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HomeMy Public PortalAbout130-2017 - Parks - C&C Crane Service - Laying Concrete on Waterfall RdAMENDED AGREEMENT THIS AGREEMENT made and entered into this I I - - day of 2017, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation, with its office at 50 North 51h Street, Richmond, Indiana, 47374 (the "City") and C&C Crane Service, Inc., 4034 State Route 122 South, Eaton, Ohio 45320 (hereinafter individually and/or collectively referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional services in connection with the laying over of a seventy (70) foot brick stack located at 28 Waterfall Road, Richmond, Indiana. Contractor shall be responsible hereunder for the "laying over" of the aforementioned stack; however, shall not be responsible for any clean-up of the associated project. Contractor shall comply with the requirements previously requested by the City which are set forth on the Request for Quotes to which Contractor has responded by way of proposal, which was issued on September 25, 2017 which is attached hereto and incorporated by reference herein as Exhibit `B". A Request for Quotes has been made available for inspection by Cotractor, is on file in the office of the Parks Department for the City of Richmond, consisting of one (1) typewritten page, which is attached hereto and incorporated by reference herein as Exhibit "A". 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 2. 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. 130-2017 Page 1 of 6 SECTION 3. COMPENSATION City shall pay Contractor the sum of One Thousand Nine Hundred Ten Dollars and 00/100 ($1,910.00) for full and complete satisfaction of the services described herein. SECTION 4. TERM OF AGREEMENT This Agreement shall become effective when signed by the parties and shall continue in effect until completion of the Project. Notwithstanding the term of this Agreement, the 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 by the Contractor to the City of reports that are incorrect or incomplete in an 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 5. 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 Page 2 of 6 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 E. Comprehensive Umbrella Liability Limits Statutory $100,000.00 $1,000,000.00 each occurrence $2,000,000.00 aggregate $1,000,000.00 each occurrence $1,000,000.00 each person $1,000,000.00 each occurrence $1,000,000.00 each occurrence $1,000,000.00 each occurrence $1,000,000.00 each aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000.00 each occurrence $2,000,000.00 each aggregate SECTION 6. 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 7. 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 Page 3 of 6 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 8. 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 the City determines during the course of this Agreement that this certification is no longer valid, the 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 9. 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; Page 4 of 6 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. SECTION 10. 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 11. 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 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. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his 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 the City in its efforts to enforce this Agreement, including but not limited to, the City's reasonable attorney's fees, whether or not suit is filed. Page 5 of 6 In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. IM "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation Denise Retz, Superinten t Date: "CONTRACTOR" C&C Crane Services, Inc 4034 State Route 122 South Eaton, OH 45320 Printed: /%0C4,041 c Approved: Title: QW�` Date: (0 Date: /Q //-/ 7 Page 6 of 6 09/25/2017 15:58 9377874070 C&CCRANE :1725 P.003/003 J Q.'O� OHO 937o78743-94 eh-:� Denise September 25,2017 This is a quote for the laying over of 70 foot brick stack located at 28 Water fall Road Richmond Indiana. C & C Crane will only be responsible for laying over 70 foot stack. Will not be responsible For any clean up on this project. Total cost of this project will be:$1,910.00 Thank you C & C Crane 4034 State Route 122 South Eaton, Ohio 45320 Fax: (937)787-4070 Received Time Sep.25, 2017 3:22PM No.7023 09/25/2017 15:58 93`1i874070 C&CCRAN� «1l�4 Y.tOs19{iu LCI I am, "411 q2 IC R, I M- 2--- 'LIE 937*787*4394. t5;;4W, 0*i' � Denise September 25,2017 This is a quote for the laying over of 70 foot brick stack located at 28 Water fall Road Richmond Indiana. C & C Crane will only be responsible for laying over 70 foot stack. Will not be responsible For any clean up on this project. `Total cost of tins project watt 1641,910.00 Thank you �.— C & C Crane 4034 State Route 122 South Eaton, Ohio 45320 Fax:(937)787-Q70 E x h' b't B i i Kec v.d line S?�. 17• lu i1 3:24N %o. 1 ?� 3 CONTRACT REQUEST FORM 1. Date contract needed (Clerk or agenda deadline): ASAP Date Submitted to Law*: 9/26/2017 2. Board/Commission that will approve contract Park andAAC I M A 0-4f 3. Has bid been awarded? Yes Date awarded or expected: 9/29/2017 4. Is this a Common Construction Wage Project? N/A 5. Brief description of work to be performed or supplies to be furnished: Demolish the 70 & smoke stack at the Greenhouse located at 29 Waterfall Road for safety reason 6. Name and address of Contractor to be retained: C&C Crane 7. What method was used to request bids? (check one) X Professional Services Request for Proposals Request for Qualifications 4034 State Road 122 South Eaton, OH 45320 Request for Quotes Bid Specifications State Quantity Purchase Bid/Quote 8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? Quotes requested in September 9. Date of Contractor's Response/Proposal/Bid*. 9/25/2017 10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes 11. In what office are the Bid Specifications/RFP/Bid lists on file with the City? quote included 12. Amount to be paid to Contractor S 1910.00 Term of Contract: Due upon Completion 13. Any other relevant information: Reynold 2500 and requires 3 weeks out Mikesell 7200 15. Submitted By: Denise Retz Department: Parks Department *Please complete and return, along with Contractor's response and any and all attachments or exhibits, at lea one (1) week before the contract is needed for its Agenda deadline. Incomplete submissions willbe returned to the Department Head. January 2011 Exhibit A