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HomeMy Public PortalAbout131-2017 - Air Co - Asbestos Abatement - BEPAGREEMENT THIS AGREEMENT made and entered into this 1A day of e 017, and referred to as Contract No. 131-2017 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Asbestos Inspections & Removal Company d/b/a Air Co., 4404 N. Franklin Road, Indianapolis, Indiana, 46226 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services in connection with asbestos abatement for certain properties located in Richmond, Indiana, for the Richmond Blight Elimination Program (Round 1) Project (the "Project"), per Indiana Housing and Community Development ("IHCDA") Guidelines, which services are more specifically set forth in the Notice to bidders. The structures are as follows: Round 1: 79 NW I Street $3,000.00 121 South loth Street $4,000.00 132 Richmond Avenue $1,100.00 210 South 13th Street $1,600.00 216 North 21St Street $1,800.00 237 South 14th Street $800.00 421 South 9th Street $1,100.00 1027 Sheridan Street $4,000.00 2221 Glen Court $1,000.00 TOTAL: $18,400.00 A request for quotes, dated August 24, 2017, including all addendums, has been made available for inspection by Contractor, is on file in the office of the Director of Purchasing and the Department of Infrastructure and Development, is hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Quotes, consisting of one (1) page, dated September, 1, 2017, is attached hereto as Exhibit A, which Exhibit is incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. Contract No. 131-2017 Page I of 9 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; 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 1I. 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 111. COMPENSATION City shall pay Contractor a sum not to exceed Eighteen Thousand Four Hundred Dollars and Zero Cents ($18,400.00) for satisfactory completion of the Project. SECTION IV. TERM OF AGREEMENT This Agreement shall be effective when signed by all parties and shall continue in effect until completion of the BEP project, which completion shall be within thirty (30) days from the date of the Purchase Order. 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. Page 2 of 9 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. 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 $2,000,000 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. Contractor's Pollution Liability $1,000,000 each occurrence G. Professional Liability Errors and Omissions $1,000,000 each occurrence Page 3 of 9 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 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 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 Page 4 of 9 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; 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 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 X. 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 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 Page 5 of 9 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, 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, Page 6 of 9 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, 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 Page 7 of 9 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 XI. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XII. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. 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. Page 8 of 9 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. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety i By: Vicki Robinson, President *�- a �� By: Richard Foore, Member "CONTRACTOR" ASBESTOS INSPECTIONS & REMOVAL COMPANY DB/A AIR CO. 4404 N. Franklin Road Indianapolis, IN 46226 M. Printed: Title: r APPROVED: Date: avid M. Snow Ma Date: 16' (3-1 Page 9 of 9 PROPOSAL SHEET Bid will be awarded based on lump sum bid of each round even though pricing for each address is also required. ROUND 1 PROPOSAL 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: 1. 79 N.W. "I" Street $ - -1 , 0 0 0.0 0 2. 121 S. 10`h Street $ 4,000.00 3. 132 Richmond Ave 4. 210 S. IP Street 5. 216 N. 215` Street 6. 237 S. 14`h Street 7. 421 S. 9`h Street 8. 1027 Sheridan Street 9. 2221 Glen Court For the total lump sum of Eighteen thousand four hundred dollars ($ 18,400 ). A current certificate of insurance, including Workers' Compensation according to the included coverage limits naming the City of Richmond as the certificate holder, is needed How soon after a purchase order is issued would the project begin? within 2 weeks of NTP Number of days to complete each group — 10 business days Date: September 11 , 2017 HtEfT PAGE OF 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. "CITY" T'HE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety 71 By:,t! Vicki Robinson, President By: Richard Foore, Member ASBESTOS INSPECTIONS & REMOVAL COMPANY D/B/A A1R CO. 4404 N. Franklin Road Indianapolis, IN 46226 Printed: Wayne Grelle By: V Title: Vice President_ Anthony Foster, II, member APPROVED:_Date:_1Ltnher av' Sno r Date: 0 S Page 9 of 9