HomeMy Public PortalAbout121-2016 - Fire - Smarrelli General Contractors - Training Facility Improvements. ' t
AGREEMENT
THIS AGREEMENT made and entered into this day of ��` , 2016, and referred
to as Contract No. 121-2016 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 Smarrelli General Contractor's, Inc., 136 South 211d Street, Richmond, Indiana,
47375 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform services in connection with improvements to the Fire
Department Training Facility, which improvements include the removal of topsoil and
installation of building pads, drive aprons, stone and crushed stone fill, sidewalks, and piers, as
more specifically set forth in the bid sheet for the Richmond Fire Department (the "Project").
Bid Specifications dated September 19, 2016, have been made available for inspection by
Contractor, are on file in the office of the Director of Purchasing for the City of Richmond and
the office of the Chief of the Fire Department, and are 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 Responses dated September 28, 2016, is attached
hereto as Exhibit A, which Exhibit consists of two (2) pages, and is also hereby 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.
The Contractor shall furnish all labor, material, equipment, and services necessary which are
incidental to 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 and/or
warranties;
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 all rov den at its own expense, r and is not compet competent supeemployee or rvision
t of
the City of Richmond. The Contract p
of the work.
Contract No.121-2016
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed the total amount of Thirty-one Thousand Nine
Hundred Five Dollars and Zero Cents ($31,905.00) for complete and satisfactory performance of
the work required hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until the completion of the project, which completion shall be on or before November 24, 2016.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving ermtleast
nation which shallgdays written include but nottice be limitedplto the
the
effective date and the reasons for
following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
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, 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
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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
D. Comprehensive Auto 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
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $2,000,000 each aggregate000,000 each e
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 1NDIANA 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
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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.
SECTION IX. 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 X. 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
r performy against the work toycitizen of the State of
which the employment
Indiana who is qualified and available to p
relates;
2. That Contractor, any sub -contractor, or any person acting 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;
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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 monies
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. Both City and Contractor agree to comply with all applicable Americans with Disability
Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements.
D. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION XI. 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. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
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.
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 suit arising
under this Contract, if any, 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 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 due to the enforcement of
this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit
is filed.
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In the event that an ambiguity or 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
Y
Vicki Robinson, President
By:
Richard Foore, Member
Anthony L. Foster, II, Member
Date:
APPROVED: l �-
now,
Date: to- z I - / i
"CONTRACTOR"
Smarrelli General Contractor's, Inc.
136 South 2nd Street
Richmond, IN 47375
By:
Printed:�F Q r�Al t -
Title:
Date: \-0 lalw,
Page 6 of 6
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Item- No. Description Qty Units Unit Price Qtyrrice
` ' �l/ ��~J/
� nsMOVE rromo4_STOCKPILE owsncFOR REUSE ��/�c' ~- /
z' BUILDING PAD; CLASS "A"w/6xa'1o/zoWIRE MESH; a^ 26-6z0 sv
a onwcAPnom�cuS»^A"w/�o 1o/1owonsMESH; a" 112.00 sv ~�
-------'
4 - wzoSTONE FILL 298.00 Tows .°~—
s osaCRUSHED STONE FILL 199.00 rnws
-------- -------------
* SIDEWALK; CLASS ^A^w/axn 1o/zoWIRE MESH; 4" 14u0 sY
/ nens 11.00 EA
TOTAL: go
cowTnAcTnn:
' DATE SIGNED:
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CITY OF RICHMOND
50 North Fifth Street
Py
Richmond, Indiana 47374
(765) 983-7200
PRICE REQUEST
THIS IS NOT AN ORDER
VENDOR INSTRUCTIONS
This is a request for a price or quote for the services or
materials described below. Any additional
specifications may be attached hereto. This is not an
order and the City reserves the right to accept all or
part, or decline the entire proposal. Please complete
your full name, address, and phone number below with
signature; itemize all prices and charges where
requested; and attach explanation for any substitution to
specifications altered. Please return in care of
Purchasing to the address above by the specified date
and time to be considered unless otherwise specified.
DATE
Sept. 19, 2016
REPLY MUST BE IN
Sept. 29 2016 by 4:59 p.m.
DELIVERY REQUIRED
DEL[VERED
PAYMENT TERMS
UPON RECEIPT OF INVOICE
QUANTITY CATALOG NO.
DESCRIPTION
UNIT PRICE
TOTAL
Training Facility Improvements
(see attached)
Please include a current certificate of
insurance, naming the City of Rich-
holder, with
mond as the certificate
your bid.
Bids must be enclosed in a sealed
envelope with the project name on
the outside.
Pre -bid meeting -Sept. 21 at 9:00 a.m.
at the site,1740 South 8th Street.
PRICE REQUEST
BY
VICKI ROBINSON
PURCHASING DIRECTOR
NAMi 7fyllFll�9�/ U 1 I>N/.f/Cl/N
BY
- AUTHO B
Bids are to be mailed or brought to the
Purchasing Department in the Richmond D.
Municipal Building sift 50 North nth ` lr� •�•
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