HomeMy Public PortalAbout013-Sanitary Headworks ImprovemeAGREEMENT
THIS AGREEMENT made and entered into this /D -Aday of Fe. & . , 2004, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its
Sanitary District (hereinafter referred to as the "City") and The Gale Tschuor Co., Inc., 2401 N
Executive Park Drive, Yorktown, IN 47396 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform work in connection with the Headworks Improvement
Proj ect.
A Certain Bid Specifications dated November 3, 2003, has been made available for inspection by
Contractor, is on file in the office of the Richmond Sanitary District, and is hereby incorporated by
reference and made a part of this Agreement. Contractor agrees to abide by the same and shall
perform all work described in the Bid Specifications, including any addendum to such
specifications.
The response of Contractor to said Bid Specifications is attached hereto as Exhibit A, which
Exhibit is dated January 13, 2004, consists of five (5) pages, and is hereby incorporated by
reference, made a part of this Agreement, attached hereto and marked as "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. Contractor
shall complete all work within the "Contract Time" described in paragraph one (1) of Exhibit A.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified. Contractor has inspected the job site and warrants that it is
familiar with all of its natural features and conditions.
No work shall commence until the City is in receipt of any required bonds and certificates of
insurance, and until 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.
SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed One Million Eight Hundred Five Thousand Dollars
($1,805,000.00). Such sum shall be paid within a reasonable time following Contractor's
completion of all work required by this Agreement.
SECTION N. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until 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
Contract No. 13-2004
Page 1 of 5
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 workmanlike manner
its obligations under this Agreement, including but not limited to, all work specified
in the Bid Specifications dated November 3, 2003, and any addendum to such Bid
Specifications;
b. submission by the Contractor to the City of reports or information that is 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 pay a reasonable sum 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 by either the City or the Contractor, in whole or in part,
by mutual Agreement 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 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 $300,000 each occurrence
$300,000 aggregate
Section 2. Property Damage $100,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $300,000 each person
Page 2of5
$300,000 each occurrence
Section 2. Property Damage $100,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 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. 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:
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;
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 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.
Page 3 of 5
SECTION VIII. COMMON CONSTRUCTION WAGE
The Contractor shall pay, and also require any subcontractor to pay wage rates, on the work
covered by this Agreement which shall not be less than the prescribed scale of wages determined
by the City of Richmond in the document titled "Common Wage Determination," which
document is dated April 1, 2003, consists of five (5) pages, is attached hereto, incorporated by
reference, made a part of the Agreement, and marked as "Exhibit B".
SECTION IX. 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 contains 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. Further, both parties expressly agree that this document supersedes any previous
discussion, negotiation, or communication relating to the subject matter in this Agreement.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
relating to 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.
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 burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
Page 4 of 5
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 Commissio
By:
President
Date:
APPROV14�� a6�44�
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
THE GALE TSCHUOR CO., INC.
M 2A,
PAWAR1,04-4
/4-019900- �
Title:_ �//C/F. �.e gl ruT
Date: f 2 - /I nD
Page 5 of 5
PROJECT IDENTIFICATION
THIS BID IS SUBMITTED TO
Headworks Improvements
The Richmond Sanitary District
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
Agreement with OWNER in the form included in the Contract Documents to perform and furnish
all Work as specified or indicated in the Contract Documents for the Contract Price and within the
Contract Time of 365 calendar day and in accordance with the other terms and conditions of the
Contract Documents.
2. Bidder accepts all of the terms and conditions of the Notice to Contractors, Invitation to
Bid and Instructions to Bidders, including without limitation those dealing with the disposition of
Bid security. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid
opening.
3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement and the
Contract Documents:
(a) Bidder has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all which is hereby acknowledged):
Date
One
Number
17-Nov-2003
(b) Bidder has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
(c) Bidder has studied carefully all reports and drawings of subsurface conditions
and drawings of physical conditions, of the extent the technical data contained
in such reports and drawings upon which Bidder is entitled to rely.
(d) Bidder has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests and studies _(in addition to or to supplement those referred to
in (c) above) which pertain to the subsurface or physical conditions at the site or
otherwise may affect the cost, progress, performance or furnishing of the Work
as Bidder considers necessary for the performance or furnishing of the Work at
the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents; and no additional examinations
B-1
i7 PACE 1 —OF.� d
investigations, explorations, tests, reports or similar information or data are or
will be required by Bidder for such purposes.
(e) Bidder has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at
or contiguous to the site and assumes responsibility for the accurate location of
said Underground Facilities. No additional examinations, investigations,
explorations, tests, reports or similar information or data in respect of said
Underground Facilities are or will be required by Bidder in order to perform
and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
(f) Bidder has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and
conditions of the Contract Documents.
(g) Bidder has given ENGINEER 'written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to Bidder.
(h) This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization or corporation;
Bidder has not directly or indirectly induced or solicited any other Bidder to
submit a false or sham Bid; Bidder has not solicited or induced any person,
firm or corporation to refrain from bidding; and Bidder has not sought by
collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
4. Bidder will complete the work, excluding alternate items for the lump sum price shown
below and including the Major Equipment Items as identified on page B-3.
TOTAL LUMP SUM BID: I, %L D, O 00 . CC:,
(Figures)
(W
5. Bidder agrees that the Work will be substantially complete within 320 calendar days
and completed and ready for final payment within 3W callVd�r ys of the date of notice to
proceed. Bidder accepts the provisions in the Agree ent as to rqurdated damages in the event
of failure to complete Work on time.
6. The following documents are attached hereto and made a condition of this Bid:
(a) Completed Forni 96 (Revised 2000)
(b) Required Bid Security
-- PAGE
MAJOR EQUIPMENT ITEMS
1. Bidders shall include in their Lump Sum Contract Price one of the listed Suppliers of
material or equipment and shall circle the Supplier (A, B, or C) included in their Bid. Should
Bidder fail to indicate which Supplier is included in the Lump Sum Contract Price, Bidder
shall furnish Supplier A.
2. A substitute may be offered by Bidder by writing in the name of a proposed Supplier,
in the blank labeled (substitute) and the cost to be deducted from the Lump Sum Contract Price
if the substitute is accepted. When writing in a substitute, Bidder shall also circle the listed
Supplier (A, B, or C) used in preparing their Bid.
Major Equipment Schedule:
Specification
Section
Description of Item
Supplier
Deduct if
Acceptable
Substitute
11323
Grit Removal System
Smith & Loveless
$ N/A.
11327
Grit Washing Equipment
Tru Grit by Parkson Corporatio
$ N/A
11330
Fine Screen Equipment
Parkson Hycor
$ N/A
NO SUBSTITUTES!
I:mcj
0
ALTERNATES
Bidder provides the following additive alternate prices for OWNBR's
consideration:
Alternate 1 — Existing Structural Demolition (Reference Section 01230, Part 3, Section
3.01 A)
(written)
Dollars ($ d )
(figures)
Add Thirty (30) calendar days for Alternate 1.
UNDISTRIBUTED ITEMS
Bidder provides the following unit prices for quantities of additional work, which
may become necessary, for OWNER's consideration:
Undistributed Item 1 - Over Excavation and Fill $ 42.00 / Cy
B-4 A . PAGE V 1' .5_ .
I
SUBMITTED on -January 13 , 2004.
If Bidder is:
An Individual
By. (Seal)
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnershi
By: (Seal)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By: The Gale Tschuor Co., Inc. (Seal)
(Corporation Name)
(Title)
A nda .Jester, Secretary
Business address: 2401 N. Executive Park Drive, P.O. Box 278
Yorktown IN 47396
Phone No.: [7651 759-6280 Fax No.: [7651 759-6293
A Joint Venture
By:_
Address:
(Name)
(Name)
Address:
(Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is
a party to the joint venture should be in the manner indicated above.)
B-5 v �.
CITY; Richmond COUNTY; Wayne
= STATE; INDIANA
We, the undersigned Committee, appointed purmant to (IC) 5-16-7, do fix and determine the
"Common Construction Wage" scales to apply on; City of Richmond; 1,Digester Project Phase
2; 2*rimary Works rehab; 3) Stright Line & Smith
Lane Storm Sewer Improvements; 4) Sylvan
Nook Lift Station; 5) N. W. 13th St Interceptor, 6)
Hartman Ditch Rehab; 7) Sheridan St
Underpass; 8) Headworks Rehab.
(Job Classifications attached)
CLASSIFICATION CLASS
BASE -RATE
FR]NGE.
PER HOUR
BENEFITS
Asbestos Workers Skilled
19.80
5.25
Semi -Skilled
15.84
5.25
Un-Skilled
11.88
5.25
Boilermakers Skilled
24.75 u
7.76
Semi -Skilled
19.80
7.76
Un-Skilled
14.85
7.76
Bricklayers Skilled
22.81
7.43
Semi -Skilled
21.80
7.43
Un-Skilled
11.40
7.43
Carpenters Skilled
19.78
7.13
Semi -Skilled
18-14 -
7.13
Un Skilled
13.61
7.13
Carpet Layers Skilled
22.78
7.13
Semi -Skilled
18.14
7.13
Un-Skilled
13.61
7.13
Cement Masons Sk Med
20.00
6.15
Semi -Skilled
16:00
6.15
Un-Skilled
12.00
6.15
Drywall Installers Skilled
22.78
7.13
Semi -Skilled
18.14
7.13
Un Skilled
13.61
7.13
Dynamite .Men Skilled
16.42
4.54
Electricians Skilled
25.05
8.45
Semi -Skilled
20.04
8.45
Elevator Constructors
Glaziers
Hod Carriers
Iron -workers
Laborers
Millwrights
Mortar Mixers
Operating engineers
Group I
Group H
Group IV
Un-Skilled
15.03
8.45
Skiked
27.07
10.22
Semi -Skilled
18.95
8.95
Un-Skilled
13.54
5.41
Skilled
21.00
3.71
Semi -Skilled
16.80
3.71
Un Skilled
12.60
3.71
Semi -skilled
17.38
530
Skilled
20.14
8.65
Semi -Skilled
16.11
8.65
Un-Skilled
12.08
8.65 '
Skilled
17.88
5.30
Semi -Skilled
17.38
5.30
Un-Skilled
16.88
530
Skilled
21.88
8.28
Semi -Skilled
16.64
8.28
Un Skilled
12.50
828
Skilled
17.38 -
530
91diled
23.55
7.95
Semi Skilled
18.08
7.95
Un-Skilled
13.56
7.95
Skilled
20.60
7.95
Semi -Skilled
17.32
7.95
Un-Skilled,
12.99
7.95
Skilled
19.60
7.95
Semi -Skilled
15.72
7.95
Un-Skilled
11.79
7.95
Slcdled
16-20
7.95
Semi -Skilled
13.29
7.95
Un-Skilled
9.97
795
y
Painters: RollMnish Skilled
Semi -Skilled
Un-Skilled
Spray/Sandblast Skilled
Semi -Skilled
Un-Skilled
' Piledriver Skilled
Semi -Skilled
Un-S1dI1ed
Plumbers & Pipefitters Skilled
' Semi -Skilled
Un-Skilled
Plasterers Skilled
Semi -Skilled
Un Skilled
Pointers/Cleaaers/Caulkers Skilled
Semi -Skilled
Un-Skilled
Roofers Skilled
Semi -Skilled
Un-Skilled
Sheet Metal Workers Skilled
. Semi -Skilled
Un-Skilled
Sound & Communication tech. Skilled -
Semi -Skilled
Un Skilled
Sprinkler Fitters Skilled
Semi -Skilled
Un Skilled
Stone Masons Skilled
Semi -Skilled
Un-Skilled
18.05
3.60
14.44
3.60
10.83
3.60
1855
3.67
14.44
3.67
10.83
3.67
22.78
7.13
18.14
7.13
13.61
7.13
24.15
8.32
1930
8.32
14.47
8.32
20.00 6.15
16.00 6.15
12.00 - 6.15
20.24
6.15
16.19
6.15
12.14
6.15
20.96
6.20
1.8,86
6.20
11.53 _
620
25.22
10.49
20.18
10.49
15.13
10.49
19.55
525
17.63
5.25
11.73
5._5
22.04
5.85
17.63
5.85
13.22
5.85
22.81
7.43
16.59
7.43
12.44
7.43
W
Terrazzo Skilled 26.48 6.27
Semi -Skilled 23.83 627
Un-Skilled 11.92 627
Tile & Marble Setters Skilled 26.13 627
Semi -Skilled 23.51 6.27
Un Skilled 11.75 6.27
Teamsters over 3 ton Skilled 16.80 247.00 r week '
_ per _
Teamsters 3 ton Sc under Skilled 16.80 247.00 per week t
Teamsters/Single Axle Skilled 16.80 247.00 per week
Teamsters/ Tandem Axle Skilled 17.00 247.00 Per week
Teamsters/Tri Axle Skilled 1720 247.00 per week
Teamsters/ Four Axle Skilled 17.25 247.00 per week ,
Teamsters/ Semi Trailers Skilled 17.15 247.00 per week
Trick Driver Mechanics Skilled 17.15 247.00 per. week
Warehousemen Skilled 16.30- 247.00 per week
All Apprentices As approved by U.S. Dept. Of Labor —Bureau of
Apprenticeship & Training
Other hourly Compensations may consist of Employee Fringe Benefits purchased by the employer
such as Health Insurance, Pension Benefits, Apprenticeship Training and ETC. Or the equivalent
amount may be employee's hourly wage.
Stipulation as to the employment of apprentices: Apprentices will be permitted to work at less
than the pre -determined rate for the classification of work they perform when they are employed
pursuant to and -individually registered in a BONA -FIDE APPREN"1'ICESHIP program registered
with the U.S. Department. of Labor, Bureau of Apprenticeship and Training. Their wage rate will ._
be their individual warranted percentage of the hemin listed skilled classification prevailing wage
rate. Apprentices shall be permitted to work only as the ratio to journeymen in the apprenticeship
program standards State.
Absence of wage determination for the class of Semi -Skilled - workers in a
ag and Un Skilled
particular classification is the result of the -committee's de#ezmination that the prevailing practice
in immediate locality is no to use Semi -Skilled or Un-Skilled workers in that classification. on '
construction sites.
The attached Job Classification Document, Statewide classification and description
determining rates for building construction. Completely describes each job Classification which is
contained on this Scale. This Document is the only reference which is applicable to determining
the job Classification on an individual worker and must be referred to when assigning a
classification to a worker.
REPRESENTING THE GOVERNOR OF INDIANA
T R. SENTING AWARDING AGENCY
TAXPAYER;REP E i G COUNTY CONEVHSSIONERS;
REPRESENTING THE AWARDING AGENCY & INDUSTRY;
REPRESENTING THE INDIANA STATE AFL-CIO;
Dated this I ST . Day of April 2003