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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