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HomeMy Public PortalAbout193-2017 - Sanitary - Culy Contracting - Sewer Separation ProjectOR AL AGREEMENT THIS AGREEMENT made and entered into this �)- day of December, 2017, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners and its Storm Water Management Board (hereinafter referred to as the "City") and Culy Contracting, Inc., 5 Industrial Park Drive, Winchester, Indiana 47394 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City retains Contractor to provide work for the CSO 006 Sewer Separation Project, which work shall include, but is not limited to, the installation of two grinder stations, forcemain, sanitary sewer and the replacement of storm sewer inlets. City sent Request for Quotes to Contractor on October 10, 2017. A copy of said Request for Quote is attached hereto and incorporated herein by reference as Exhibit "A". The quote response of Contractor, dated November 1, 2017, for the CSO 006 Sewer Separation Project, is set forth and contained in Exhibit "B", which Exhibit "B" is attached hereto and incorporated herein by reference and made a part of this Agreement. Contractor shall provide all work and services for the CSO 006 Sewer Separation Project, as set forth above and as shown in the project plans and specifications prepared by Commonwealth Engineers with same being dated September 19, 2017. Exhibit `B" also includes Contractor's itemized bid for this Project. 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. Contractor's services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession under similar circumstances at the same time and in the locality where the services are performed. Professional services are not subject to, and Contractor does not provide, any warranty or guarantee, express or implied. 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; 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 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. Contract No. 193-2017 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Eighty -Seven Thousand Three Hundred Sixty Dollars and Zero Cents ($87,360.00) for complete and satisfactory performance of the work required hereunder. The monies to be paid to Contractor are based upon the bid sheet submitted by Contractor, which is set forth in Exhibit "B", and attached with this Agreement and made a part hereof. The monies to be paid to Contractor shall be paid 50% by the Richmond Sanitary District and 50% by the Richmond Storm Water Department. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until final completion of all work. 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) 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, provided that Contractor was notified in writing of deficiencies, given ten (10) working days to cure deficiencies and failed to remedy such deficiencies. 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 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 to the extent caused by Contractor's negligent conduct or performance or non-performance of this Agreement; 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 negligent 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. Page 2 of 6 /1 C. 17 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 (if applicable) 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 $2,000,000 each aggregate Errors & Omissions Insurance $1,000,000 per claim $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 Page 3 of 6 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 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; 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 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. Page 4 of 6 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. The City hereby agrees to release and hold harmless the Contractor and all officers, employees or agents of the same from all liability which may arise in the course of City'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 remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. 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. Page 5 of 6 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" "CONTRACTOR" THE CITY OF RICHMOND, INDIANA CULY CONTRACTING, INC. by and through its Board of Sanitary Commissioners By: ue Miller, President Amai4-B�kshi, ice President &�3� dreFskins, Member Dated: THE CITY OF RICHMOND, INDIANA, by and through its Storm Water Management Board President Am Bakshi, V'-- Sue Miller, Member Dated: APPROVED 1 oW. Mayor Dated: o u Page 6 of 6 President Dated: 2 PRICE REQUEST CITY OF MCHMOND D� ERTYAVEMWF OFSR1��ONDRXANA47374 THIS IS NOT AN ORDER PHONE (765) 983-7450•FAX (765) 962-2669 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 10, 2017 November 1, 2017 by 10:OOAM UPON RECEIPT OF INVOICE DELIVERED I DESCRIPTION This is a request for proposals for CSO 006 Sewer Separation Project. Please see attached specifications. All E-Verify requirements will apply to this quote. Please include a Certificate of Insurance. Pre -Quote meeting will be October 17, 2017 at 2:00PM 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: CSO 006 Sewer Separation Project If you have any questions please call Elijah Welch at 765-983-7483. STATE TAX EXEMPTION 9 003121909-001 Richmond Sanitary District NAME OF FIRM QUOTING: DATE AUTHORIZED BY SIGNATURE PHONE NUMBER TITLE EXHIBIT'A' - Page 1 of 1 PC- pP 7 k §grF( § 2E [0a@9 ■ ■ o� E�■0 m ` ; © 20 §g# / ®§_ $ X "0 % « fg7 $ § g 2 $ 8 2 f %CL § @ C % �E$ }�� 0 § §�2 ■ & H gL�$ ƒ % J ■ %�� i . rL k OL / fi6g @ 0 ■ $2 k 0 in k c k § ego § z m o � a 13 ■ m� � \ •% /F z� �c ■■ �■ E� § $� m ƒ:L 0 ■a $ƒ J C � k . El a, J CD 3 �§ �E � ' E § CD�o a 0)` w J£ EXHIBIT£ - Page ,@2 Affidavit of Employment Eligibility Verification The Contractor, Culy Contracting, Inc. affirms under the penalties ofperjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. The Conttactor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statemeaA is true. Dated this 1st day of November , 2017. gnature) Doreen M. Culy (printed name) EXHIBIT'B' - Page 2 of 2