HomeMy Public PortalAbout061-Sidewalk Reh So 5 & So ASIDEWALK REHABILITATION AGREEMENT
THIS AGREEMENT made and entered into this
between the City of Richmond, Indiana, a municipcorporation acti
Public Works and Safe� , 2004, by and
21 East Ridgeway �' (hereinafter referred to as the Ci acting by and through its Board of
g y Road, Centerville, Ohio 45459 (hereinafter referred d to as the "Contractor').
Company, Y, Inc.,
SECTION I. STATEMENT actor").
AND SUBJECT OF WOE{
City hereby reta
`�' ins Contractor to replace the sidewalks, curbs, curb ra
5Street from South "A" Street to South "C" Street.
mps and driveways on South
A certain Bid Specifications, dated May Contractor, is on file in the office of the Director of Purchasing for the Y 1, 2004, has been made available for inspection by
incorporated by reference
manneracedbyre, made a part of this Agreement.e City, and is hereby
conforming with the requirements outlied n the Bid Specifications. Contractor shall e Contra1l work in a
to said Bid Specifications dated May 20 to
A," incorporated y , 2004, which consists of two 2 ached response
rporated by reference and made a part of this A
( )pages, is attached hereto as
Should an Agreement.
y provisions, terms, or conditions contained in an
Exhibits, or in any of the documents incorporated contained
reference here'
provisions, terms, or conditions of this A y of the documents attached hereto as
Agreement, this A herein, conflict with any of the
The Contractor shall furnish all labor, Agreement shall be controlling.
to the proper completion of all work specified) Contractor herebyw
equipment, and services necessary for any incidental
and materials supplied, pursuant to this Agreement, arrants that all work performed
than two 2on shall be free from defects for a period of no less
( )years following the date of completion of the project.
No work shall commence until the City is in receipt of any required
insurance, and until a purchase order has been issued STATUS by the Purcha bonds and certificates of
SECTION II. sing Department.
OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is
City of Richmond. The Contractor shall provide, at its own expense, work. not an employee or agent of the
P e, competent supervision of the
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Eighty-seven
complete and ceedacto ty-seven Thousand Four H Forty-
seven Dollars ($87,447,00) for
hereunder. satisfactory performance of the work requiredorty
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when Signed completion of the project. by all parties and shall continue in effect until
Notwithstanding the term of this A
for cause, at any time b Agreement, City may terminate this A
effective date and the r agons for terminatioleas five n, which shald� s Agreement in whole or in part,
following: working Y written notice specifying the
a, failure, for any reason of the Contractor 1 include, but not be limited to, the
r to fulfill in a timely and workmanlike manner its
Page 1 of 5 Contract No. 61-2004
obligations under this work de Agreement, including but not limited to, all
Specifications; scribed in the Bid
b• submission by the Contractor to the y of reports that are incorrect
material respect; City or incomplete in any
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
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination
Prior to the effective date b ' the City shall be required to make a y Contractor, but shall be relieved of an other responsibility ibility performed
This A y P ty herein.
Agreement may also be terminated by either the City or the Contractor, in who)
mutual Agreement setting forth the reasons for such termination, the effective
partial termination, the portion to be terminated. e i in part, by
e
e date, and in the case of
SECTION V. INDEMNIFICATION
AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for an
property or any other claims which may arise from the Contractor's conduct t or or in
Agreement, either intentionally or negligent) ��' to Person or
Agreement shall be construed as rendering the Contractor liable for acts r performance of this
y; provided, however, that nothing or
in this
agents, or employees. Contractor shall as a prerequisite to this A
maintain such insurance as will protect it from the claims set forth of the City, its officers,
result from the Contractor's operations under this Agreement �,eement, purchase and thereafter
Contractor or by any sub -contractors or by anyone directl below which may arise out of or
hether such operations by the
by anyone for whose acts the Contractor may be held responsible.
y or indirectly employed by any of them, or
n
C.
Le
Cov�age
Worker's Compensation &
Lets
Disability Requirements
Statutory
Employer's Liability
Comprehensive General Liability
$100,000
Section 1. Bodily Injury
$300,000 each occurrence
$300,000 aggregate
Section 2. Property Damage Comprehensive Auto Liability
$100,000 each occurrence
Section I. Bodily Injury
$300,000 each person
$300,000 each occurrence
Page 2 of 5
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
before commencing work under this Agreement,
certificate from the industrial board showng that the Contractor has compliedpahon law, and shall,
P City a certificate of insurance, or a
Sections 22-3.2_5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer subject to another state's worker's compensation law, Contractor p with Indiana Code
Provisions of its home worker's
worker's compensation law and provide Ployer and therefore
compliance in lieu of complying with the provisions of then may choose to comply with all
P e the City proof of sasuch
Indiana Worker's Compensation Law.
SECTION VII. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officer
Of the same from all liability which may arise in the course of Contractor's Performance obligations pursuant to this Agreement. s, employees, is agents
p formance of its
SECTION VIII. PROHIBITION AGAINST DISCRIMINATION
A.
Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or an
behalf of Contractor or any sub -contractor shall not discriminate against an
applicant for employment Y person acting on
to hire, tenure, terms, toment be or Pemprivied in the leges eges of emperformance of this Agreement,
employee s
indirectly related to employment, because of race, religion, color, sex greement, with respect
P Yment or any matter directly or
origin, or ancestry. , disability, national
Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1 That in the hiring of employees for the performance of work under
any subcontract hereunder, Contractor, any subcontractor, or an
behalf of Contractor or any sub -contractor, shall not discri this Agreement of
religion, color, sex, national origin or antes a Person acting c
Indiana who is qualified national
and available to Perform mmate by reason e race,
try against any citizen of the State of
relates; P rm the work to which the employment
P Yment
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 an
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry; Y
3.
That there may be deducted from the amount payable to Contractor by the
City this Agreement, a penal
day durrn Penalty of five dollars ($5.00) for each person for each calendar
under
g which such person was discriminated against or intimidated in violation
of the provisions of the Agreement; and
Page 3 of 5
4. That this Agreement may be canceled or terminated by the City and all money
to become due hereunder may be forfeited, for a second or any subsequent violationn r
of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimi
intimidation shall be considered a material breach of this Agreement. nation or
SECTION IX. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assi or
rights or obligations hereunder without the prior written consent of the otherparty.
delegation or assi , � delegate any of its
This Agreement shall betc nitrolled by and iPrior n thout the -itten consent of
accordi the otherparty, ` e n such
upon the parties, their successors and assi a shall be null and void.
between the parties, relating to the subject matter herein al according to Indiana law and shall be binding
assigns. This document constitutes the entire Agreement
whole or in part at any time by filing with the Agreement a written instrument
though it may be altered or amended in
changes signed by both parties. B setting forth such
supersedes any previous discussion, negotiation to or s Agreement the Parties
t agree that this document
contained herein. g e subject matter
This Agreement may be simultaneously executed in several counterparts, each
original and all of which shall constitute but one and the same instrument.
Of which shall be an
The parties hereto submit to jurisdiction and venue of the courts of Wayne Cou
suit arising out of this Contract must be filed in said courts. The parties specifically
arbitration or mediation shall be required prior s the commencement of le ntll Indiana, and any
Courts. By executing this Agreement, Contractor is estopped from bring,
ly agree that no
in any alternative forum, venue, or in front of any other tribunal c gal proceedings in said
er
than the Circuit or Superior Courts of Waynegmg suit or any other action
have to bring such suit in front of other tribunals County, other Indiana, regardless ro administrative any rightContractorhma
venues.
Y
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
arises, this Agreement shall be construed as if drafted jointly by the
burden of proof shall arise favoring or disfavorin an this Agreement
Parties, and no presumption or
provisions of this Agreement. g y party by virtue of the authorship of any of the
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 Public Works and Safety
By: p
John Kenny, President
Date:
/J A
APPROVED ':
_Sarah L. Hutton, Mayor
Date:
Page 5 of 5
"CONTRACTOR"TdM CONSTRUCTIONCOMPANY, INC
By
Title: _
Date:
4
I'Mcrfbed by State boanf of Accounts
Boyce Forms . Systems, Muncie, IN 1240
CONTRACTORS BID FOR PUBLIC WORKS
PART I
(To be completed for all bids)
(Please type or print)
Date: S - / / • o y
1. Governmental Unit (Owner): C.TT ?' p jC J.Xc.NA9 o.V
2. County: - NI�
3. Bidder (Firm): / e41
Address: toZ ! f IT OvfwA y l�.,qO
City/State:
Y 1YXI9
4. Telephone Number:f-
5. Agent of Bidder (if applicable):
Form No. 96 (Revised 2000)
Pursuant to notices given, the undersigned offers to furnish labor and/or material
X. �T s °`�► f7-��ET necessary to complete the
public works project of
(Governmental Unit) in accordance with a HA�rCrr 7r'o ;OF
plans ands�S��T
p ifications prepared by «'T7 of
and dated y a7o? - � `�
dro'"` �� `,e f, for the sum of
The undersigned further agrees to furnish a bond or certified check with �, y� v c
mount specified in the
notice of the letting. If alternative bids apply, this"
psp the undersigned submits a Proposal ogeach r an an accordance with the
notice. Any addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units
shown in the original contract if accepted by the Governmental Unit. If the bid is to be awarded on a unit basis,
the itemization of the units shall be shown on a separate attachmentmust be the same as that
.
The Contractor and his subcontractors, if an
applicant for employment, to be employed in the performance of this contract, with re
y, shall not discriminate against or intimidate any employee, or
or indirectly related to employment because of race, religion, color, sex, national Origin
covenant may be regarded as a material breach of the contract. respect to any matter directly
or ancestry. Breach of this
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS
l
I, the undersigned bidder or agent as a contractor al
o pa Public works
to use steel products made in the United States. I.C. 5-16-8-2. 1 hereby certify that I and
all subcontractors employe
by me for this project will use U.S. steel products on this project if project, understand my statutory obligation
may result in forfeiture of contractual payments. awarded. I understand that violations hereundetl
South 5t' Street
"A" to "C" Street
Rehabilitation Project
Base Bid Bid Seet
Item !esc�
tionSouSt�" Estimated Ou— anfity Unit Price
A to "C" Street --_ Total
1 • Mobilization
1 LS D�, Q-'— `
2. Sidewalk (4'') ------
670 SY
3. Sidewalk (6") too. �
70 SY
4. Curb Ram ��— —�_�
p Type A 7 EA 1jCp, � ��- ,, rn
5• Adjust Inlet Height g
3 EA Oo_ (vim f
)
6. Residential Driveway (6,,- �
15 SY
7- Commercial Driveway
8. Curb/Gutter �— -- CO,
1,278 LF O
9• Brass Street Names Re -install 4 EA ` in Sidewalk
10. 6„
Monolithic Curb/Walk 23 SY
11. Asphalt #5 Base
(Driveway) S TON
12. Asphalt #11 Surface
(Driveway) 5 TON _ , o +5D.PD
BASE BID S� + ' q
C>`1 .
Contractor Name
Date
Ion 1