HomeMy Public PortalAbout097-2021 - Thor Construction - updates to fire station #3 AGREEMENT
THIS AGREEMENT made and entered into this, ?- day of A , 2021, and referred
to as Contract No. 97-2021 by and between the City of Rich�d, 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 upgrades to Fire Station
No. 3 for the Richmond Fire Department(the"Project").
Bid Specifications dated May 26, 2021, 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 Fire 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 June 10, 2021, consists of four (4) 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 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.
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.
Contract No. 97-2021
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SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Eighty-eight Thousand Nine Hundred Twelve
Dollars and Zero Cents ($88,912.00) for complete and satisfactory performance of the work
required hereunder.
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. Commencement of the Project is anticipated to
begin the week of August 9, 2021.
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.
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
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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 Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $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
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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
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 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.
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
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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.
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. 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.
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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.]
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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" "CONTRACTOR"
THE CITY OF RICHMOND, THOR CONSTRUCTION COMPANY
INDIANA by and through its 1111 NW T Street
Board of Public Works and Safety Richmond, IN 47374
By: G%l� ��' B 4Q
y �'a"`- ,
Vicki Robinson, President
By: Printed: 14 //L L S%}MA.-::V2
Emily lmer, Member
By: ild(j .
Title: iie 5-400iv j
Matt Evans, Member
Date: Date: g L® �D2/
APPROVED:
Da • M. S or
Date: 6 e a s 249Z f
Page 7 of 7
i •
`` CITY OF RICHMOND
r6I ^ �r�i 50 North Fifth Street
0 9' PRICE REQUEST
.�..,• Richmond,Indiana 47374
.n (765) 983-7200 .
THIS IS NOT AN ORDER
VENDOR 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 tight 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
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
May 26,2021 "June.°10,2021 by 4:59 pm DELIVERED UPON RECEIPT OF INVOICE
QUANTITY CATALOG NO, DESCRIPTION UNIT PRICE TOTAL
Renovation
Richmond Fire Station 113 MO 4171du-At I §0 912.c4
(see attached) r 1
Please include a current certificate of
insurance,naming the City of Rich-
mond as the certificate holder,with
your bid.
Quotes can be,mailed or delivered
to Kara Messier,Purchasing at 50
North 5th St, Richmond,IN 47374.
II
PRICE REQUEST
NAME OF FIRM QUOTING
BY °L) s *LP-A, Th . Construe n Company
� t
M
PURCHASING MANAGER BY
HORIZeD BY
Preside
1'1'1'Lki
EXHIBIT A' PAGE '''t`'OF 14,. DATE 6/10/2021
. Phone No. 765-962-6553
State Tax Exemption No.003121909-001
Request for Bids
Station 3 Renovation
Project: The Richmond Fire Department is soliciting bids to renovate Fire Station #3 located
at 3850 Woodside Dr, Richmond, IN 47374.
SCOPE OF WORK:
Existing Dayroom:
Demo existing kitchen, bulk head,walls and lowered ceiling.
Patch and repair to match remaining walls and ceiling.
Remove and terminate existing baseboard heaters.
Saw cut and relocate sink plumbing and drain to new location.
Patch and repair floor to match existing,
Demo existing range vent and install new 8"shutter mounted wall fan.
Reuse/relocate existing range vent power.
Install 24"x30"vinyl awning window above new sink location
Trim interior and exterior to match existing.
Install 72"x80" Left-Hand sliding door
Trim interior and exterior to match existing.
Install new cabinets and laminate counter tops(confirm with owner).
Install new stainless steel double basin 9" deep sink and faucet(confirm with owner).
Relocate electrical power for garbage disposal
Install new garbage disposal
Install new gas line from exterior to new range location.
Install above counter lighting and penants.
Buildout new inset into existing office for refrigerators and supply new electrical to this location.
Patch, repair and install drywall to match existing.
Finish drywall opening.
Cut new 36"opening for doorway into existing office,finish drywall opening. Install 36"sliding
Barn door style door on existing dayroom side, right hand slide.
Patch and repair all drywall throughout.
Prep surface and paint walls, ceiling and trim (owner to choose color). EXHIBIT,PAGE d OF.
Existing Office:
Remove existing desk
Install new laminate counter/desk (owner to choose color).
Prep and paint walls,ceiling and trim (owner to choose color).
Existing Crew Area:
Remove and terminate existing baseboard heaters.
Install 2 windows to match existing window
Trim interior and exterior to match existing. •
Patch and repair drywall to match existing.
Prep surface, paint walls,ceiling and trim (owner to choose color).
Remove existing divider wall.
Patch drywall to match existing.
Remove existing doorway and infill to match existing wall.
Prep surface, paint walls,ceiling and trim (owner to choose color).
Existing Restroom:
Remove partial wall of shower.
Remove shower flooring.
Install washer box on back wall of existing shower.
Access plumbing from existing hall slop sink.
Patch and repair.
Remove and terminate 1 stool.
Replace other stool with new.
Remove and install new stall partition and door
Remove and install new urinal.
Prep surfaces, paint walls,ceiling and trim (owner to choose color).
EXHIBIT f' PAGE =OF 9
Existing Hall:
Remove existing wall with door, repair drywall.
Remove and install new slop sink.
Remove existing bench and cabinets.
Install existing kitchen cabinets on wall
Owner to provide new bench
Prep surfaces, paint walls,ceiling and trim (owner to choose color). •
Install new 20 mil LVP throughout(owner to choose)
Provide attic stock(flooring, paint)
Provide all documents and manuals for new products.
Please provide the following information with your bid:
Cost per specifications including labor
Earliest Date to begin project after purchase order is issued
Any and all warranty and guarantee information must be included
Certificate of Insurance naming the City of Richmond as Certificate Holder •
Completed E-Verlfy Requirements(included)
ALL BIDS ARE DUE JUNE 10TH NO LATER THAN 4:59PM TO BE ACCEPTED. BIDS ARE TO BE
SUBMITTED IN A SEALED ENVELOPE WITH THE PROJECT TITLE WRITTEN ON THE ENVELOPE TO •
KARA MESSIER, PURCHASING MANAGER,AT 50 NORTH 5TH ST, RICHMOND IN 47374.
PLEASE CALL DOUG GARDNER AT(765) 983-7268 IF YOU HAVE ANY QUESTIONS.
EXHIBIT Pt PAGE_y OF_y