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HomeMy Public PortalAbout139-2017 - Smarrelli Cdontracting - Equipment Storage shed - LandfillAGREEMENT ORIGINAL THIS AGREEMENT made and entered into this � (h4 day of October, 2017, and referred to as Contract No. 139-2017 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (referred to as the "City"), and Smarrelli General Contractor, Inc., 136 S. 2nd Street, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to furnish materials and provide labor to construct a thirty-six (36) foot by one hundred four (104) foot by sixteen (16) foot equipment storage shed with sixteen (16) foot wide by thirteen (13) foot tall door openings at the City of Richmond Landfill, located at 5242 New Paris Pike, Richmond, Indiana 47374. A Request for Quote on Furnishing Materials and Building A 36 foot X 104 foot X 16 foot equipment Storage Shed with 16 foot Wide X 13 foot Tall Door Openings was made available by City for inspection, consisting of one (1) typewritten page, which is attached hereto and incorporated by reference herein as Exhibit "A". The response of Contractor to said Request for Quotes, Contractor's Proposal & Contract dated September 22, 2017, is attached hereto and incorporated by reference herein as Exhibit "B", consisting of two (2) typewritten pages. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, 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. Contractor shall submit statements or bills monthly. 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(s) signed by Contractor in accordance with I.C. § 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. SECTION III. COMPENSATION City shall pay Contractor in an amount not to exceed Ninety -Six Thousand Seven Hundred Eleven Dollars and Non Cents ($96,711.00), for complete and satisfactory performance of the work required hereunder. The monies to be paid to Contractor are based upon the Proposal & Contract signed by Contractor on September 22, 2017 and submitted by Contractor, which is set forth in Exhibit "B", and attached with this Agreement and made a part hereof. Contract No. 139-2017 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective signature by both parties and shall continue in effect until and including March 2, 2018, unless both parties agree to extend this Agreement by a written and signed agreement. 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 thirty (30) 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. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) days written notice to the other party. In the event of termination of this Agreement, 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. 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. 2 1 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 $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 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 3 1 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 Board determines during the course of this Agreement that this certification is no longer valid, Board 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 Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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: 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. 4 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. 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. 5 1 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 Sani ry Commissioners ,---');ue Miller, President President Member Dated: to - #v f - f 7 APPROVED: c ave Snow, Ma t,—� Dated: 10'2%- "CONTRACTOR" Smarrelli G 1 Co tractor, Inc. By: (Printed): Steve Shute Title: General Manager Dated: / ( • ( 6 1 REQUEST FOR QUOTE ON FURNISHING MATERIALS AND BUILDING A 36' X 104' X 16' EQUIPMENT STORAGE SHED WITH 16' WIDE X 13' TALL DOOR OPENINGS "Open Front No Garage Doors" The Richmond Sanitary District Landfill is looking to have an Equipment Shelter Built out at the Richmond Landfill locate at 5242 New Paris Pike, Richmond, Indiana 47374. Minimum Specifications: Included in attached drawings PROPOSAL SHEET Name of Company Quoting Name of Person Quoting and Contact number Cost of Furnishing Materials and Building Shelter $ Price Firm for How Long Days Estimated Time of Completion Days Price to include all shipping, handling, and set up charges. To be delivered to the Richmond Landfill, 5242 New Paris Pike, Richmond, IN. 47374 • E-Verify Requirements: Yes No • Certificate of Insurance: Yes No • Iran Investment Activities: Yes No • Start Date once Contract and PO is Issued: Yes No • Length of Project: Yes No . Please Contact Darren Duncan, Landfill Mgr. at (765) 983-7457 or Jeff Lohmoeller, WWTP/Maint. Mgr. at (765) 983-7464 if you have any questions. Zy to I .8) 7 d Date: September 15, 2017 To: All Bidders From: Jeff Lohmoeller RE: Equipment Storage Shed ADDENDUM 41 This is "Addendum #1". This addendum is in reference to the above -mentioned services. Please mark Addendum #1 on outside of envelope when returning quote. • At our September 14, 2017 pre -quote meeting it was discovered that our new trash compactor is taller than our old trash compactor. This means we will need to raise the shed height 2 feet. Please refer to drawing ALI Rev. and A3.1 Rev. as these will take place of the original Al. I and A3.1. • Contractor shall obtain all required permits. Fees for City of Richmond Issued Building Permits will be waived. • Notice to proceed for onsite construction will be issued to the contractor by owner only after all required site work is completed by owner. SMARRELLI GENERAL CONTRACTOR, INC. 136S2ND RICHMOND, IN 47374 Tel: (765) 962-1378 Fax: (765) 962-3034 September 18, 2017 City of Richmond Department of Sanitation 2380 Liberty Ave Richmond, IN 47374 Ph 983-7457 Fax 983-3621 Attn: Jeff Lohmoeller PROPOSAL & CONTRACT Pro# C-5446 Smarr& General Contractor, Inc. offers to furnish all labor, material and equipment for the performance of the following described work for: City of Richmond Department of Sanitation located at 2380 Liberty Ave, Richmond, IN. RE: STORAGE BUILDING @ LANDFILL addendum #1 raise eave height -Excavation to flat sub -grade is by Others -Stone for floor is by Others -State permits are by Others We include: -Layout -Building permit, cost is waived -Excavate and trench pour bases and footers -Insulate foundation -Rebar and bolts as shown -Back fill with soil Pro# C-5446 -Erect Nucor steel building on piers -Openings only, no doors -No insulation TOTAL............................................................................. $96,711.00 Submitted By: Date: Steve Shute, General Manager Accepted By: Date: This proposal may be withdrawn if not signed and returned in 20 days. Thank you for the opportunity to. provide our services. W �=�1�i� i7 ✓� REQUEST FOR QUOTE ON FURNISHING MATERIALS AND BUILDING A 36' X 104' X 16' EQUIPMENT STORAGE SHED WITH 16' WIDE X 13' TALL DOOR OPENINGS "Open Front No Garage Doors The Richmond Sanitary District Landfill is looking to have an Equipment Shelter Built out at the Richmond Landfill locate at 5242 New Paris Pike, Richmond, Indiana 47374. Minimum Specifications: Included in attached drawings PROPOSAL SHEET Name of Company Quoting �'4"t atx grog 41 . Name of Person Quoting and Contact number�ar'�� 7 1� 57 -r3- Cost of Furnishing Materials and Building Shelter Price Firm for How Long �'D Days Estimated Time of Completion p 0! 5 Days. Price to include all shipping, handling, and set up charges. To be delivered to the Richmond Landfill, 5242 New Paris Pike, Richmond, IN. 47374 • E Verify Requirements: • Certificate of Insurance: • Iran Investment Activities: • Start Date once Contract and PO is Issued: • Length of Project: Yes c/ No Yes �— No Yes No Yes No Yes No . Please Contact Darren Duncan, Landfill Mgr. at (765) 983-7457 or Jeff Lohmoeller, WWTP/Maint. Mgr, at (765) 983-74.64 if you'have any questions.