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HomeMy Public PortalAbout176-2013 - Police - Whitewater Construction - RenovationsAGREEMENT THIS AGREEMENT made and entered into this A day of , 2013, and referred to as Contract No. 176-2013 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety, with its office at 50 North 5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Whitewater Construction, 1417 Sheridan Street, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with certain renovations to the Richmond Police Department for the City of Richmond, Indiana (the "Project"). Bid Specifications dated November 6, 2013, 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 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 Responses is attached hereto as Exhibit A, which Exhibit is dated November 20, 2013, consists of one (1) page, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. This response includes both "project 41" and "project #2" as outlined in the bid specifications and in Contractor's response. Both projects shall be known collectively, for purposes of this Agreement, as the "Project" as set forth above. 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 the required 100% performance bond and the required 100% labor and material payment bond. 3. 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 4. A purchase order has been issued by the Purchasing Department. SECTION I1. 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. 176-2013 Page 1 of 6 SECTION 111. COMPENSATION City shall pay Contractor a total amount not to exceed Eight Thousand Two Hundred Sixty-two Dollars and Zero Cents ($8,262.00) for complete and satisfactory performance of the work required hereunder (which includes compensation for both "project #1" and "project #2" as outlined in the bid specifications and Contractor's response). 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. 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. 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. Page 2 of 6 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 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 VIL 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. Page 3 of 6 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 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 IX. 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 X. 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: 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; Page 4 of 6 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 XI. 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 XII. MISCELLANEOUS This Agreement is personal to the parties hereto and neither parry 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. Page 5 of 6 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. q" Vicki Robinson, President LON Anthony L/oster,-II, Member Date: /� ��2 APPROVED:�� Sarah L. Hutton, Mayor Date: l "CONTRACTOR" WHITEWATER CONSTRUCTION 1417 Sheridan Street Richmond, IN 47374 By: Printed: r Title: �/It�H-lf%nH Date: !— �- Page 6 of 6 IX-HIBIT PAGE 0 � ATTN: Mr. Wampler To Kevin Wampler Richmond Police Company Department Street City Richmond, Indiana PROPOSAL Date: November 20, 2013 We hereby propose the following: Furnish labor, materials, equipment and supervision necessary to complete both projects at your facility in Richmond. Cost is based on this scope of work and information provided by you. Proiect 91: 1. Provide local permits as required. 2. Build 36" high wall at the front edge of each elevation. 3. Using the half wall, a horizontal runner and an intermediate sleeper will be installed to support raised floor. 4. Supply and install % sheathing to provide new raised floor system. 5. Supply and install a prefinished paneling to go on each side of the half wall. 6. Supply and install pre -finished wall cap. 7. Supply and install a 16" laminate counter top from wall to wall with two intermediate brackets. 8. Supply and install VCT flooring on new sheathing. COST S 4000.00 Proiect #2: 1. Provide local permits if required. 2. Build approximately 24' of wall up to ceiling. 3. The walls will be covered with a pre -finished material such as paneling approved by owner. 4. InstalI one 36" pre -hung wood doors with hardware. Stained to match existing. 5. Supply and install one additional diffuser in ceiling to split up the heating and cooling. 6. InstalI (3) two duplex outlets (four outlets) as shown on drawing. COST $ 4262.00 ***One year warranty' Start when issued a Purchase Order****3-4 weeks completion time*** Payment to be made as follows: 15 Days Authorized Signature: This proposal may be withdrawn by us if not accepted within 30 days. Acceptance of Proposal Signature: Date: 1417 Sheridan Street, Richmond, Indiana 47374 Tel. 765-935-4584 Fax 765-935-7956 www.whitewaterconstruction.com 0 4 -9M in 3 CONTRACT REQUEST FORM Date contract needed (Clerk or agenda deadline): Date Submitted to Law*: 2. Board/Commission that will approve contract "30 LJ 3. Has bid been awarded? Date awarded or expected: 4. is this a Common Construction Wage Project? 5. Brief description of work to be performed or supplies to be furnished: Po (tce��ep�- Z(mj4f-i�-s 6. Name and address of Contractor to be retained: 7. What method was used to request bids? (check Professional Services _ Request for Proposals Bid Specifications Request for Qualifications ti ase Bid/ Q t 8. What date was the Bid Specification/RFP/RF / A sent out or reque ed. 4 l� 9. Date of Contractor's Response/Proposall`(i Bi *. r —r J 10. Did the Contractor supply you with all necessary certificates of in nee, warra s, et .. 11. In what office are the Bid Specifi tions/RFP/Bid lists o file lth the Ci 12. Amount to be paid to Contract r $ 6 OQ� Term o Contract: 13. Any Other relevant inform, ation' v Q 15. Submitted By: /Z Department: *Please complete and return, along with Contractor's response and any and all attachments or exhibits, at least one (1) week before the contract is needed for its Agenda deadline. Incomplete submissions will be returned to the Department Head. J January 2011 Affidavit of Employment Eligibility Verification The Contractor, P#i 7 tw c e�..r �� c orb affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this 2—) day of /VOV, , 20(j. (signature) -- (printed name) WENCW1C OP ID: X1 .Ai� �� CERTIFICATE OF LIABILITY INSURANCE DATE(MM11/20113 Y) /13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 937.228.4135 Brower Insurance A Marsh&McLennan Agency LLC Co Fax: 937.228.9108 409 E. Monument Ave, Suite 400 Dayton, OH 45402 CONTACT NAME' wCNNo Ext : AIC No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # David Griffin, CPCU, CIC, AFSB INSURER A: Cincinnati Insurance Company 10677 INSURED Wenco Whitewater Construction Inc. INSURER B: Cincinnati Casualty Co. 28665 INSURER C : 1417 Sheridan Street INSURERD: Richmond, IN 47374 INSURER E : INSURER F: UEJVFKA1iI-S f:FRTIFIf_ATF f111 IURFR- 001/101MKI III IRHOr-0- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DD/YYYYI POLICY EXP (MMIDD= LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FKOCCUR X CPP1061258 03/01/13 03/01/14 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 101000 PERSONAL & ADV INJURY $ 1,000,001 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO LOC POLICY FRI I PRODUCTS - COMP/OP AGG $ 2,0011 JEBL $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS H]REDAUTOS X NON -OWNED AUTOS Com 1000 X C0111000 CPP1061258 03101/13 03101114 COMBINED SINGLE LIMIT Exaocident $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPDAMAGE Per accident $ X $ A X UMBRELLA LIAB X EXCESS LIAB OCCUR CLAIMS -MADE CPPI061258 03101M3 03/01/14 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,00 DED I X RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERSr LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE YIN OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below N I A WC2100864 03/01/13 03101/14 X TORY L METS OT E.L. EACH ACCIDENT $ 600,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E,L. DISEASE -POLICY LIMIT $ 500,000 A A Builder's Risk Rented Equipment CPP1061258 CPP1061258 03/01/13 03/01/13 03/01/14 03/01/14 Special 1,600,000 Speical 100,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Richmond is included as additional insured with respects to General Liability when required by written contract. %,r-M 1 IrILA I C rIULUtFG k;ANk;tLLA I IUN CITYRIC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Of Richmond THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 50 North Fifth Street Richmond, IN 47374 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD