HomeMy Public PortalAbout017-2014 - Human Resources -BUCKLAND & ASSOCIATES - Building Appraisals4
PROFESSIONAL APPRAISAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this (Yil— day of �%�r/q , 2014, and referred to
as Contract No. 17-2014, by and between the City of Richmond, Indian , a municipal corporation
acting by and through its Board of Public Works and Safety and by and through its Board of Sanitary
Commissioners (hereinafter referred to as the "City") and Buckland & Associates, 19205 Amber
Way, Noblesville, IN 46060-8349 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
The City wishes to determine the proper insurable value of its buildings. City hereby retains
Contractor to provide services in connection with the re -appraisal of fifty-two (52) city -owned
buildings and structures, re -appraisals of forty-one (41) buildings and ten (10) lift stations for the
Richmond Sanitary District, as well as a new appraisal of the Dana building. Contractor shall
perform all services described on Contractor's quotations dated August 1, 2013. Said quotes are
attached hereto as "Exhibit A" consisting of four (4) pages, which is attached hereto and is made a
part hereof. Contractor agrees to abide by the same. Re -appraisal updating forms are also attached
as Exhibit B.
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 to all applicable
professional standards.
The Contractor shall furnish all labor, material, equipment, and services necessary for 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
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. 17-2014
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed Three Thousand Dollars and Zero Cents ($3,000.00)
for the reappraisals and a rate not to exceed Seventy-five Dollars and Zero Cents ($75.00) per hour
for field visitations in connection with the complete and satisfactory performance of all work
described on "Exhibit A".
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective when signed by all parties and shall continue in effect until
completion of the reappraisals and appraisals.
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 manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards 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 date this Agreement is terminated, 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. 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
Page 2 of 6
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
$1,000,000 each aggregate
F. Malpractice/Errors & Omissions Insurance $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 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 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 a signed Affidavit
affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC
Page 3 of 6
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 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 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;
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
Page 4 of 6
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.
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. 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 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.
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
Page 5 of 6
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:
Vicki Robinson, President
By:
Dian Lawson, Member
By:
nthony L. F ster, II, Member
Date: i-6�&
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
By:
Sue Miller, President
By:
Gil Klose, Member
By:
`v
Y
G eg Stiienns, Member
Date: d ,rr / / f
APPROVED:
Sarah L. Hutton, Mayor
Date: �S L
"CONTRACTOR"
BUCKLAND & ASSOCIATES
19205 Amber Way
Noblesville, IN 46060-8349
By:
D el W. Buckland, President
Date: % y 14-
Page 6 of 6
EXHIBIT PAGE A -OF
-,.Buckland & Associates ,
19205 Amber Way 317-770-1517
Noblesville, IN 46060-8349 FAX 317-770-1591
August 1, 2013
Sue Roberson, Director of Human Resources
CITY OF RICHMOND
50 North Fifth Street
Richmond, IN 47374
RE: Reappraisal Update Service for the Insurance Appraisals of Fifty Two Buildings of
the City Of Richmond, Richmond, Indiana
Ms. Roberson:
According to our records, the above referenced appraisal values expired on September 30, 2012. Our agreement to
update bi-annually is due to take place by September 30, 2013. All additions and deletions should be noted to all
buildings originally appraised and/or last updated September, 2011.
The municipal buildings we currently appraise are as follows: City Hall/Police Station, Parking Garage, Fire Stations
#I through 96, Airport Administration Building, Airport Hanger/Office, Airport Hanger IA0, Airport Hanger 21-32,
Airport Hanger 33-44, Airport Maintenance Hanger, Airport Vehicular Garage, D.O.T. Building, Richmond Senior
Community Center, Glen Miller Park (G.M.P.)Samuel Charles House, G.M.P. Admin. Office, G.M.P. Office Annex,
G.M.P. Maintenance Building, G.M.P. Maintenance Storage Buildings #1 & #2, G.M.P. Golf Clubhouse, G.M.P.
Restroom Building, G.M.P. Bandstand Structure, G.M.P. Roosevelt Hill Items In Open, Highland Lake Golf
Clubhouse, Middlefork Reservoir Concession Building, Middlefork Reservoir Fish Cleaning Building, Clear Creek
Concession Building, Clear Creek Dugouts (2), Springwood Lake Nature Center, Five Building Items at the
Bus/Transportation Garage, Greenhouse Building, Fire & Police Training Facility, South 3`d Street Storage Building,
McBride Stadium Grandstand, McBride Stadium Dugouts (2), McBride Stadium Offnce/Dressing Room Building,
McBride Stadium Concession Building, McBride Stadium Ticket Booth Building, McBride Stadium Restroom
Building, McBride Stadium Items In Open, Cordell Municipal Pool/Splash Pool, Cordell Municipal Pool Bath
House, Cordell Municipal Pool Filter Equipment Building, Cordell Municipal Pool Items In Open.
The fee for 52 building reappraisals is $1,500.00. If changes to the buildings require a field visitation, an
additional fee of $75.00/hr. will apply for fieldwork and additional office research as required plus travel. We
should add any new buildings or structures completed since our 2011 reappraisal update at this time.
Enclosed, you will find a copy of our standard updating form. Please take a few minutes to complete and return. If
you have any questions, please feel free to contact me at my office.
Sincerely,
Buckland & Associates
Dani W. Buckland
President
DWB/cb
Encls.
C: Russ Turner, RMD/Patti Insurance and Financial
.Buckland & Associates _EXHIBir PAGE of
49205 Amber Way 317-770-1517 NkN
Noblesville IN 46060-8349 FAX 317-770-1591
August 1, 2013
Mr. William Harris, Director
City of Richmond Sanitary District
2380 Liberty Avenue
Richmond, IN 47374
RE: Reappraisal Update Service for the Insurance Appraisals of Forty One Buildings/Building Items and
Ten Lift Stations for. City of Richmond Sanitary District, Richmond, IN
Mr. Harris:
According to our records, the above referenced appraisal values expired on September 30, 2012. Our agreement to
update bi-annually is due to take place by September 30, 2013. All additions and deletions should be noted to all
buildings originally appraised in November, 2006 and last updated September, 2009.
The fee for 41 building reappraisals and 10 lift station reappraisals is $1,500.00. If changes to the buildings
require a field visitation, an additional fee of $75.00/hr. will apply for fieldwork and additional office research as
required plus travel. We should add any new buildings or structures completed since our 2011 reappraisal update at
this time.
Enclosed, you will find a copy of our standard updating form. Please take a few minutes to complete and return. If
you have any questions, please feel free to contact me at my office.
Sincerely,
Buckland & Associates
�2
Dan' W. Buckland
President
D WB/cb
Encls.
C: Mr. Russ Turner, RMD/Patti Insurance & Financial
Ms. Sue Roberson, City of Richmond Director of Human Resources
CITY OF RICHMOND SANITARY DISTRICT
WASTEWATER TREATMENT PLANT, LANDFILL & LIFT STATIONS
CURRENT APPRAISALS ON FILE
WASTEWATER TREATMENT PLANT
2380 Liberty Avenue, Richmond, IN
- Administration Building
- Rect. Primary Clarifiers and Service Building
- 2005 Headworks, Channels & Grit Separation Bldg.
- 2009 Grease Reactor Building
- Laboratory Building
- Primary Pump Building
- Maintenance Building
- Aeration Tanks
- Blower Building
- Gravity Thickener Structure
- Digester Building and Tanks
- Sludge Loadout Building
- Sludge Holding Tank and Loadout Structure
- Chemical Feed Building
- (3) Circ. Intermediate Clarifiers & Diversion Structure
- Rectangular Intermediate Clarifiers
- (2) Roughing Towers
- Intermediate Pump Building
- Sludge Pump and Meter Building
- Site Drainage Structure
- Tertiary Building
- Chlorination Building
- Cascade Structure
- Old Compressor Building
- Non -Potable Water Tank and Building
- MERF Building
- Old Sludge Waste Building
- Bio-Filter Structure
- (4) Circular Primary Clarifiers
- (2) Diversion Structure of Circular Primary Clarifiers
- (4) Final Clarifiers
- Final Clarifier Diversion Structure
- Final Clarifier Collection Structure
- Underground Tunnels
- Underground Piping
- Items In Open — Lot Lighting and Fencing
- Items In Open — Waste Gas Burn -off Structure
Buckland & Associates
[EXHIBIT PAGE OF.__ _
CITY OF RICHMOND SANITARY DISTRICT
WASTEWATER TREATMENT PLANT, LANDFILL & LIFT STATIONS
CURRENT APPRAISALS ON FILE - CON'T.
LANDFILL SITE
5242 New Paris Pike, Richmond, IN
- Maintenance Building
- Solid Waste Garage Building
- Truck Scale Building and 2 Truck Scales
- Itcros In Opcn — Fcncing
SELECTED LIFT STATIONS
Various Locations, Richmond, IN
- Short Creek, 2500 Liberty Ave
- Round Barn, Round Barn Road & Industries Road
- Far North Richmond, 3923 Chester Blvd
- Crestdale, 1520 Chester Blvd
- Locust, 802 Locust Drive
- North 12� Street, 1100 N. 12' Street
- Sylvan Nook, 1416 Sylvan Nook Drive
- South 16" Street, 1520 S. `q- Street
- Airport Road, 1861 Airport Road
- Commerce, 630 Commerce Drive
Buckland & Associates
EXHIBIT 1PAGE I OF Z
2013 RE -APPRAISAL UPDATE INFORMATION
Please complete form and return.
City of Richmond
Various Locations
Richmond, Indiana
CURRENT APPRAISALS ACTIVE ON FILE
52 Building Appraisals 00 Furniture & Equipment Appraisal
INSURANCE INFORMATION: (optional)
Insurance Agent: _ Chris Lang
Insurance Agency: Pinar Group ph.
Street Address: 301 Pennsylvania Parkway, Suite 100
City: Indianapolis State: IN Zip: 46280
Policy Expiration:
Do you wish us to send a copy to your agent? (Yes) (No) , circle one
BUILDING INFORMATION
Contact: Sue Roberson. Dir. Human Resources ph. 765-983-7244
Have you added any new structures or completed any remodeling since our last appraisal update? (Yes) (No)
If yes, list all changes and associated costs for each building.
Have you removed any structures currently appraised? (Yes) (No)
If yes, list structures below.
FURNITURE AND EQUIPMENT INFORMATION
Contact NO EQUIPMENT APPRAISALS ON FILE ph.
Signature Date:
Buckland & Associates
[EXHIBIT PAGE ,OF
2013 RE -APPRAISAL UPDATE INFORMATION
Please complete form and return.
City of Richmond Sanitary District
41 Buildings, 10 Lift Stations
Various Locations
Richmond, Indiana
CURRENT APPRAISALS ACTIVE ON FILE
51 Building Appraisals 00 Furniture & Equipment Appraisal
INSURANCE INFORMATION: (optional)
Insurance Agent: Chris Lang
Insurance Agency: Pillar Group ph.
Street Address: 301 Pennsylvania Parkway, Suite 100
City: Indianapolis State: IN Zip: 46280
Policy Expiration:
Do you wish us to send a copy to your agent? (Yes) (No) , circle one
BUILDING INFORMATION
Contact: Jeff Lohmoeller, Plant Manager ph. 765 - 983 - 7464
Have you added any new structures or completed any remodeling since our last appraisal update? (Yes) (No)
If yes, list all changes and associated costs for each building.
Have you removed any structures currently appraised? (Yes) (No)
If yes, list structures below.
FURNITURE AND EQUIPMENT INFORMATION
Contact NO EQUIPMENT APPRAISALS ON FILE ph.
Signature Date:
Buckland & Associates