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Home My Public Portal About010-2005 - Cordell Pool repairAGREEMENT THIS AGREEMENT made and entered into this // day of ��Pr/�c' , 2005 and referred to as Contract No. 10-2005, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as the "City") and Sladdocs, Inc., P.O. box 371, Gettysburg, Ohio 45328 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to repair sections of Cordell Pool deck, excepting the concession area and splash pool area. A Request for Proposals, dated October 4, 2004, has been made available for inspection by Contractor, is on file in the Richmond Sanitary District Administration office, and is 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 Proposals is attached hereto as "Exhibit A," which Exhibit is dated November 9, 2004, consists of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall perform all work and provide all services and/or goods described on "Exhibit A. 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. Contractor shall perform all work herein in a timely manner, conforming with all applicable professional standards. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No work shall commence until the City is in receipt of any required bonds and certificates of insurance, and until 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. SECTION III. COMPENSATION City shall pay Contractor at the rates listed on "Exhibit A", provided that Contractor's compensation during any year of this Agreement shall not exceed Twenty Thousand Fifty-four Dollars and Forty Cents ($20,054.40). SECTION IV. TERM OF AGREEMENT This agreement shall become effective when signed by all parties and shall continue in effect until completion of the project. Contract No. 10-2005 Page 1 of 5 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/or competent manner its obligations under this Agreement, which include, but are not limited to, all work listed on "Exhibit A"; b. ineffective or improper use of funds provided under this Agreement; C. suspension or termination of the grant funding to the City under which this Agreement is made; or d. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make prorated payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 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. A. IC C. Coverage Worker's Compensation & Disability Requirements Employer's Liability Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage Comprehensive Auto Liability Section 1. Bodily Injury Limits Statutory $100,000 $300,000 each occurrence $300,000 aggregate $100,000 each occurrence $300,000 each person $300,000 each occurrence Page 2 of 5 Section 2. Property Damage $100,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 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. SECTION VII. 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: 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 action 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; 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 money 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. Page 3 of 5 SECTION VIII. 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 which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION IX. 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. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. 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 and venue of the courts of Wayne County, Indiana, and any suit arising out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. If any court or tribunal declares any provision of this Agreement unenforceable, all other provisions of this Agreement shall remain in full force and effect. 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 in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, 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. Page 4of5 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, INYA by and through its B rd 4 Parks and Recreation rya Date: APPROVED:--- f Xl�4 Sarah L. Hutton, Mayor Date:�� "CONTRACTOR" SLADDOCS, INC. By: Title:',C�= S.t�rzvT Date: —14 -v-C Page 5 of 5 PrOpOSa.I Page 1 of 2 11-09-04 SLADDOCS, INC. P.O. Box 371 Gettysburg, Ohio 45328 Ph. 937-547-1716 / 1-866-550-Slabdocs, Inc. Fax 937-548-8598 www.slabdocs.com Submitted To: CITY OF RICHMOND Attention: JIM DYKES Ph.765-983-7423 Fax 765-983-7279 Job Name: Public Pool Concrete Deck Repairs This proposal is provided as a preliminary cost estimate and Prepared By: Fred Treitmaier is subject to change based on final details and specifications. I I Mobile Ph 937-459-0667 Slabdocs, Inc agrees to furnish all labor, equipment, and materials to: CRITICAL REPAIR AREAS: Adult Section (Approx 1896 SF ) 1) Remove and Replace approx. (145 SF) full depth concrete @ $10.3 5 SF 2) Repair spalled joints cut / fill and re -cut (80 LF x 10") @ $4.85 LF 3) Remove and patch. Approx. (30 SF) @ $6.55 SF 4) Route and treat cracks Approx. (90 LF) @ 2.60 LF 5) Grind, Blast, & resurface complete area (1896 SF) @ $2.90 SF 6) Apply (2) coats pigmented solvent sealer w/ slip additive (1896 SF) @ $ 0.85 SF TOTAL =$ 9429.25 Diving Well (Approx 1197 SF) 1) Remove and Replace approx. (3 5) SF full depth concrete @ $10.3 5 SF 2) Repair spalled joints cut / fill and re -cut (56 LF x 10") @ $4.85 LF 3) Remove and patch. Approx. (55) SF @ $6.55 SF 4) Route and treat cracks Approx. (115) LF @ 2.60 LF 5) Grind, Blast, & resurface complete area (1197 SF) @ 2.90 SF 6) Apply (2) coats pigmented solvent sealer w/ slip additive (1197 SF) @ $0.85 SF TOTAL = $5781.85 Notes: • All requested work should be field measured and verified with owner prior to invoicing. • The Owner will instruct Slabdocs crews where to dispose of waste and refuse materials • This project is tax exempt • Thank you for the opportunity to provide this proposal. �E)(HlBIT PAGE —1—OF Submitted By: ' G PrOP001 Pape 2 of 2 11-09-04 SLADDOCS, INC. P.O. Box 371 Gettysburg, Ohio 45328 Ph. 937-547-1716 / 1-866-550-Slabdocs, Inc. Fax 937-548-8598 www.slabdocs.com Submitted To: CITY OF RICHMOND Attention : JIM DYKES Ph.765-983-7423 Fax 765-983-7279 Job Name: Public Pool Concrete Deck Repairs This proposal is provided as a preliminary cost estimate and Prepared By: Fred Treitmaier is subject to change based on final details and specifications. I Mobile Ph. 937-459-0667 Slabdocs, Inc agrees to furnish all labor, equipment, and materials to: OPTIONAL REPAIR AREAS: TOTAL = $3692.20 Baby Pool (Approx 3417 SF ) 1) Repair spalled joints cut/fill/re-cut (110 LF) @ $4.85 LF 2) Random patching Approx (15 SF) @ $6.55 SF 3) Treat cracks Approx. (60 LF) @ $2.60 LF 4) Prepare surface and apply (2) coats of solvent sealer with slip resistance (3417 SF) @ $0.85 Concession Area (Approx 2158 SF) I TOTAL = $2332.15 1) Repair spalled joints cut/fill/re-cut (65 LF) @ $4.85 2) Random Patching Approx. (12 SF) @ $6.55 3) Treat cracks Approx. (40 LF) @ $2.60 4) Prepare surface and apply (2) coats of solvent sealer with slip resistance (2158 SF) @ $0.85 OPTION TO SEAL ENTIRE POOL DECK Apply (2) coats solvent w/ slip additive sealer to pool deck area. Approximately (14,366 SF) @ $0.85 Adult Section = 1896 SF Diving Well = 1197 SF Baby Pool= 3417 SF Concession = 2158 SF Balance Area = 5698 SF $12,211.00 Notes: • All requested work should be field measured and verified with owner prior to invoicing. • The Owner will instruct Slabdocs crews where to dispose of waste and refuse materials • This project is tax exempt • Thank you for the opportunity to provide this proposal. Of Submitted By:'�i FEB-23-2005 14:03 P.02 ONLY AND CONFERS NO RIGKM UPON THE CER�C BLA9RO INSURANCE AGENCY INC HOLDER. THIS CERTIFICATE DOES NO- AMEND, EXTEND 8700 N MAIN ST ALTER THE COVERAGE AFFORDED BY THE POLICIES 8E DAYTON OR 4541.S COMPANIES AFFORDING COVERAGE 937-890-0600 °�+°-'� INSURED A FSRzE INSURANCE GROUP 00WANY SLABDOCS INC e 7837 ARCAN[TM BEARSMILL RD caaCANY GREENtTILLE OK 45335 COMPANY " D 71tIS 13 TO CERTIFY THAT THE POLtCIEtS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO itik INSURI=D NAMI D ABOVE FOR Tt{E PCUGY PERIOD INDICATED, NOTWITHSTANDING ANY REOLORE14eNT, TERM Op CONDITION OF ANY CONTRACT OR OTHER EXCLU CATS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE APFORDEO BY THE POLICIES DESCRIBE DOC MN IS 8 BJECT ToALLTHETHIS TERMS EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS BHONtN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .O "DEOPINSW tNCII fin POLiGYNUtaBaR tO11CY$FPfC'RVtS POLICYl11tMAATION GENERAL LUaILITY DAT! 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