HomeMy Public PortalAbout063-2016 - Metro - Environmental Demolition Group LLC - Asbestos AbatementAGREEMENT
THIS AGREEMENT made and entered into this day of 4)e- , 2016, and
referred to as Contract No. 63-2016 by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Public Works and Safety
(hereinafter referred to as the "City") and Environmental Demolition Group, LLC, 3520
Turfway Road, Erlanger, KY 41018 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with asbestos abatement for
five (5) properties located in Richmond, Indiana, for the Richmond Blight Elimination
Program (Round 2, Group A) Project (the "Project"), per Indiana Housing and Community
Development ("IHCDA") Guidelines, which services are more specifically set forth in the
Notice to bidders. The structures are as follows:
Round 2; Group A:
107 North 121h Street $5,750.00
322 North 12th Street $2,100.00
341 South 10t' Street $3,300.00
439 South 71h Street $2,225.00
22 North 20`h Street $2,795.00
TOTAL: $16,170.00
A request for quotes, dated May 24, 2016, including all addendums, has been made available
for inspection by Contractor, is on file in the office of the Director of the Department of
Metropolitan Development, 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, consisting of three (3) pages, dated
June 3, 2016, is attached hereto as Exhibit A, which Exhibit is incorporated by reference and
made a part of this Agreement. Contractor agrees to abide by the same.
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.
Contract No. 63-2016
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The Contractor shall furnish all labor, material, equipment, and services 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;
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.
SECTION III.CONDENSATION
City shall pay Contractor a sum not to exceed Sixteen Thousand One Hundred Seventy
Dollars and Zero Cents ($16,170.00) for satisfactory completion of the Project.
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective when signed by all parties and shall continue in effect until
completion of the BEP project, which completion shall be within thirty days from the date of
the Purchase Order.
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
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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 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
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
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D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$2,000,000 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 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 affirming that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to 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.
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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. ADDITIONAL PROGRAM PROVISIONS
The City of Richmond is entering into this Agreement with Contractor with the
understanding that City has been or will be allocated certain funding from the Indiana
Housing and Community Development Authority ("IHCDA") in order that the City can
participate in the IHCDA's Blight Elimination Program (`BEP"). As a result, the following
provisions as applicable to City as the "Program Recipient" and/or as applicable to
Contractor are set forth in this Section. Contractor agrees that in the event the IHCDA
notifies the City and submits any additional applicable laws, statutes, or guidelines applicable
to this Agreement under IHCDA's Program Guidelines for BEP, said additional provisions
shall be attached to this Agreement as an Addendum and executed by the parties.
A. The Recipient shall carry out the Project in accordance with the conflict of interest
provisions prescribed in 24 CFR 92.356(f).
B. The Recipient and Contractor and any principals of the Recipient and Contractor
certify that (A) it, except for de minimis and nonsystematic violations, has not
violated the terms of (i) IC 24-4.7 (Telephone Solicitation Of Consumers), (ii) IC 24-
5-12 (Telephone Solicitations), or (iii) IC 24-5-14 (Regulation of Automatic Dialing
Machines) in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is
preempted by Federal law; and (B) it will not violate the terms of IC 24-4.7 for the
duration of this Agreement, even if IC 24-4.7 is preempted by Federal law.
C. The Recipient and Contractor and any principals of the Recipient and Contractor
certify that an affiliate or principal of the it and any agent acting on behalf of the it or
on behalf of an affiliate or principal of the Recipient (A) except for de minimis and
nonsystematic violations, has not violated the terms of IC 24-4.7 in the previous three
hundred sixty-five (365) days, even if IC 24-4.7 is preempted by Federal law; and (B)
will not violate the terms of IC 24-4.7 for the duration of this Agreement, even if
IC 24-4.7 is preempted by Federal law.
D. Meaningful Access for Limited English Proficient Persons. Persons who, as a result
of national origin, do not speak English as their primary language and who have
limited ability to speak, read, write, or understand English ("limited English proficient
persons" or "LEP") may be entitled to language assistance under Title VI of the Civil
Rights Act of 1964 ("Title VI") in order to receive a particular service, benefit, or
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encounter. In accordance with Title VI and its implementing regulations, the
Recipient and Contractor agree to take reasonable steps to ensure meaningful access
to activities funded with BEP Funds by LEP persons. Any of the following actions
could constitute "reasonable steps", depending on the circumstances: acquiring
translators to translate vital documents, advertisements, or notices, acquiring
interpreters for face to face interviews with LEP persons, placing advertisements and
notices in newspapers that serve LEP persons, partnering with other organizations that
serve LEP populations to provide interpretation, translation, or dissemination of
information regarding the project, hiring bilingual employees or volunteers for
outreach and intake activities, contracting with a telephone line interpreter service,
etc.
E. Lobbying Activities. Pursuant to 5 U.S.C. § 1502 and 31 U.S.C. § 1352, as amended
from time to time , and any regulations promulgated thereunder, the Recipient and
Contractor hereby certify that no Federally appropriated funds have been paid or will
be paid by or on behalf of the Recipient or Contractor to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of Congress, in
connection with the awarding of any Federal contract, the making of any Federal
award, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment to, or modification
of any Federal contract, award, loan, or cooperative agreement. If any funds other
than Federally appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a
member of Congress, the Recipient and/or Contractor shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying".
F. Non -Discrimination Clause. Pursuant to the Indiana Civil Rights Law, specifically
including Indiana Code § 22-9-1-10, and in keeping with the purposes of the federal
Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the
American with Disabilities Act, the Recipient and Contractor covenant that they shall
not discriminate against any employee or applicant for employment relating to this
Agreement with respect to hire, tenure, terms, conditions or privileges of employment
or any matter directly or indirectly related to employment because of the employee or
applicant's race, age, color, religion, sex, disability, national origin, ancestry, or status
as a veteran, or any other characteristic protected by federal, state, or local law
("Protected Characteristics"). Furthermore, the Recipient and Contractor certify
compliance with applicable federal laws, regulations, and executive orders prohibiting
discrimination based on the Protected Characteristics in the provision of services.
Recipient and Contractor understand that IHCDA is a recipient of federal funds, and
therefore, where applicable, the Recipient, Contractor and subcontractors of both
agree to comply with requisite affirmative action requirements, including reporting
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pursuant to 41 C.F.R. Chapter 60, as amended and Section 202 of Executive Order
11246.
G. Maintaining a Drug -Free Workplace (Executive Order No. 90-5). Pursuant to
Executive Order No. 90-5, April 12, 1994, issued by Governor Evan Bayh, the
Indiana Department of Administration requires the inclusion of this certification in all
contracts with and grants from the State of Indiana in excess of $25,000. No award of
a contract or grant shall be made, and no contract, purchase order or agreement, the
total of which amount exceeds $25,000, shall be valid unless and until this
certification has been fully executed by the Recipient and Contractor and attached to
the contract or agreement as part of the contract documents. False certification or
violation of the certification may result in sanctions including, but not limited to,
suspension of contract payments, termination of the contract payments, termination of
the contract or agreement and/or debarment of contracting opportunities with the
State for up to three (3) years.
The Recipient and Contractor certify and agree that each will provide a drug -free
workplace by:
1. Publishing and providing to all of its employees a statement notifying
employees that the unlawful manufacture, distribution, dispensing, possession or use
of a controlled substance is prohibited in the Recipient's and Contractor's workplaces
and specifying the actions that will be taken against employees for violations of such
prohibition; and
2. Establishing a drug -free awareness program to inform employees about
(1) the dangers of drug abuse in the workplace; (2) the Recipient's and Contractor's
policies of maintaining a drug -free workplace; (3) any available drug counseling,
rehabilitation, and employee assistance programs; and (4) the penalties that may be
imposed upon an employee for drug abuse violation occurring in the workplace;
3. Notifying all employees in the statement required by subparagraph (a)
above that as a condition of continued employment the employee will (1) abide by the
terms of the statement; and (2) notify the employer of any criminal drug use
conviction for a violation occurring in the workplace no later than five (5) days after
such a conviction;
4. Notifying in writing the contracting State Agency and the Indiana
Department of Administration within ten (10) days after receiving notice from an
employee under subdivision (c)-(2) above, or otherwise receiving actual notice of a
conviction;
5. Within thirty (30) days after receiving notice under subdivision (c)-(2)
above of a conviction, imposing the following sanctions or remedial measures on any
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employee who is convicted of drug abuse violations occurring in the workplace: (1)
take appropriate personnel action against the employee, up to and including
termination; or (2) require such employee to satisfactorily participate in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal, State or
local health, law enforcement, or other appropriate agency; and
6. Making a good faith effort to maintain a drug -free workplace through
the implementation of subparagraphs (a) through (e) above.
SECTION M. 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 for negligence which may arise in the course of
Contractor's performance of its obligations pursuant to this Agreement.
SECTION XII. 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.
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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: � t%� ' �� ';� f-1
Vicki Robinson, President
Richard Foore, Member
"CONTRACTOR"
ENVIRONMENTAL DEMOLITION
GROUP LLC
3520 Turfway Road
Erlanger, KY 41018
By:
Printed: Shawn McGinness
B Title: President
4Anthonj Foster,•
Date: I I , ( (c,
Date: 06/23/2016
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GB Property Addresses:
1. 400 South 13`h Street (Pipe wrap + exterior siding)
GC Property Addresses:
1. 818 North H St (Exterior siding)
GD Property Addresses:
1. 806 North 13t' St (Exterior siding)
GE Property Addresses:
1. 811 South F St (Pipe wrap)
Publish date 5/26/2016 and 6/2/2016
ROUND 1 PROPOSAL (BID)
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials,
equipment, service and other necessary supplies, and to perform and fulfill all obligations incident
thereto in strict accordance with and within the time(s) provided by the terms and conditions of the
Contract Documents for the above described Work and Project, including any and all addenda thereto,
for the total sum as follows:
1. 514 South 11 m Street
2. 228 South 8t' Street
$ 5,450.00
$ 1,800.00
For the total lump sum of Seven Thousand Two Hundred Fifty dollars ($ 7,250.00 ).
EXHIBIT �f FAGE OFML
GC PROPOSAL (BID)
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials,
equipment, service and other necessary supplies, and to perform and fulfill all obligations incident
thereto in strict accordance with and within the time(s) provided by the terms and conditions of the
Contract Documents for the above described Work and Project, including any and all addenda thereto,
for the total sum as follows:
1. 818 North H Street
$ 5,995.00
For the total lump sum of Five Thousand Nine Hundred Ninety Five dollars ($ 5, 995.00
GD PROPOSAL (BID)
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials,
equipment, service and other necessary supplies; and to perform and fulfill all obligations incident
thereto in strict accordance with and within the time(s) provided by the terms and conditions of the
Contract Documents for the above described Work and Project, including any and all addenda thereto,
for the total sum as follows:
1. 806 North 13th Street
$ 4,500.00
For the total lump sum of Four Thousand Five Hundred dollars ($ 4, 500.00
GE PROPOSAL (BID)
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials,
equipment, service and other necessary supplies, and to perform and fulfill all obligations incident
thereto in strict accordance with and within the time(s) provided by the terms and conditions of the
Contract Documents for the above described Work and Project, including any and all addenda thereto,
for the total sum as follows:
l . 811 South F Street $ 2,250.00
For the total lump sum of Two Thousand Two Hundred Fifty dollars ($ 2, 250. 00 )
ROUND 2 GA PROPOSAL (BID)
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials,
equipment, service and other necessary supplies, and to perform and fulfill all obligations incident
thereto in strict accordance with and within the time(s) provided by the terms and conditions of the
Contract Documents for the above described Work and Project, including any and all addenda thereto,
for the total sum as follows:
1.
107 North 12' Street
2.
208-210 South 10'h Street
3.
322 North 121" Street
4.
341 South 10' Street
S.
439 South 71' Street
6.
22 North 20u' Street
$ 5,750.00
$ NO BID
$ 2,100.00
$ 3,300.00
$ 2,225.00
$ 2,795.00
For the total lump sum of Sixteen Thousand One Hundred Seveny dollars ($16,170. 00).
GB PROPOSAL (BID)
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials,
equipment, service and other necessary supplies, and to perform and fulfill all obligations incident
thereto in strict accordance with and within the time(s) provided by the terms and conditions of the
Contract Documents for the above described Work and Project, including any and all addenda thereto,
for the total sum as follows:
1. 400 South 13'' Street
$ 6,995.00
For the total lump sum of Six Thousand Nine Hundred Ninety Fivedollars ($ 6,995.00 ),
Our Mission
"The Mission of the City of Richmond Department of Metropolitan Development is to encourage and assist
planned growth, safe construction and quality of life improvements for the citizens of Richmond through
innovation, partnerships and quality customer service based on the recommendations of the Richmond
Comprehensive Plan and guidelines established in the Richmond Code and adopted building rules, codes and
standards. "