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HomeMy Public PortalAbout155-2012 - Trademark Construction - Renovations for the Fire DeAGREEMENT THIS AGREEMENT made and entered into this 1066 day of , 012, and referred to as Contract No. 155-2012 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 Trademark Construction, LLC, I89 Fort Wayne Avenue, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide renovation services for Station #2 and Station #3 for the Richmond Fire Department, known as Project #1 (including, but not limited to, replacing the fascia, window trim, reattaching loose siding, scraping paint, pressure washing, caulking, filling cracks/joints, repainting, and cleanup/removal services for Station #3 as set forth in detail on Contractor's quote) and Project 42 (including, but not limited to, replacing fascia, siding, reattaching loose siding, scraping loose paint, pressure washing, caulking/filling, repainting, and cleanup/removal services for Station 42 as set forth in detail on Contractor's quote). Project #3 will not be completed. Certain requests for quotes dated October 17, 2012, have been made available for inspection by Contractor, are on file in the offices of the Fire Department and 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 request for quotes is attached hereto as Exhibit A, which Exhibit is dated November 1, 2012, consists of four (4) 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 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 Il. 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.155-2012 Page 1 of 5 SECTION M. COMPENSATION City shall pay Contractor a total sum not to exceed Five Thousand Seven Hundred Twenty Dollars and Zero Cents ($5,720.00) 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 completion of Project #1 and Project #2. 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 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. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements Page 2of5 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 $1,000,000 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 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. 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. MAN 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 Page 3 of 5 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 DISCR /UNATION 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: I . 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. 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 filed. 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: 9/1 � �, . &,Z� �' Vicki Robinson, President By: Dian Lawson, ember In Date: 6/1-1� -4� APPROVED: Sarah L. Hutton, Mayor Date: i.2 / z "CONTRACTOR" TRADEMARK CONSTRUCTION, LLC 189 Fort Wayne Avenue Richmond, IN 47374 Title: Date: < t► - ! -7 - f Z- Page 5 of 5 CITY OF RICHMOND 50 North Fifth Street Richmond, Indiana 47374 (765) 983-7200 Trademark Construction EXHIBIT A PAGE I 4F PRICE REQUEST FfIS 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 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 October 17, 2012 REPLY MUST BE IN * November 1 2012 by 5:00 p.m. * DELIVERY REQUIRED DELIVERED PAYMENT TERMS UPON RECEIPT OF INVOICE QUANTITY CATALOG NO. DESCRIPTION UNIT PRICE TOTAL RENOVATION PROJECTS- RICHMOND FIRE DEPT. (See Attached) Please include a certificate of insurance. . with your bid. Bids must be enclosed in a sealed envelope with the project name on the outside. Pre -bid meetin -Oct. 23, 2012, 9:00 a.m. at Fire Station #2 located at 930 Winding Ridge Drive. PRICE REQUEST BY VICKI ROBINSON PURCHASING DIRECTOR * Bids are to be mailed or brought to the ]Purchasing Department in the Richmond Municipal Building at 50 North 5th Street. State Tag Exemption No. 003121909-001 NAME OF FMM OTIOTTNf. MLE DATE Phone No. e S` 3 S 5 30 EXHIBIT PAGE 2- QF BID SHEET Renovation Projects of Richmond Fire Department COST OF EACH PROJECT: Project #1 - $ OS S . M Project #2 - $ 3- WS , Project #3 - b ALSO, PLEASE PROVIDE THE FOLLOWING INFORMATION WITH BID: 1. Earliest date available to begin project- i' t-1 Z- �- 2. Length of time to complete the project 3. A current Certificate of Insurance according to required limits should be included with -the bid. 4. Guarantee information. -yar WGfro-_ on 66ar.� marLu4esiurer3 woLrra_+r`r'�`� o t), 'PrOOLu C; s +h 5 eq �1 Please call Asst. Chief Jared Rudy at (765) 983-7265 if you have any questions. EXHIBIT PAGE 3 OFF Fire Station Renovation The Richmond Fire Dept. is soliciting quotes for the following renovation projects. Projects will be bid separately. General: All work to be done to satisfaction of AHJ and to current building standards. All work to be scheduled with Assistant Chief prior to beginning. All replacementwood materials are to be primed on all sides with exterior primer before installation. Any replacement product not exactly matching existing must be submitted for approval prior to installation. NOTE: RFD accepts no responsibility for exact measurements specified in this document. All bidders are responsible for their own field measurements. PROJECT #1 Location of Work: RFD Station 3 3850 Woodside Dr., Richmond IN 47374 Work to be performed: • Replace approx. 6 linear feet of existing fascia that was damaged at Northwest corner of building with new material to match existing 1x10 rough 'cut cedar. • Replace approx. 10 linear feet of existing vertical window trim under Western most window on North side of building with new material to match existing 1 x6 rough cut cedar Reattach -any loose siding • Scrape all loose paint • Pressure wash all areas being repainted. • Caulk/Fill all cracks/joints in areas to be repainted • Repaint all. wood siding and exterior trims to match existing colors, 2 colors currently, with professional grade exterior latex paint • Clean up and remove all debris upon completion EXHIBIT A PAGE �4F_LL PROJECT #2 Location of Work: RFD Station 2 930 Winding Ridge Dr., Richmond IN 47374 Work to be performed: • Replace approx. 66 linear feet of existing fascia that is damaged on entire South side of building with new material to match existing 1x10 rough cut cedar. • Replace approx. 58 linear feet of existing fascia that is damaged on entire West side of building with new material to match existing 1 x10 rough cut cedar • Replace existing exterior siding under 3 windows (2 on North side, 1 South side) with matching exterior siding product. • Reattach any loose siding • Scrape all loose paint • Pressure wash all areas being repainted. • Caulk/Fill all cracksljoints in areas to be repainted • Repaint all wood siding and exterior trims to match existing colors, 2 colors currently, with professional grade exterior latex paint • Clean up and remove all debris upon completion PROJECT #3 Location of Work: RFD Station'2 930 Winding Ridge Dr., Richmond IN 47374 Work to be performed' • Replace existing swing -style doors on south side of "mini -barn" to match existing. • Existing hardware may be reused. • Paint to match existing siding • Clean up and remove all debris upon completion