HomeMy Public PortalAbout183-2017 - RSD- Byrco, Inc - River CourtAGREEMENT ORIGINAL
THIS AGREEMENT made and entered into this I q day of November, 2017, and referred to as
Contract No. 183-2017 by and between the City of Richmond, Indiana, a municipal corporation
acting by and through its Board of Storm Water Management (referred to as the "City"), and Byrco,
Inc., 206 Flint Street, Liberty, Indiana 47353 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish maters and to perform services for drainage improvements
for the River Court Drainage Improvement Project by installation of Storm Sewers and inlets on
River Court in Richmond, Indiana. All work performed under this Agreement shall be as shown
in the Project plans and specifications prepared by the Richmond Sanitary District, subject,
however, to modification by the Richmond Sanitary District.
A Request for Quote dated October 6, 2017, including any and all addendums, for the River Court
Drainage Improvement Project was made available by City for inspection by Contractor, and are
on file in the office of the Department of Sanitation for City, and are attached hereto and
incorporated by reference herein as Exhibit "A".
The response of Contractor to said Request for Quotes is the Bid Sheet to the River Court Drainage
Improvement Project, signed November 1, 2017, attached hereto and incorporated by reference
herein as Exhibit `B", consisting of one (1) typewritten page.
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 Sixty -One Thousand Eight Hundred Ninety -
One Dollars and Sixty -Seven Cents ($61,891.67), for complete and satisfactory performance of the
work required hereunder. The monies to be paid to Contractor are based upon the River Court
Drainage Improvement Project Bid Sheet signed by Contractor on November 1, 2017 and submitted
by Contractor, which is set forth in Exhibit "B", and attached with this Agreement and made a part
hereof.
Contract No. 183-2017
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SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective upon signature by both parties and shall continue in effect
until and including ninety (90) calendar days from the authorization to proceed date, plus thirty
(30) additional calendar days for final completion, 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.
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A.
L'
I
E
Coverage Limits
Worker's Compensation & Statutory
Disability Requirements
Employer's Liability $100,000
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
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
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 the
Contractor to be in breach of this Agreement and this Agreement will be terminated. If the
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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;
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.
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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.
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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 Storm Water Management
Dated.
//r1C-/-/7
APPROVED:
DavnowraXaL—)
Dated: 11, Zd `
"CONTRACTOR"
Byrco, Inc.
By: �lkOf
(Printed): J. Malcolm Byrd
Title: President
Dated:
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PRICE REQUEST
CITY OF MCHMOM
DSPARTM W OF AVMM@ UCM"A 1D, W THIS IS NOT AN ORDER
2380 LiBERTYAVENUE.RI(�11vtr�ID 11M,NA47374
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VENDOR
INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
Please complete your full name and phone number below
with signature; itemize all prices and charges where
requested; and attach any explanation for any substitution to
specifications altered. Return in a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
specified date and time to be considered.
DATE:
REPLY MUST BE IN BY:
PAYMENT TERMS:
DELIVERY REQUIRED:
October 6, 2017
November 1, 2017 by 10:00AM
UPON RECEIPT OF INVOICE
DELIVERED
I
DESCRIPTION
This is a request for proposals for River Court Drainage Improvement Project. Please see attached
saeclflcations. All E Verify requirements will apply to this quote. Please Include a Certificate of Insurance.
Pre -Quote meeting will be October 17, 2017 at 1:OOPM at Richmond Sanitary District Administration Building.
Return the quote in a sealed envelope addressed to: Richmond Sanitary District
Denise Johnson, Customer Svc Mgr
2380 Liberty Avenue
Richmond, IN 47374
Re: River Court
If you have any questions Please call Elijah Welch at 765-983-7483.
STATE TAX EXEMPTION # 00312190MOl
Richmond SOitary District
NAME OF FIRM QUOTING:
AUTHORIZED BY SIGNATURE
DATE PHONE NUMBER
TrrLE
EXHIBIT A
River Court Drainage Improvement Project
BID SHEET
9/9/2017
Item No. Description
Qty Units Unit Price Qty Price
Item No. Description
Qty Units $ $
I
Mobilization/Demobilization
1 LS
$ �Q��, ( $ ZOf,E 06)
2
Traffic Control
I LS
$ 30�,& $ 30a w
3
12" RCP Storm Sewer w/ Granular Backfill
15 LF
$ /-/,2, %0 $ 6 L%, ,5,0
4
15" RCP Storm Sewer w/ Granular Backfill
66 LF
$ 4 12,
5
18" RCP Storm Sewer w/ Granular Backfill
214 LF
$ 52,5V $
6
18" RCP Storm Sewer w/ Native Backfill
90 LF
$ j ,Q a $
7
Inlet Structure w/ East Jordan Iron Works 5355-M3 Casting
4 EA
$ Z& 12, tV $
8
Inlet Structure w/ East Jordan Iron Works 5355-M6 Casting
3 EA
$ .Z01 pa $ 9S, OQ
9
Inlet Structure w/ East Jordan Iron Works V-4880-ADA Casting
1 EA
$ ,2 .� $ 3 ;LSD, DO
10
Concrete Flared End Section
I EA
$ //,p 3-3 P40 $ �, (e .3.3, OC
11
Class 1 Riprap
23 SY
$ 1pod,�% $
12
Street Repair
216 SY
$ $
13
Gravel Driveway Repair
34 SY
$ / 7 4,5 $ 10
14
Lawn Restoration
I LS
$ �d�, $ ���, cc)
15
Fill and Grade Low area at 12 River Ct.
I LS
$ .�.DlJ.1%O $ 00
16
Lateral Relocation (Fitting and upto 25' of 6" lateral each) (Undistributed)
5 EA
$ 1 7d ,dD 7�% ryz)
I have received addendum numbers) and the prices in this bid reflect these changes/clarificafioris.A
L� ?qA
Contractor
Authorized Srpature
Date
EXHIBIT B