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Home My Public Portal About203-2017 - Street - Milestone Contractors - Manhole CastingsORIGINAL AGREEMENT THIS AGREEMENT made and entered into this / `r day of , 2017, and referred to as Contract No. 203-2017 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 Milestone Contractors, L.P., 824 Dillon Drive, P.O. Box 2061 Richmond, Indiana, 47375 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the 2017 Phase I Milling and Paving Project for the City of Richmond, Indiana, and raising or replacement of manhole castings (the "Project"). Bid Specifications dated October 5, 2017, along with any associated Addendums, have been made available for inspection by Contractor, are on file in the office of the Director of the Street Department and in the office of the Director of Purchasing for the City of Richmond, and are 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 Responses received October 26, 2017, is attached hereto as Exhibit A, which Exhibit consists of five (5) pages, and is also hereby incorporated by reference and made a part of this Agreement. 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 which are incidental to 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 and/or warranties; 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 IL 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. 203-2017 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of One Million Eighty-nine Thousand Seven Hundred Fifty-eight Dollars and Zero Cents ($1,089,758.00) for complete and satisfactory performance of the work required hereunder. Unit pricing for raising or adjusting manhole castings to grade shall be an amount not to exceed Six Hundred Fifty Dollars and Zero Cents ($650.00) per manhole casting. Unit pricing for replacing and adjusting any new manhole castings shall be an amount not to exceed One Thousand Fifty Dollars and Zero Cents ($1,050.00) per new manhole casting. The total number of manhole castings to be adjusted and/or replaced is estimated at six (6) manhole castings. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the completion of the project, which completion shall be on or before October 30, 2018. 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 and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete 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. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, 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. WITHHOLDING RETAINAGE, AND CLAIMS FOR PAYMENTS Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the event Contractor fails to timely pay any subcontractor, laborer, or material supplier for the performance of services or delivery of materials under this Agreement that the Board of Public Works and Safety for the City shall withhold Page 2 of 6 payments in an amount sufficient to pay the subcontractors, laborers, material suppliers, or those providing services. Contractor further understands, acknowledges, and agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12. SECTION VI. 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. Coveraze A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION VII. 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. Page 3 of 6 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 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 IXI. 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 X. 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: 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; Page 4of6 2. That Contractor, any sub -contractor, or any person acting 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 monies 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. Both City and Contractor agree to comply with all applicable Americans with Disability Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements. D. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. 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 suit arising under this Contract, if any, 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. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. Page 5 of 6 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 due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or 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 By: ,�( Vicki Robinson, President By: Richard Foore, Member Lo Date: / �?' / —/ / APPROVED: SnoIMA111'r Date: Z II �- "CONTRACTOR" MILESTONE CONTRACTORS, L.P. k, 824 Dillon Drive, P.O. Box 2061 C,n I.-ed, -rxw_— ichmond, IN 47375 G c-* « I P, e-.- By: &A Printed:'' Title: �I r ec.-y.• G h- 6 -5 "K�t, k I., Date: I J 13 // :1 Page 6 of 6 PROPOSAL SHEET 2017 Milling/Paving-Phase 1 COST Project #1- Hodgin Road — Garwood Road to State Line $ 118,195.00 Work to include: 1) Applying tack coat 2) Laying an average 11/2" asphalt surface 3) Low areas may need additional mix Project #2 — N.W. & S.W.18th Street — Nat'l Road West to Peacock Road $ 118,105.00 Work to include: 1) Mill to average depth of 11/2" 2) Applying tack coat 3) Laying an average 1 1/2" asphalt surface Project #3 - Industries Road — Williamsburg Pike to Salisbury Road $ 200,675.00 Work to include: 1) Mill to average depth of 11/2" from Williamsburg Pike to Flatley Rd. 2) Applying tack coat 3) Laying an average 11/2" asphalt surface with a 76-22 liquid asphalt Project #4 — S.W. D Street — S.W. 1st to College Avenue $ 53,095.00 Work to include: 1) Mill to average depth of 11/2" 2) Applying tack coat 3) Laying an average 11/2" asphalt surface Project #5 — S.W. 21st Street — Nat'l Road West to Cul de Sac $ 51,675.00 Work to include: 1) Mill to an average depth of 1 V2" 2) Applying tack coat 3) Laying an average 11/2" of asphalt surface Project #6 - North 12th Street — North E Street to North J Street $ 76,890.00 Work to include: 1) Mill to average depth of 1 1/2" 2) Applying tack coat 3) Laying an average 11/2" of asphalt surface -YHOT PAGE 1 OE Project #7 - North F Street — North 12th Street to North 19th Street Work to include: 1) Mill to average depth of 1 1/z" 2) Applying tack coat 3) Laying average 1 1/2" of asphalt surface Project #8 - West Main Street — S.W. 5th to S.W.18th Street Work to include: 1) Mill to an average depth of 11/2" 2) Applying tack coat 3) Laying an average 1 1/2" of asphalt surface $ 56,840.00 $ 169,190.00 Project #9 - Industries Road — Salisbury Road to Round Barn Road $ 144,400.00 Work to include: 1) Applying tack coat 2) Laying an average 1 1/2 " of asphalt surface with 76-22 liquid asphalt Project #10 - Bridge Avenue — N.W. M Street to Sim Hodgin Parkway $ 100,693.00 Work to include: 1) Mill to an average depth of 1 1/z" 2) Applying tack coat 3) Laying an average 1 1/z" of asphalt surface GRAND TOTAL $1,089,758.00 Manholes: Please include -price to raise 6 manholes each and cost to replace casting if needed. Unit price for Casting, Adjusted to Grade = $650.00 each Unit price for New Casting, Adjusted to Grade = $1,050.00 each EXHIBIT -::�- PAGE 0FS�,l ' 4P � tr tr DI P CITY OF RICHMOND DEPARTMENT OF PURCHASING 50 NORTH FIFTH STREET - RICHMOND, IN 47374 PHONE (765) 983-7200 - FAX (765) 973-1517 Date: October 5, 2017 To: All Prospective Bidders From: Vicki Robinson, Purchasing Director Subject: Street Milling/Paving-2017, Phase 1 Copy: T.L. Bosell File DAVE M. SNOW Mayor VIM ROBINSON Purchasing Director ADDENDUM No.1 The legal ad included in the bid packet for the above named project was incorrect. The bid due date is October 26, 2017 by 4:59 p.m. No late bids will be accepted. "Addendum No.1 received" should be marked on the outside of the envelope of your sealed bid. EXHIBIT PAGE 3 OF 1 CITY OF RICHMOND DEPARTMENT OF PURCHASING 50 NORTH FIFTH STREET - RICHMOND, IN 47374 PHONE (765) 983-7200 - FAX (765) 973-1517 Date: October 19, 2017 To: All Prospective Bidders From: Vicki Robinson, Purchasing Director Subject: Bid for Street Milling/Paving 2017-Phase 1 Copy: T.L. Bosell, file ADDENDUM No. 2 Project # 3 is changed to read: DAVE M. SNOW Mayor VICKI ROBINSON Purchasing Director Project #3 Industries Road - Williamsburg Pike to Salisbury Road Work to include: 1) Mill to average depth of 1 V2" from Williamsburg Pike to Flatley Road 2) Applying tack coat 3) Laying an average 1 Y2" asphalt surface with a 76-22 liquid asphalt. The bid due date for the above mentioned project is still October 26, 2017. Bids must be received by 4:59 p.m. to be accepted. "Addendum #1 and #2 received" should be marked on the outside of the envelope of the sealed bid. ►IV9 EXHIBIT -,L- PAGE , �- OFF Also please provide the following information: 1.) Earliest date available to begin project. November 13, 2017 2.) Length of time to complete project. 23 Work Days 3.) A certificate of insurance, naming the City of Richmond as the certificate holder, should be included with your bid. 4.) Warranty/Guarantee information. Signature Scott A. HE Director of Milestone Contractors, L.P. by Contractors United, Inc. - General Partner Company (765)935-4231 Phone Number Scott A. Hester Contact Person October 26, 2017 Date Fu1RIT p PAGEG_