Loading...
HomeMy Public PortalAbout105-2017 - Metro - Mikesell Excavating - Demolition - BEPAGREEMENT THIS AGREEMENT made and entered into this day of , 2017, and referred to as Contract No. 105-2017 by and between'the City of Richm nd, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Mikesell Excavating, Inc., 652 New Garden Road, New Paris, Ohio, 45347 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the demolition and removal of certain unsafe structures located in Richmond, Indiana, for the Blight Elimination Program (Round 1, Bid 6) Project (the "Project"), which services shall include demolition, removal of debris, and restoration of the sites as more specifically set forth in the Notice to Bidders. The structures are as follows: Round 1, Bid 6: Group 22: 321. SW 3`d Street $9,300.00 529 S 7d' Str;et $5,200.00 801 N "H" Street $8,700.00 1016 N "G" Street $7,100.00 1211 S 141h Street $7,700.00 1237 Ridge Street $8,900.00 1362 Ridge Street $9,100.00 2303 Glen Court $6,100.00 TOTAL: $62,100.00 Certain Requests for Proposals (BEP Round 1, Bid 6) dated June 19, 2017, including any and all addendums, has been made available for inspection by Contractor, is on file in the office of the Director of the Department of Infrastructure and Development for the City, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Portions of the response of Contractor to said Request for Proposals dated July 27, 2017, are attached hereto as Exhibit A, which portions consist of two (2) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contract No. 105-2017 Page 1 of 10 This Agreement consists of the following Contract Documents, all of which are as fully a part of this Agreement as if set out verbatim herein or attached hereto, and the same as in all particular become the Agreement between the parties hereto in all matters and things set forth herein and described: a. This Agreement; b. All Addenda issued prior to receipt of Bids, whether or not receipt thereof has been acknowledged by Contractor in its Bid; c. General Conditions; d. Special Conditions; e. Technical Specifications; f. City Standards and Specifications; g. Instructions to Bidders; h. Advertisement or Notice to Bidders; i. Performance and Payment Bonds; j. Contractor's Itemized Proposal and Declarations. In resolving conflicts, errors, discrepancies, and disputes concerning the nature, character, scope or extent of Work to be performed or furnished by the Contractor, or other rights and obligations of the City and Contract, arising from or prescribe by one or more of the Contract Documents, the following rules shall govern: a. A requirement occurring in one Contract Document is as binding as though occurring in all Contract Documents; b. The Contract Documents shall be given precedence in the order as listed above. 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. Page 2 of 10 SECTION IL 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. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Sixty-two Thousand One Hundred Dollars and Zero Cents ($62,100.00) for complete and satisfactory performance of the work required hereunder. Demolition permit fees will be waived by the City and Landfill fees will be discounted by Fifty Percent (50%). SECTION IV. TERM OF AGREEMENT AND LIQUIDATED DAMAGES This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the Project, which completion shall be within thirty (30) days of the date of receipt of the purchase order by Contractor. A penalty will be assessed and deducted from Contractor's retainage in the event services are still being performed by Contractor under this Agreement in the amount of One Dollar ($1.00) per day and per structure (for each structure that remains un-demolished and/or cleared as required by the Contract Documents beyond the date set forth above) and the same for each day past the date for completion as set forth above. It is hereby understood and mutually agreed, by and between the Contractor and the City that the date of the time for completion of the Project as specified in the Contract documents are ESSENTIAL CONDITIONS of this Agreement. The Contractor and City acknowledge and agree that the time allotted by this Agreement for the performance and completion of the Project is reasonable and takes into account any and all risks and adverse conditions assumed by Contractor hereunder. The Contractor and Owner recognize and contemplate that unexcused failure by the Contractor to complete the Work within the term set forth above will cause the City and the Public to suffer financial losses or inconvenience, the full and exact extend and character of which cannot be measured as a basis for recovery by the City of actual damages, and that liquidated damages as prescribed in this Agreement represent a fair, reasonable, and appropriate estimate thereof. Accordingly, the Contractor agrees that such liquidated damages may be assessed and recovered by the City, as against Contractor and its Surety, in the event of delayed completion and without the City being required to present any evidence of the amount or character of actual damages sustained by reasons thereof. 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 and proper manner its obligations under this Agreement; Page 3 of 10 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 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 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 Page 4 of 10 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 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. Page 5 of 10 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 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 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; 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. 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. 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 Page 6 of 10 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 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, Page 7 of 10 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 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, Page 8 of 10 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 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 XIII. 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 Page 9 of 10 this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. 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 By: Vicki Robinson, President oore, Member Anthony L/Foster, II, Member Date: APPROVED: Sno , ayor Date: "CONTRACTOR" MIKESELL EXCAVATING, INC. 652 New Garden Road New Paris, OH 45347 By. C Printed:'`-n� W k Title: 2(- j'\d e-n� Date: &L:�3 I I —1 Page 10 of 10 ITEMIZED BID PROPOSAL AND DECLARATIONS Instructions To Bidders: This form shall be utilized by al! Bidders. Except as otherwise specifically provided all parts shall be fully and accurately filled in and completed and notarized Bid Proposal for: Blight Elimination Program (BEP) Demolition Date: —1 I2-1 I I-t To: City of Richmond PART 1 BIDDER INFORMATION (print) 1.1 Bidder Name: Q meac j j &oP k)( (A Q. , �re . 1.2 Bidder Address: Street Address: Los) Nt 1) 6 rutn Rci . City: �k-lx� tiC State: O i Zip: Phone Number. ON) 993 - 19 1 A Fax Number: Q3-i) CAI - 5 I d 1.3 Bidder is a/an [mark one]: _ Individual _ Partnership _ Indiana Corporation - Foreign (Out of State) Corporation _ Joint Venture _ _ MBE _ WBE _ VBE Other. [The following must be answered if the Bidder or any of its partners or joint venture parties is a foreign corporation. Note_ To do business in or with City of Richmond Indiana, foreign corporations must register with the Secretary of the State oflndiana as required by the "h:diana Code 23-1-49 et seq " General Corporation Act as stated therein and eVres sed in the Attorney General's Opinion #2, dated Jwnu ry 13, 1958.] 1. C orp o ratio n Name: 6CMU-tng,=nc 2. Address: (p52 Kir-O 6CLrd-n ed • Nt J �Q ri S 0H L� 1�3U 1 3. Date registered with State of Indiana: G 4. Indiana Registered Agent: Ere or-, C.Q. Name: 6r eO8" CO_�Y10C'e� Address: �� ��•e�s C�We 1Jr. CoA-trot # 20i'5()QI g 31 EXHIBIT PAGE ( OF 2 � , f PART 2 BID PROPOSAL and INDIVIDUAL STRUCTURE AMOUNTS 2.1 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: Round 1 Bid 6 Demo Group 22 1. 321 SW 3`d St. 2. 529 S. 7`h St. $ 5, z,M. cc: 3. 801 N "IT' St. $ 2), 4. 1016N"G"St. $ 1�(ph,(� 5. 1211 S 14" St. $ 1 6C), CY-) 6. 1237 Ridge St. $ .. p 7. 1362 Ridge St. $ 8. 2303 Glen Ct. $ U, 1 00 . M For the total lump sum of $ 1 Co. 00 r Demo Group 22. Cxz Gl 0r- hu,n d r-ed Np l l ar-S 2.1 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: Round 2 Bid 5 Demo Group M i. 15 S. 23`a St. $ O M 2. 108 S 14'hSt. $ p . 3. 217 N. 21s` St. $ 4. 220 S. 12" St. $ l�L, r • b(-� 5. 300 S. 12t' St. $ 12,, 100 . CX� 6. 325 S.12t' St. $ 0. I M „ Cn 7. 417S IPSt. $ Cp •M 8..624 S 7 h St. -if), $ Q, i m b m, 9. 2231 Glen Ct. $ lr� , `j M -M For the total lump sum of $ a n , 1p UO . 00 for Demo Group M. hmiq+,QI sa�d six hu-ndrofdollo 's EXiiIf31T PAGE 2 01 -