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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 1 1 Page 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. 2 1 Page 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 3 1 Page 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. 4 1 Page 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 Page 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: -1-7 6 1 Page 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 FHONB M 983-74M*F" (765) %2-M9 _�rx :.-nvbs�scer rar- uac T 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