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HomeMy WebLinkAboutPrecision Concrete, Inc./STREET/$26,164/Sidewalk Trip Hazard RemovalCzBmmjtpoMzodi.NdHsbuibu9;56bn-Bvh32-3135 Precision Concrete, Inc. Street Department - 2024 Appropriation #2201 2201 43-509.00 Motor Vehicle Highway Fund; P.O. #112455 Contract Not To Exceed $26,164.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 2 Precision Concrete, Inc. Street Department - 2024 Appropriation #2201 2201 43-509.00 Motor Vehicle Highway Fund; P.O. #112455 Contract Not To Exceed $26,164.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, 3 Precision Concrete, Inc. Street Department - 2024 Appropriation #2201 2201 43-509.00 Motor Vehicle Highway Fund; P.O. #112455 Contract Not To Exceed $26,164.00 and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Street Department Office of Corporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Precision Concrete, Inc. 1896 Goldeneye Drive Holland, Michigan 49424 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor 4 Precision Concrete, Inc. Street Department - 2024 Appropriation #2201 2201 43-509.00 Motor Vehicle Highway Fund; P.O. #112455 Contract Not To Exceed $26,164.00 of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through the satisfactory completion of services and/or delivery and acceptance of goods contracted for herein. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same 5 1896 Goldeneye Drive, Holland MI 49424 Phone: 616.403.1140 FAX: 616.582.5951 www.IndianaSafeSidewalks.com July 18, 2024 City ofCarmel Attn: Brad Henderson, Foreman st3400W131St Carmel, IN46074 Phone: (317) 733-2001 Cell: (317) 650-0907 Email: bhenderson@carmel.in.gov Subject: SIDEWALK TRIPHAZARD REMOVAL, Proposal forCity ofCarmel -Chapmans Claim, City Tree Locations Brad, Weappreciate theopportunity tosubmit this proposal for theCity ofCarmel. Totalcost forthis projectis estimated tobe$26,164based onanagreed scope and jobrate. Upon yourreview and acceptance ofthis proposal, please sign and return(or submit avalid purchase order referencing thisproposal) viaFAX to 616) 582-5951oremail usatinfo@PCCMich.com. Ourinsurance (anACORD) is current andonfilewith your office. Letus know ifanyadditional information or documents arerequired before webegin work. Weappreciate the opportunity toprovide ourservice. Precision Concrete Cutting Precision Concrete Cutting (PCC) hasbeen removing triphazards fromuneven sidewalks andother concrete walkways across thenation forover 25years. Astheindustry leader intechnology and price, PCC canreduce liability associated with uneven sidewalk and help meet ADA compliance with amethod more effective andless expensive than alternatives. PCC utilizes its patented tools andprocesses thatithas developedand refined fortriphazard removal. Notonly istriphazard removal thespecialty ofPCC... it'sthe only thingwe do. PCC hasdozens of locations across thecountry. Precision Concrete, Inc. is thelocally licensed business unitserving Indiana, Michigan, Central Illinois, and Missourithat leverages the proven tools, process, and training toprovide thisservice. The Advantage The Precision Concrete Cutting (PCC) service removes the entiretrip hazard from sideto side ontheentire sidewalk while other methods ofrepair often leave aportion Cutting in processofthetriphazard. Notonly canPCCreach theedges ofevery sidewalk, wecan remove triphazards from virtually anyangle and at anylocation. Trip hazards caused by cracked concrete orlocated inhard-to-reach places such asin gutters oradjacent toa Tripwall, post, orrailing willbeeliminated without Hazardanydamagetonearbyimpediments. There isnoother process of trip hazard removal available with thequality, flexibility, and diversity as that ofPCC. Page1PCC PROPOSAL for City ofCarmelChampmans Claimprinted: 7/19/2024 Quality The Precision Concrete Cutting (PCC) process involves themeasurement ofevery sidewalk triphazard identified. PCC inspects thesidewalks and takes specific measurements toidentify and logeach triphazard size and location. These measurements areused to determine the sizeofrepair that isrequired, and to guarantee that therepair ismade todimensional specifications. The PCC finished repair isaesthetically pleasing, smooth, andofsuperior quality compared toalternatives. Itdoes notleave grooves inthesurface oftheconcrete, itisnot uneven, and isleftwith anacceptable coefficient of friction tonotcreate sliphazards. Environmental & Community Friendly The Precision Concrete Cutting (PCC) process does not require heavy equipment inthework area. The PCC equipment issmall and maneuvered about byindividual employees. Nodamage iscreated tobuildings, landscaping, irrigation systems, orthesurrounding environment. Complete cleanup oftheworkarea is performed and dust abatement systems minimize dust. Allmaterials removed areproperly recycled. PCCutilizes apatented dust collection system tokeep dust toaminimum while performing itswork. This isa great benefit overother repair processes that leave the area covered inconcrete dust orslurry. PCCalso cleans upthe removed concrete and debris created while performing therepairs and disposes (forrecycle) ofitaspart of theservice. Being acomplete solution, no follow-ontasksarerequired oftheCity ofCarmel staff. Sidewalks remain openwith only minor disruption while PCC moves thru anarea performing thetriphazard removals. Asamember of theU.S. Green Building Council (USGBC) we areproud ofthefact that we reduce the impact to landfills and theenvironment as aresultof ourservice. Forexample, removing and replacing just 50 sidewalk panels would result in approximately 60,000 lbs of concrete being removed (youraverage panel weighs about 1,200 lbs). Using Precision Concrete Cutting, sidewalk triphazard removal canbeaccomplished by removing about400lbsofconcrete that willbe recycled. Noheavy equipment orhauling isrequired. Also, there isnodamage to trees oradjoining landscape with Precision Concrete Cutting. Real Savings Precision Concrete Cutting (PCC) leverages new technology and unique equipment to perform sidewalk repairs ata70-80% costsavings compared tosidewalk replacement. Itis estimated that this project will save the City of Carmel over $145,000 on repairs. Professional Plan and Approach Precision Concrete Cutting (PCC) willconduct apre-construction planning meeting with theCitydesignated contact(s) using aPCC Project Manager toestablish priorities, ahigh-level schedule foreach jobsite, review risks/constraints, andsafety plans. The Project Manager willassure schedule, scope, and budget objectives areattained fortheproject. The PCC Delivery Manager willassure quality and safety objectives areattained during theonsite workphase oftheproject. Page 2 PCC PROPOSAL for City of Carmel Champmans Claim printed: 7/19/2024 PCCwilldeploy awell-marked light-duty pickup truck/van and fulllogo trailer used tomobilize uptothree (3) fullsets ofcutting equipment and operators. Safetycones are placed wherever thetruck/vanand trailer park and they are placed onthesidewalks infront ofand behind theoperator area toassure pedestrian safety during cutting. AllPCC staff (including project manager) wears high-visibility safety vests whenever they are outside their vehicle. Scope and Cost Precision Concrete Cutting (PCC) isproposing aSAW CUT solution (NOT GRINDING) fortheCity ofCarmel toremove select sidewalk trip hazards (determined bythe customer) within the subdivision. PCC would typically billforthisproject attherate of $58perInchFoot (defined astheaverage inch height of thetriphazard xlinear feet ofthehazard). TheJune and Julysurveys estimate about 569Inch Feet ofcutting foratotal cost of $32,989. However, with municipal discount pricing applied, total cost for this project is estimated to be $26,164*. Billing willbebased onactual work performed. Theselect sidewalk triphazards (determined byCity) of-way (within twopanels of thetree whose roots arecausing thedefect oflift). Trip hazards willbeeliminated leaving amaximum running slope (ramp) of1:8aspermitted tomeet ADA requirements. Only 19locations areoutofscope for cutting that may need replacement work. For this project, it is estimated PCC will correct about 408 trip hazards, in the specified areas along City trees, requiring approximately 569 Inch Feet (or 1,206+ lineal feet) of cutting. Municipal discount willapply ifproject accepted prior August 16, 2024 and with anauthorization toproceed byAugust 302024. MAP: Arial view ofsubdivision showing thework area approximate location ofsurveyed triphazards. Page 3 PCC PROPOSAL for City of Carmel Champmans Claim printed: 7/19/2024 Sole Source Status The technology that Precision Concrete Cuttinguses toremove trip hazards hasbeen developed and patented byPrecision Concrete Cutting based inProvo, UT. Precision Concrete Cutting and its local branches are theonly companies authorized tousethepatented equipment andmethod for removing sidewalk triphazards asdescribed bythefollowing patent numbers: U.S. Patent No. 6,827,074 U.S. Patent No. 7,143,760 U.S. Patent No. 6,896,604 U.S. Patent No. 7,201,644 U.S. Patent No. 7,000,606 U.S. Patent No. 7,402,095 These patent numbers and thePrecision Concrete Cutting (PCC) licensing agreement make Precision Concrete, Inc. asole source fortrip hazard removal inIndiana using thistechnology. Invoicing APrecision Concrete Cutting (PCC) invoice will beissued forwork completed atthe conclusion of the project. Payment terms arenet15days from thedate work iscompleted unless contract states otherwise. PCCwill notcharge theCity ofCarmel anyadditional fees formobilization, setup, cleanup, or travel / expenses. Allsuch feesareincluded intheproposed price. Anitemized invoice listing thelocation ofeach triphazard resolved willbelisted and canbeprovided inhard copy orsoftcopyasrequired bytheCity ofCarmel. This itemized listprovides theCity with acompletely auditable summary ofthework performed byPCC. Itisalso adocument that cansupport thefact that your organization hasaproactive sidewalk maintenance program inplace. Summary Precision Concrete Cutting appreciates working with theCity ofCarmel to deliver aproactive and cost-effective sidewalk maintenance program tohelp with the efforts of ADAcompliance and reduce liabilities associated with sidewalk trip hazards. Our goal istofosteralong-termrelationship inwhich wehelp theCity ofCarmel achieve itsannual sidewalk maintenance objectives. Thank you for your consideration. Signature and date below confirms your acceptance of this proposal. Don Hughes, Manager Indiana Operations and Mark Bonkowski (President) City ofCarmel Precision Concrete, Inc. 1896 Goldeneye Drive Holland MI 49424 authorized signature / date 317) 695-3271 Cell 616) 403-1140 Office 616) 582-5951 Fax printed name / title Page 4 PCC PROPOSAL for City of Carmel Champmans Claim printed: 7/19/2024 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 112455 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 7/23/2024367635 PRECISION CONCRETE INC Street Department VENDORSHIP1896GOLDENEYEDRIVE 3400 W. 131st Street TO Carmel, IN 46074- HOLLAND, MI 49424 - Matt Higginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 90072 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-509.00 1EachSidewalk Trip Hazard Removal$26,164.00$26,164.00 Sub Total 26,164.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 26,164.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 112455 CONTROLLER