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Home My WebLink AboutAgreement - Selge Construction Co - Donation of Transporting 7 Modular Bldgs from Ivy Tech to a City Location1316 COUNTY-Crry BUILDING 227 W. JEFFERSON Bouj,EVARD SOUTH BEND. IN DIANA 46601-183 0 CITY OFSOUTHBEND PETF-BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 13, 2018 Robert Kuhns Selge Construction Co,, Inc, 283,3 S I I"' Street Niles, MI 49120 RE: Agreement Dear Mr, Kuhns: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on March 13, 2018, approved the above referenced agreement to accept the donation of transporting seven (7) modular buildings from Ivy Tech location to a City location. Enclosed please find a copy of the agreement.ror your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, X Linda M. Martin, Clerk Enclosure c: Pam Meyer, Community Investment CA zy A, Git,o'r SUZANNA M. FRITZBERG E LIZABETI i A, MARADI K JAMEs A. MLIE'LLER T[ IFRESt., J, DORAU DONATION OF SERVICES AGREEMENT THIS DONATION OF SERVICES AGREEMENT (the "Agreement") is made effective as of the Prday of March, 2018, by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (the "City"), and Selge Construction Co., Inc. (the "Contractor" and collectively with the City, the "Parties"). RECITALS: A. The City has entered into a Modular Building Transfer Agreement, dated as of February 27, 2018 (the "Ivy Tech Agreement"), with Ivy Tech Community College (the "College"), pursuant to which the College agrees to transfer title to the City of seven (7) modular classroom buildings (collectively, the "Buildings") and currently located on the ColIege's campus at 220 Dean Johnson Boulevard, South Bend, Indiana (the "Campus Location"), and the City agrees to take possession of the Buildings and commence to move the Buildings from the Campus Location prior to April 1, 2018. B. The Contractor has knowledge and experience in moving modular buildings such as the Buildings and has agreed to donate its services to the City to provide for the removal of the Buildings from the Campus Location, transporting the Buildings and relocating and installing the Buildings on a site consisting of three (3) parcels of property owned by the City by and through its Department of Redevelopment located at 1315, 1321, and 1325 South Michigan Street, South Bend, Indiana (the "City Location"). NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree -as follows: 1. Removal, Transport and Installation of the Buildings. The- Contractor agrees to provide services as follows: (a) the Contractor will disassemble the Buildings including the decking and the skirting and remove the Buildings from the College Location and will restore the ground where the Buildings were formerly located to usable condition with grass seeding as may be necessary; (b) the Contractor will transport the Buildings to the City Location and deliver the skirting to the Sample Street Business Complex at 3702 West Sample Street, South Bend; and (c) the Contractor will reassemble and place the Buildings on the City Location (collectively, the "Services"). The City acknowledges that it will remove and dispose of the decking. The City and the Contractor agree to coordinate the removal of the Buildings by the Contractor, the removal of the decking by the City, and the delivery of the skirting by the Contractor. Contractor shall place the Buildings on the City Location as more specifically directed by the City and its staff. 2. Donation of Services. The Contractor agrees to provide the Services without charge to the City as a donation to the City. The City agrees to provide evidence of such donation as may be reasonably requested by the Contractor, B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability. Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Commission and the Manager. D. Waiver. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Entire Agreement; Amendment. The Parties acknowledge that this Agreement constitutes the entire agreement of the Parties with respect to its subject matter. No representation, promise, or inducement not included in this Agreement will be binding upon the Parties. This Agreement may not be modified except by mutual agreement of the Parties set forth in a written instrument signed by the Parties' authorized representative. F. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Indiana. G. No Third Party .Beneficiaries. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon any person, firm, or corporation other than the Parties any equitable right, remedy or claim under or by reason of this Agreement or any term or provision of this Agreement, as third -party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of the Parties. H. .Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile transmission or in .pdf format shall constitute effective execution and delivery of this Agreement by the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile or in .pdf format shall be deemed to be as originals thereof for all purposes. I. Authority. The undersigned persons executing and delivering this Agreement on behalf of the respective Parties represent that they are the duly authorized representatives of each and have been fully empowered to execute and deliver this Agreement and that all necessary corporate action has been taken to provide such authority. [Signatures Follow on Next Page] El IN WITNESS WHEREOF, the'Parties have made and executed this Donation of Services Agreement to be effective as of the date of last execution set forth below. Date: ML� �,V\� 2018 Gary A. (tot, President Thervese Dorau, Meim�ber uzai ud" r,*e-rg4, AK 46wer : t-A=- Elizabeth Maradik, Member Jan/1 Mueller, Member AT'I'EST: -AJ Li da M. Mal -tin SELGE CONSTRUCTION CO,., INC. Date: Marcb 7 2018 Robert P. Kuhns, P.E. Its: Proj ect Encline r [Signature .Page to Donoi, Services,4greement] Insurance Requirements The limits of liability for the insurance required by the Agreement for the Contractor are as follows: 1. Workers' Compensation: Statutory 2. Commercial General Liability - a. Each Occurrence: $1,000,000 b. General Aggregate: $1,000,000 e. Products/Completed Operations: $1,000,000 d. Personal and Advertising: $1,000,000 e. Contractual Liability -- Each Occurrence: $1,000,000 General Aggregate $2,000,000 3. Excess Umbrella Liability -- a. Each Occurrence: $5,000,000 b. General Aggregate: $5,000,000 d. Business Automobile Liability -- a. Bodily Injury --Each Accident: $1,000,000 b. Property Damage —Each Accident: $1,000,000 DMS 117762580 A-1 10 A " CERTIFICATE OF LIABILITY INSURANCE DATE{MMIDb1YVYY) 3/8/2018 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(les) 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. Gibson Insurance Agency, Inc. 130 S Main St, Ste 400 PO Box 11177 South Bend IN 46601-0177 CONTACT Ellie Lloyd PHONE Ext): (800) 814-2122C No: (8001836-2122 E-MAIL elloy d@ ibsonins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL 0 INSURER A:Arner i sure Ins Co 19488 INSURED Selge Construction Co Inc 2833 S 11th St Niles MI 49120-4421 INSURERB:Travelers Prop Cab Co Of Amer 25674 INSURERC: INSURERD: INSURER E : 1 INSURER F : r.e)VP P ArrFa rI=QTIF:W.ATF NIIMRFR-8-31-17/18 Liability REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF 1NSURANCE 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. IEXP LTR TYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER MMIDDIIYEYYY MMfODYIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A � CLAIMS -MADE OCCUR L � 1 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 X MED EXP (Any one person) $ 10,000 XCU CPP20982400101 8/31/2D17 8/31/2018 X Contractual Liability PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGG $ 2,000,000 POLICY JEC LOG $ OTHER: AUTOMOBILE LIABILITY COEaMBI acciendZ'AIS GLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS CA20982410101 _ 8/31/2017 8/31/2018 BODILY INJURY (Per accident) $ PROPERTY eOPERT ntDAMAGE .. $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10, 000, 000 AGGREGATE $ 10, 000, 000 A EXCESS LIAR CLAIMS -MADE DED X RETENTION$ 0 $ CU20982430101 8/31/2017 B/31/2018 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN EREXCLUDEO? OFFiCERiMEMA (Mandatory in (Mandatory€nNH} NIA WC209824401 11/31/2017 8/31/2018 XPER STATUTE ER - . E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below B Exceso Umbrella ZUP11ROOB5016NF 8/31/2017 0/31/2018 Each Occurance $13,000,000 Aggregate $13, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES {ACORD 101, Additional Remarks Schedule, may be allached If more space Is required) C`FRTIGITATF 41f11 nr-P CANCFLLATION (574)235-9171 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Bend THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 1316 County City Building AUTHORIZED REPRESENTATIVE 227 W. c7efferson Blvd. Sough Bend, IN 46601 G Ins Agency/ELLIE ACORD 25 (2014101) 1 NS026 (201401) OO 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date March 6, 2018 Name Pam Meyer Department _DCI March 13,2018 BPVV Date Phone Extension 5845 F Required, Prior to Submittal to Board Legal Attorney Name Clara McDaniels Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing F N Agreement H Contract Proposal N Addendum ❑ Professional Services F-1 Resolution ❑ Bid Opening n Bid Award E] Req. to Advertise ❑ Title Sheet ❑ Quote Opening Ej Quote Award ❑ Change Order No, ❑ C/O & PCA No. F-1 PCA ❑ Ease/Encroach. ❑ Traffic Control F-1 Other: Company or Vendor Name Selge Construction New Vendor Yes 0 No F-1 If Yes, Approved by Purchasing MBEANBE Contractor MBE F-1 WBE �Project Name N/A �Project Number N/A Funding Source N/A Account No. N/A Amount $0.00 Terms of Contract Purpose/Description To accept donation of transporting 7 modular buildingsfrom Ivy Tech location to a City/Redevelopment location F-1 Required Contractor's Certification Form! Attached (Non - Collusion, Non -Discrimination, Non -Debarment, IE-Verify, Iran, etc.) Required For Chan ,ge,Orders ,Or1Iy Amount of F-1 increase $ F] Decrease $ Previous Amount $ Current Percent of Change: % New Amount 'Total Percent of Change: % Dispersal After Approval Copy Original E M Pam Meyer, DCI