservation at the minimum. We are wanting to make sure the first step in - the overall rehabilitation is appropriate and looks like what was once at this location in early 1900's. While our sister depot, Wysor Street Depot in Muncie, IN used state, we understand this is cost - prohibitive and hard to keep maintained. -Please plan to provide an overall bid. that is reflective of history while understanding our limitations. Scope of Protect 1) The existing structure has 2 roofs installed over wood planking ✓2) Remove the existing roofing and properly dispose of the debris Y 3) .Any disposal and recycling containers are the responsibility of the bidder /4) Install new underlayment /5) install a new or equal to: Gerard Barrel Vault Metal Tile, reflective here https://www.gerardusa.come/metaI-roofing/products/barrel-vauIt (Sant6 Fe Color preferred) If another type of roofing is recommended to match the historical picture above, please provide all necessary specifications and warranties in the submitted bid 46) Install and provide all required flashings and counter flashings to provide a complete Installation -/7) Install new 6" gutters'and downspouts ih the color selected ( please provide the color options and reflective to the color of Sant6 Fe to preserve the historical distinction) ✓B) Provide all roof costs ✓9) Provide all gutter costs ✓10) Bidder is required to obtain all necessary permits for the project at the City of Richmond Permits and Inspection Department and must be included in the bid ✓11) If any wood replacement is needed please provide a time and materials not to exceed hourly rate 12) Provide the timeline for the construction and man hours estimated -(again time and materials i not to exceed) 13) Preference and consideration will be given for the bid that can perform the project, provide the j historical restoration and stabilization of the building and the lowest price. ✓14) Bid will need to be good for 90 days ✓15) Bidder must be Bonded and Insured 16) Must provide a Certificate of liability with City of Richmond listed as the additional insured 17) Provide all warranties available on the project and materials provided in the bid. 18) Pre -bid meeting being held onsite on August 191h, 2020 at 10 am. 19) Provide -all sealed bids by Sept. 3, 2020 by 4:59 pm to be considered to Kara Messier, Purchasing Manager at City of Richmond, 50 N 5th St. Richmond IN 47374. 20) Bids will be opened in the Board of Works Public Meeting on Sept. 3, 2020 at 5:00 pm 21) Bid is expected to be*awarded on September 10th at S:OOpm at the Board of Works Public Meeting and a contract will follow with Purchase Order to begin project. I if there are any questions, please call Jim Dykes (765)983-7423 or.Denise Retz (765)983-7276.