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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