The URL can be used to link to this page

Home My Public Portal About058-Sidewalk Reh West Main StSIDEWALK REHABILITATION AGREEMENT THIS AGREEMENT made and entered into this 20 day of between the City of Richmond, Indiana, a municipal corporation acting by and through it Board of Public Works and Safety (hereinafter referred to as the "City') Construction, 10138 W County Road 1050 South, LosantvieIndiana 473and RogerB54 owlin (hereiinnafteBrrewlin ferred to as the "Contractor'). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to replace the sidewalks, curbs, curb ramps and driveways on West Main Street from NW 5t' Street to NW 11 th Street. A certain Bid Specifications, dated April 22, 2004, has been made available for inspection b Contractor, is on file in the office of the Director of Purchasing for the City, and is hereby y incorporated by reference, made a part of this Agreement. Contractor shall perform all work in a manner conforming with the requirements outlined in the Bid Specifications. Contractor's response to said Bid Specifications dated May 13, 2004, which consists of one (1) page, is attached hereto as "Exhibit A," incorporated by reference and made a part of this Agreement. 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, and services necessary for any incident to the proper completion of all work specified. al 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 work. own expense, competent supervision of the SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Two Hundred Nine Hundred Thirty-five Dollars ($297,735.00) for complete and satisfactotY perfo Thousand Seven required hereunder. ry performance of the work SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effectt completion of the project. until Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in per, for cause, at any time by giving at least five (5) working days written notice specifying thelo 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 described in the Bid Specifications; Page 1 of 4 Contract No. 58-2004 b. submission by the Contractor to the City of reports that are 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 make payment 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. A. C 0 E. Coverage Limits Worker's Compensation & Statutory Disability Requirements Employer's Liability $100,000 Comprehensive General Liability Section 1. Bodily Injury $300,000 each occurrence $300,000 aggregate Section 2. Property Damage $100,000 each occurrence Comprehensive Auto Liability Section 1. Bodily Injury $300,000 each person $300,000 each occurrence Section 2. Property Damage $100,000 each occurrence Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate Page 2 of 4 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. 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 VIII. 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 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 IX. MISCELLANEOUS Page 3 of 4 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, relating to the subject matter herein, 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 and venue 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 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: Johnny, Presid /Kenent Date: (Q ! ( /0 q APPROVED. / /` '1�� Sarah L. Hutt n, Mayor Date: io "CONTRACTOR" ROGER BOWLIN D/B/A BOWLIN CONSTRUCTION By: Roger Bowlin Date: 6 / ~ 0 Page 4 of 4 4"' �Ic) 1J, L,,, ( NV West Main Street 5ch to .10ch Street Rehabilitation Project Bid Sheet Item Description Estimated Quantity Unit Price Total 1. Mobilization 1 LS 1200.0 2. Traffic Control 1 EA Z600, oy �r 3. Sidewalk (4") 2,529 SY y� pO io G o 4. Straight Face Curb . 250 LF 00 5. Curb Ramp Type "A" 14 EA 160,00 6. Curb Ramp Type "B" 4 EA W 0• 00 yr Ocv . oa 7. Adjust Inlet Height 13 EA 325,po y :� z5. co 8. Residential Driveway (6") 469 SY 5-0 00 .2 9. Commercial Driveway (8'� 267 SY '010,60 16 o2G.o� 10. Curb/Gutter 3,694 LF 2 5. OD a _ ; 5 o . 11. Brass Street Names Re -install 6 EA 30, v D 4 U . oo in Sidewalk BASE BID ....................................... 2 1, y. 2 35 . 00 Alternate #1 West Main —10`h to 11`h 13. Curb/Gutter 564 LF I Y / oo . 0 0 14. Sidewalk (4'� 385 SY i0 V oo . 00 15. Curb Ramp Type "A" 4 EA 0 00, o Orr) . a ALTERNATE #1 BID ............................. 3 3, 5 0o, oo EXHIBITS PAGES -- ( 2; `� `�