HomeMy Public PortalAbout120-2015 - Sanitary & Stormwater - Culy Contracting - 2015 Stormwater and Sanitary Sewer RepairAGREEMENT
THIS AGREEMENT made and entered into this .2��day of _01,6;ijU , 2015, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of
Sanitary Commissioners and its Storm Water Management Board (hereinafter referred to as the
"City") and Culy Contracting, Inc., P.O. Box 29, Winchester, Indiana 47394 (hereinafter referred to
as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform services in connection with the 2015 Storm and Sanitary
Sewer Repair Project (the "Project") for the Richmond Sanitary District.
A Request for Quotes dated September 9, 2015, including any and all addendums, has been made
available for inspection by Contractor, is on file in the office of the Director of the Sanitation
Department, and is 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 dated September 22, 2015 and is attached
hereto as Exhibit "A," consisting of two (2) pages, which Exhibit is hereby incorporated by reference
and made a part of this Agreement. Contractor shall provide, as needed and requested, all equipment
and services listed on Exhibit "A."
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, services and warranties 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/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 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.120-2015
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SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed the total amount of Eighty-seven Thousand Seven
Hundred Fifty Dollars and Zero Cents ($87,750.00) 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 the Project, which completion shall be as follows: All roads to be substantially
completed within one hundred twenty (120) days of the notice to proceed with final completion to be
no later than April 30, 2016, except that Henley Road shall be substantially completed within thirty
(30) days of the notice to proceed with an additional fifteen (15) days for Henley Road to be finally
completed.
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
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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
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
$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 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
affuming that Contractor does not knowingly employ an unauthorized alien in accordance with IC
22-5-1.7-I1 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to
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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
day during which such person was discriminated against or intimidated in violation of
the provisions of the Agreement; and
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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 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.
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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
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 Sanitary Commissioners
By:
Sue Miller, President
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Storm Water Management Board
By: A�
69i* liens, President
By: A -�
ue Miller, Vice President
By: 4/ ��
Gilbert Klose, Member
APPROVED: '" 4 �,
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
CULY CONTRACTING, INC.
5 Industrial Park
Winchester, IN 47394
Printed: abREF—)J M. euLY
Title: &61 oE74'T
Date: b0& (o Z'zu 1 S
Page 6 of 6
' EXHIBIT PAGE ^ -OF
PRICE REQUEST
CITY OF RICM10M
DEPAR7IN6Nr OF SAWATTON
2380UMW AVE?JM.RICT&CM INEL4NA47374 THIS IS NOT AN ORDER
PHONE (765) 983-74M&FAX (765) 962 2669
VENDOR INSTRUCTIONS
This b a request for a pdoe for the wrAoas of matedab
described below. Any addit" specifications may be
attached hereto. This Is NOT an order and the City reserves
Culy Contracting the right to accept aN or part, or d.aae the snare proposal.
Pleas cwVbte your fuN name and phone number below
PO Box 29 wbh signature; Nwrit a aN prices era dr*rges wtun
requested; and *tad' any 9*1anation for any subadhMon to
Winchester, IN 47394
sper�tioru aN,wed. Return In a asalsd envelope, in care of
Richmond Sanitary District Mmrd of Commissioners to
Ow acmnkgkraHon bukft at the address above by the
specNed date and time to be cora(dered.
DATE: REPLY MUST BE IN BY., PAYMENT TERMS: DELIVERY REQUIRED:
September 9, 2015 September 22, 2015 by 10:00AM UPON RECEIPT OF INVOICE DELIVERED
DESCRIPTION
This Is a request for quotes on 2015 Storm and Sanitary Sewer Repair Projects. Please see attached
specffications and bid sheet. All E Verify requirements will apply to this quote. Please include a Certificate of
Insurance, which lists the City of Richmond as the certfficate holder.
There will be a pre -quote meeting on September 15, 2015 at 9AM at Richmond Sanitary District
Administration Building, 2380 Liberty Avenue, Richmond, Indiana.
Retum the quote in a sealed envelope addressed to: Richmond Sanitary District
Denise Johnson, Customer Svc Mgr
2380 Liberty Avenue
Richmond, IN 47374
Re: Storm/Sewer Repair Projects
If y.Qu have, Any questions please call Efflah Welch at 765-983-7483.
STATE TAX EXEN1PTI0N d 003121909-001
NAME OF FIRM QUOTING:
Culy contracting. Ibc..
lIONATUnE
iApnt-
TIrLE
9122115 765-584-8509
DATE PHONE NUMBER
EXHIBIT PAGE OF
2015 Storm and Sanitary Sewer Repair Projects
BID SHEET
9484015
Project No. Description
1 Locust Drive Santlary Sewer Manhole Installation
2 Henley Road Culvert Replacement
3 Woodside Drive Storm Sewer Repaacment
4 CSO 002 Bacddlow Preventer Installation
Deduct (if all projects are awarded to one contractor)
Project Price
$ 6,500.00 (Lump Sum)
S 16, 500. 00 (gyp Sum)
$ 30, 500.00 (Lump Sum)
$ 37 , 500. 00 (Lump Sum)
$ 919000.00
S 3,250.00 (bump Sum)
Total Price (if all projects are awarded to one contractor): $ 87,750.00 (Lump Sum)
Note: The Richmond Sanitary District reserves the right to award these projects Individually or as a complete set of four. The
award will be made based on the least expensive combination of quotes. For example, N it Is less expensive to
award project 1 and project 2 to Contractor A and project 3 and project 4 to Contractor B, RSD win
split the award accordingly. On the other hand, N Contractor C can offer a deduct if they are awwded all 4 projects and
that causes their total price to be less than any other combination of Individual project prices, Contractor C will
be awarded a single contract for a all four projects.
have received addendum number(s) 1 , and the prices in this bid reflect these chanSWchuffications.
Contraotor /A
�141
9/22/15
Y Auth Date
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