HomeMy Public PortalAbout122--2012 - Airport - Thor Construction - Quonset RehabAGREEMENT
THIS AGREEMENT made and entered into this SE 44 day of 49C-7606 , , 2012, and referred to as
Contract No. 122-2012, 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 Thor
Construction Company, I I I NW T Street, Richmond, Indiana, 47374 (hereinafter referred to as the
"Contractor").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform services in connection with the rehabilitation of the Quonset
Hut Hangar at the Richmond Municipal Airport in accordance with the Bid Specifications described
below (the "Project"). Contractor has been awarded the base bid as well as Alternate 1 (Window
Replacement) and AIternate 2 (Door and Frame Replacement) in connection with the Project and Bid
Specifications described below.
Certain Bid Specifications dated August 25, 2012, have been made available for inspection by Contractor,
are on file in the offices 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.
The response of Contractor to said Bid Specifications is dated September 13, 2012, portions of which are
attached hereto as Exhibit A, consists of seven (7) 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 inany 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 ail 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.
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Two Hundred Nineteen Thousand Nine Hundred
Forty-eight Dollars and Zero Cents ($2I9,948,00) for complete and satisfactory performance of the work
required hereunder.
Contract No. 122-2012
Page 1 of 5
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 shall be within twelve (12) weeks from the purchase order
date, provided that if cold weather temperatures affect the material installation, some work may be
authorized by the City to be completed in 2013.
Notwithstanding the terra 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 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. 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
Page 2 of 5
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
$1,000,000 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 VIII. 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 Ionger 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
Page 3 of 5
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. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-4-1-10, 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. City and Contractor each agree they will comply with all applicable federal Americans with
Disabilities 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 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.
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.
Page 4 of 5
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 fled.
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.
44CITY„
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Aviation Commissioners
By:
Darlene Fleming, Presi
Approved: V Wu4
Sarah L. Hutton, Mayor
Date: /0 /J—// �—
"CONTRACTOR"
THOR CONSTRUCTION COMPANY
I 111 NWT Street
Richmond, IN 47374
Title: i
Date:
Page 5 of 5
EXHIBIT PAGE QF
RICHMOND MUNICIPAL. AIRPORT
QUONSET HUT HANGER REHABILITATION
LWC COMMISSION NO. 12210-00
BID PROPOSAL FORM
Project: R.ieltmond Municipal Airport Quonset Hut Hanger Rehabilitation
General Contract
Bidder: Thor Construction Company
Address. 1111 Northwest: "T" Street
City/State/Zip: Richmond, IN 47374
Telephone: 7 65 -9 6 2- 6 5 5 3
Fax: 765-966-9020
C �*l�cltf
'State
'Financial Statement
Form 96 (Revised 2010)
Bid Bond
✓Receipt of Addenda (List Addenda Numbers Below)
`Nan -Collusion
Addenda Nos. 1
9
Sase Bid: $ 198, 657.00
Alternate Bids: State the amount for providing the following Alternate Bid scopes of work as indicated on the
Construction Documents:
Alternate #1 -- Window Replacement
$ 11, 363.00
1 Alternate #1-- Door and Frame Replacement
$ 9,928.00
Alternate #1.-- Sprayed -On Insulation
S. 67,322.00
o
End of Pro oral Bid Form
BID PROPOSAL. FORM Page 1 of I
EXHIBIT PAGE el —OP
Part of State Form 52414 (R 19-10) / Form 96 (Revised 2010)
BID OF
Thor Construction Company
(Contractor)
1111 Northwest "T" Street
(Addmss)
Richmond, IN 47374
FOR
PUBLIC WORKS PROJECTS
OF
City of Richmond
Richmond Municipal Airport
Quonset Hut Hanger Rehabilitation
Filed
Action taken
EXHIBIT PAGE :�z) OF
CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96
a ry State Form 52414 (R 19-10)1 Form 96 (Revised 2010)
's � Prescribed by State Board of Accounts
�eie
PART
(To be completed for all bids. Please type or print)
Date (month, day, year): September 13, 2012
1. Governmental Unit (Owner): Richmond Municipal Airport
2. County: Wayne
3. Bidder (Firm): Thor Construction Company
Address: 1111 Northwest "T Street
City/State/ZIPcode: Richmond, IN 47374
4. Telephone Number: 765-962-6553
5. Agent of Bidder (if applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete
the public works project of Richmond Municipal Airport
(Governmental Unit) in accordance with plans and specifications prepared by LWC, Inc.
and dated August 20, 2012 for the sum of
One Hundred Ninety Eight Thousand Six
Hundred Fifty Seven $ 1.98, 657.00
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 altemative 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 be regarded as a material breach of the contract.
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS
(If applicable)
1, the undersigned bidder or agent 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
understand that violations hereunder may result in forfeiture of contractual payments.
EXHIBIT PAGE p��
ACCEPTANCE
The above bid is accepted this day of , subject to the
following conditions:
Contracting Authority Members:
PART II
(For projects of $100,000 or more — IC 36-1-12-4)
Governmental Unit: Richmond Municipal Airport
Bidder (Firm)
Thor Construction Company
Date (month, day, year).
9113/12
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
What public works projects has your organization completed for the period of one (1) year prior to the
date of the current bid?
Contract Amount
Class of Work
Completion
Date
Name and Address of Owner
$969,750.
Turnkey construction
05/12
City of Richmond
I
I
i ----
i
2. 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
$5,108,647.
Combined Construction
12/31/12
Richmond Community Schools
$1,326,622,
Turnkey Construction
08/12
City of Richmond
$ 255,715.
Combined Construction
08112
Richmond Community Schools
EXHIBIT tA PAGE .L-� u -'
Have you ever failed to complete any work awarded to you? NO If so, where and why?
4. List references from private firms for which you have performed work.
Tiedemann - Bev's Industries
Vision Hospitality
Boys & Girls Club of Wine County, Inc.
SECTION li PLAN AND EQUIPMENT QUESTIONNAIRE
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 govemmental unit to consider your bid.)
Work can begin on notice.
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.
A subcontractor list will be provided upon request.
EXHIBIT - PAGE QF�
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.
No subcontract bonds required.
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.
All equipment necessary is available.
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.
Yes
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
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.
EXHIBIT _. PAGE _]_OF -1—
SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT
The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other
member, representative, or agent of the firm, company, corporation or partnership represented by him, entered
into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is
made without reference to any other bid and without any agreement, understanding or combination with any other
person in reference to such bidding.
He further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, fee, gift, commission or thing of value on account of such sale.
SECTION V OATH AND AFFIRMATION
i HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION
CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT.
Dated at 1111 NW "T" Street this 13th day of September , 2012
Thor Construction Company, a division of Carroll Electric, Inc.
t�resiaeni
(Title of Person Signing)
ACKNOWLEDGEMENT
STATE OF Indiana
COUNTY OF
Wayne ) ss
Y
Before me, a Notary Public, personally appeared the above -named Daniel D. Stamper and
swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to before me this 13th
My Commission Expires: June 27, 2014
County of Residence: Union
day o September 2012
Nptary rub