HomeMy Public PortalAbout043-2017 - Sanitation - Beales and Moore - Survey work at LandfilAGREEMENT
THIS AGREEMENT made and entered into this day of March, 2017, by and between the
City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary
Commissioners (hereinafter referred to as the "City") and Beals -Moore & Associates, Inc., 122
South 8'' Street, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for surveying and on -call services, which shall include the
completion, by March 31, 2017, of a topographic survey using industry accepted standard
techniques; creation of AutoCAD surface and contours based on new survey; calculation of
volume of airspace consumed within solid waste boundaries using AutoCAD function comparing
the new surface and last year's surface; update of Annual Contour and AutoCAD and file for
submission to IDEM; and on -call surveying as required for landfill operations, including staking,
et cet., for a period ending December 31, 2017.
A Request for Proposal has been made available for inspection by Contractor, is on file in the
office of the Department of Sanitation for the City of Richmond, consisting of five (5) typewritten
pages, which is attached hereto and incorporated by reference herein as Exhibit "A".
The response of Contractor to said Request for Proposal, consisting of two (2) typewritten pages,
is attached hereto and incorporated herein by reference as Exhibit "B".
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 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 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.
Contract No. 43-2017
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor at the rates indicated in Exhibit "B" in an amount not to exceed Six
Thousand One Hundred Dollars and No Cents ($6,100.00) for work associated with landfill
contour updates, and an amount not to exceed Six Thousand Seven Hundred Fifty Dollars and No
Cents ($6,750.00) for work associated with on -call services, as set forth in Exhibit `B", and
attached with this Agreement, for a total amount to be paid to Contractor not to exceed Twelve
Thousand Eight Hundred Fifty Dollars and No Cents ($12,850).
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall continue
in effect to and including December 31, 2017, unless the parties extend this Agreement by a
written and signed Addendum.
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
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.
Page 2 of 6
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability (if applicable)
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 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 INDIANA 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
Page 3 of 6
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages.
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;
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.
Page 4 of 6
SECTION X. 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 XI. 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.
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.
Page 5 of 6
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 Sanitary Commissioners
By:
Sue Miller, President
By: Q�—
Aman ice -President
By:
�e liens, Member
Date:
.�- i -/7
APPROVED:
avid M. Sno Ma
City of Richm nd, Indiana
Date: 0 3- Z Z l
"CONTRACTOR"
BEALS-MOORE &
ASSOCIATES, INC.
By: CTM
Printed: Gordon Moore
Title: President
Date: z4� zd�,�k zq` /
Page 6 of 6
�o a DAVE SNOW
u o
Mayor
WILLIAM N. HARRIS
Director
CITY OF RICHMOND
DEPARTMENT OF SANITATION
2380 LIBERTY AVENUE.RICHMOND, INDIANA 47374
PHONE (765) 983-7450•FAX (765) 962-2669
February 17, 2017
Beals -Moore & Associates, INC.
122 S. 8"' Street
Richmond, IN 47374
Re: Request for Proposal
New Paris Pike Landfill On -call Surveyor
The Richmond Sanitary District has been pleased with the services we have been provided by
your company through Contract 20-2016. We wish to have you provide pricing for similar
services which would be considered for a new contract for the calendar year 2017. The new
contract would be for one year. The attached RFP details the requirements for this work.
In addition to this, we will require insurance in the amounts listed on the attached sheet and a
new signed E-verify affidavit. We will need a copy of these before a contract could be issued.
If you have any questions, please contact me at (765) 983-7483 or by e-mail at
ewe lch,�i,richmondindiana.szok .
Please submit responses to me by email no later than Tuesday February 21, 2017.
Thanks, /
Elijah W. Welch, P.E.
District Engineer
Richmond Sanitary District
EXHIBIT 'A' - Page 1 of 5
Richmond Sanitary District
Request for Proposal
New Paris Pike Landfill Annual Contour Update and On -Call Surveying
The Richmond Sanitary District is seeking the assistance of a licensed professional surveyor (Herein after
referred to as SURVEYOR) to provide surveying and related services for work at the New Paris Pike
Landfill.
Respondents to this Request for Proposal (RFP) shall comply with the terms and conditions contained
herein. This RFP is composed of six (6) parts as follows:
Part 1 — Background
Part 2 — Information Available from the Richmond Sanitary District
Part 3 — Proposed Scope of Work
Part 4 — Deliverables
Part 5 — Form and Content of Proposal
Part 6 — Submittal Requirements
Part 1: Background
The Richmond Sanitary District (RSD) has an ongoing requirement per 329 IAC 10-20-24 to complete an
annual contour update at the New Paris Pike Landfill for submittal to IDEM. This generally consists of
surveying all areas that have changed and any area that has had solid waste disposal take place. A new
surface and set of contours is then produced. The surface within the solid waste boundaries is then
compared to the previous year's surface to determine the volume of airspace .consumed between the two
surveys. A map is then updated and calculations are performed and included in a submittal to IDEM.
Portions of these tasks have previously been completed by the City Surveyor. The City no longer has a
licensed surveyor on staff and is therefore, unable to complete this work.
Part 2: Information Available from the Richmond Sanitary District
1. 2015 IDEM Annual Contour Update Submittal (including AutoCAD drawing) submitted in 2016
(created by Beals -Moore)
Part 3: Proposed Scope of Work
The following general scope may be included as part of the SURVEYOR's work:
1. Complete topographic survey using industry accepted standard techniques and equipment in the
same approximate areas surveyed in 2016 for the annual contour update based on existing site
benchmarks and survey datums and coordinate systems. Survey should be completed with enough
points to accurately map 1 ft contours. (All on -site survey must be completed by March 31, 2017
and all survey within the active solid waste boundaries shall he completed during a single day)
(Landfill safety requirements and personal protective equipment shall be used at all times and is
the responsibility of the SURVEYOR)
2. Create AutoCAD surface and contours based on new survey
3. Calculate volume of airspace consumed within the solid waste boundaries using AutoCAD
function comparing the new surface and last year's surface (special attention must be given to the
area of intersection between the new and the old surface in order to get results as accurate as
possible)
4. Update Annual Contour Update AutoCAD file for Submission to IDEM (airspace calculations as
shown in text near the top of the AutoCAD file will be completed by RSD and given to
SURVEYOR in MS WORD format for insertion into the AutoCAD file)
5. On -Call surveying as required for landfill operations, including staking, etc. for a period ending
December 31, 2017.
EXHIBIT 'A' - Page 2 of 5
Part 4: Deliverables
The following deliverables, at a minimum, would be required at the completion of the project:
l . CSV file of topographic survey points
2. Draft updated Annual Contour Update AutoCAD file for review by RSD
3. Final updated and electronically certified (by SURVEYOR and RSD ENGINEER) Annual
Contour Update AutoCAD file for submittal to IDEM by RSD
4. Surveyor's report that includes benchmarks, equipment, accuracies, etc.
5. Staking and other info as required by RSD on an on -call basis.
All of the information and deliverables related to the Annual Contour Update shall be prepared and
delivered in electronic versions and delivered to RSD no later than May 1, 2017.
Part 5 — Form and Content of Proposal (Response to RFP)
Respondents to this RFP shall submit a proposal which shall be organized and include information as
follows:
Section 1 — Project Schedule confirming a date in which the scope of work could be completed assuming a
notice to proceed of March 7, 2017.
Section 2 — Fee Tabulation for all annual contour update work shall be submitted on a lump sum basis. On -
call hourly fees shall be provided for a one-man and two -man crew. A total not -to -exceed contract amount
will be based the lump sum fee for the annual contour update plus a cost assuming 30 hours for each crew
type (1-man and 2�man) above. No amount of on -call work will be guaranteed as part of this contract.
Staking or marking materials will be paid at cost plus 10%.
Part 6 — Submittal Requirements
One copy of the proposal shall be submitted to the Richmond Sanitary District no later than 4:OOpm
Tuesday February 21, 2017. Proposals shall be delivered by email to Elijah Welch, District Engineer at
ewelchCa)richmondindiana. gov.
Questions shall be directed to Elijah Welch at eweichCarichmondindiana.g_o_v or 765-983-7483.
The Richmond Sanitary District reserves the right to reject any parts of and/or your entire proposal.
EXHIBIT 'A' - Page 3 of 5
Insurance Coverage Requirements
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 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
F. Malpractice/Errors & Omissions $1,000,000 per claim
Insurance
$2,000,000 each aggregate
EXHIBIT 'A' - Page 4 of 5
Affidavit of Employment Eligibility Verification
The Contractor, ]Eea I 'A%Z, affirms under the penalties of perjury that
Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed
and does not employ any employees, Contractor verifies he or she is a United States citizen or
qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and shall
not retain an employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified
the work eligibility status of all newly hired employees of the contractor through the Indiana E-
Verify program.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification throughout the duration of the term of a contract with a subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this / & day of j li Cl 14- , 20�: j
doz L-11-
(signature)
(printed name)
EXHIBIT 'A' - Page 5 of 5
BEALS-MOORS & ASSOCIA TES, INC.
122 S'(urlh le;' Sireel Richmond,
'0 i-962-10?3 l:nluil: glilUO1'C' Cl%hc�crlcnl(�nrc�.rum
QUOTE FOR SURVEYING SERVICES
February 21, 2017
Richmond Sanitary District
Attn: Elijah Welch
2380 Liberty Avenue
Richmond, In 47374
RE: RFP for NEW PARIS PIKE LANDFILL
ANNUAL CONTOUR UPDATE
Dear Mr. Welch:
SECTION 1: BEALS-MOORE & ASSOCIATES, INC
Or firm is located at 122 South 8o' Street, Richmond, Indiana.
We currently employ six full time employees. The firm was originally started in the 1950's by
Mr. John E. Beals, RLS 7955. The business was purchased by Gordon E. Moore in 2007 and
renamed from Beals Surveying Corp, to Beals -Moore & Associates, Inc. Our employees have
over 100 years of experience in providing Surveying Services, for the Eastern Indiana and
Western Ohio areas.
Our staff consists of:
Gordon E. Moore, Indiana Registered Land Surveyor 20400025, Ohio Licensed Surveyor
7588.
James Craig, Project Manager/Kentucky Licensed Surveyor 3985
Phillip Bettelon, Party Chief
Jason D. Moore, Field Crew
Deborah Swiderek, Office Manager
SECTION 2:
Field Data will be gathered using a Sokkia GSR2700 ISX GPS Receiver and/or Sokkia GRX-1
GPS Receiver, with Data Collectors.
Topographic Plats and coordinates files will be prepared with one (1) foot contours for the
designated landfill area. Using data provided by Richmond Sanitary District, Volume Quantities
will be calculated comparing existing Topographic Elevations to previous datum. A report will
be prepared and submitted to Richmond Sanitary District showing fill/cut quantities.
EXHIBIT 'B' - Page i of 2
Our firm uses 2013 Carlson Survey, and 2014 AutACad Civil 3D Software. We can also create
3 D Triangulation Files, Coordinate Files, and Grid Files of the site, if required.
SECTION 3: SCHEDULING
Uwe receive a Notice to Proceed by March 3, 2017, field work will commence no later than
April 7, 2017.
Field work target completion date will be March 17, 2017. First submittal of deliverables, will be
April 7, 2017. Final Submittals will be by April 28, 2017.
SECTION 6: FEE
FEE FOR ABOVE SERVICES: $ 6,100.00
ON -CALL HOURLY FEES:
ONE MAN FIELD CREW WITH GPS RECEIVER--$80 PER HOUR
TWO MAN FIELD CREW WITH GPS RECEIVER --- $145 PER HOUR
OFFICE CALCULATIONS:
BY PROJECT MANAGER—$65 PER HOUR
AUTOCAD MANAGER—$62 PER HOUR
Please sign below and return this form to our office if you would like us to proceed with this
survey.
If you have questions please give me a call at 765-962-1023.
Sincerely,
Gordon E. Moore
Registered Licensed Surveyor
I, authorize Beals -Moore & Associates to provide me
with a survey as described above. I have reviewed Terms of Agreement printed on reverse side.
(Quote expires 60 days from above date.)
Signature:
Date:
VISA/MASTERCARD ACCEPTED
EXHIBIT 'B' - Page 2 of 2