HomeMy Public PortalAbout096-2020 - Engineering - James H. Drew Corp - Installation of Pedestrian Signalization EquipmentAGREEMENT
THIS AGREEMENT made and entered into this 01 day of v 6 U -1—/ 2020; and referred to
A -
as Contract No. 96-2020, 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 James H. Drew Corporation, 8701 Zionsville Road, Indianapolis, Indiana, 46268 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains ,Contractor to perform services in connection with the furnishing and installation
of pedestrian signalization equipment and timing of signal heads at the intersection of Fort Wayne
Avenue, North 7ffi Street, and North D Street, for the City of Richmond, Indiana (the Project).
Certain Bid Specifications dated June 14, 2020, have been made available for inspection by
Contractor, are on file with the Director of the Office of Purchasing and are hereby incorporated by
reference,and made a part of this Agreement. Contractor agrees to abide by the same.
Portions of the response of Contractor to said Bid Specifications are attached hereto as "Exhibit A",
which Exhibit is dated July 9, 2020, consists of seven (7) pages, and is hereby incorporated- by
reference and made a part of this Agreement. Contractor agrees to abide by the same.
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.
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 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. 96-2020
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed Fifty-nine Thousand One Hundred Seventy-five
Dollars and Zero Cents ($59,175.00) for complete and satisfactory performance of said Project.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when.signed by the parties and shall continue in effect until
satisfactory completion of the Project, which completion is expected to be on or before September
30, 2020.
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 manner
its obligations under this Agreement; s
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.
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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the results or
aftereffects of said event causes the performance of this Agreement to become impossible or highly
impracticable. Said event or results or aftereffects of said event would include events or effects
which the parties to this Agreement could not have anticipated or controlled. Examples of a force-
majeure event, or its results, would include, but would not be limited to, events such as an Act of
God, an Act of Nature, an Act of Law, or an Emergency Act of -Executive Enforcement of the
Federal, government, the State of Indiana, or'local government.
Page 2 of 6
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.
Coverage
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 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.
Page 3" of 6
It",.
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 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 2279-1-10, 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:
l . 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,
Page 4 of 6
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.
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 parry 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
Page 5 of 6
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.
J
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
Vicki Robinson, President
By:
E7-
mily almer, Member
By:
Matt Evans, Member
"CONTRACTOR" .
JAMES H. DREW CORPORATION
8701 Zionsville Road
Indianapolis, IN 46268
By:
Printed: Gene Lind
Title: C . 0.0 .
APPROVED: Date: 8/10/, 2020
M. Sno ,Mayo
Date: 0964-. ozo
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CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96
p ; State Form 62414 (R2 / 2-13) / Form 96 (Revised 2013)
�v Prescribed by State Board of Accounts
iau
PART
(To be completed for all bids. Please type or print)
Date (month, day, year): July 9,2020
1. Governmental Unit (Owner): City of Richmond. INI
2. County: Waylle
3. Bidder (Firm): Jame
Address:
Clry/StateiZiPcode: I
. c
4. Telephone Number: 317876-373.9
5. Agent of Bidder (if applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete
the public works project of City of Richmond IN
(Governmental Unit) in accordance with plans and specifications prepared by United Consulting
and dated July 9 2020 for the sum of
Fifty nine thousand one hundred and seventy five dollars $ 59 175 00
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the
notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance withthe
notice. Any addendums attached will be specifically referenced at the applicable page.
t If additional units of material included in the contract are needed, the cost of units must be the same as
that shown in the original contract if accepted by the governmental unit. if the bid is to be awarded on a unit
j basis, the Itemization of the units shall be shown on a separate attachment.
The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee,
or applicant for employment, to be employed in the performance of this contract, with respect to any matter
directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry.
Breach of this covenant may be regarded as a material breach of the contract.
V CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS
G (if applicable)
I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory .
obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all .
subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I
understand that violations hereunder may result in forfeiture of contractual payments.
1EXH i a RAG )—OF -1
BID SHEET
The following bid items have been identified. Contractor shall determine if additional
items and
quantities are rewired to complete the Project AND SHALL
BE INCLUDED
IN THEIR BID
THIS IS A MJMP SUM BTD
I.
Traffic Signal. Equipment, Remove
1 EA
2.
Handhole, Signal
.3EA
3.
Conduit, Steel, Galvanized, 2 inch, Underground
240 LF-
4.
Pedestrian Signal Head with International Signal, 18 inch
IOEA
5.
Controller and Cabinet, P1
1 EA
6.
Signal Pole Foundation 24 in x 24 in x 36 in
2EA
7,
Signal Pedestal, 12. FT
2EA
8.
Pedestrian Push Button
IOEA
9.
Signal Service
IEA
10.
Signal Cable, 3C SGA
100 LF
I L
Signal Cable, 3C 14GA
12500 LF
12.
Signal'Cable, 5C 14GA
11500 LF
13.
Controller Cabinet Foundation, Pl
.TEA
TOTAL LUMP SUM BID ................................. — $59,175.00
James H Drew Corporation 7/09/2020
Contractor Name Date
BE M -,, UMI T _ PAGE _0F �9
The above bid is accepted this
following conditions:
Contracting Authority Members:
ACCEPTANCE
day of
c
PART II
(For projects of $150, 000 or more — lC 36-1-12-4)
, subject to the
Governmental Unit:
Bidder (Firm)
Date (month, day, year):
These statements to be submitted under oath by each bidder with and as a part of his bid.
Attach additional pages for each section as needed.
SECTION I EXPERIENCE QUESTIONNAIRE
1. What public works projects has your organization completed for the period of one (1) year prior to the
date of the current bid?
Contract Amount
Class of Work
Completion
Date
Address of Owner
$108,522.00
li htin
9/19�$
QName
282,925.00.
lightin
5/20
T
2. What public works projects are now in process of construction by your organization?
Contract Amount
Class of Work
Expected
Completion
Date
Name and Address of Owner
$2,364,162.00
signs & lighting
8120
City of Carmel JN
$353, 544.00
lighting
8/20
City of Fishers IN
$122,272.00
lighting
4/21
Citv of Fishers IN
EX EOF Pc PAGE LCI- i e
3. Have you ever failed to complete any work awarded to you? NO If so, where and why?
4. List references from private firms for which you have performed work.
Rieth-Riley Construction
Walsh Construction
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when
you could begin work, complete the project, number of workers, etc. and any other information which you
believe would enable the governmental unit to consider your bid.)
We can start work shortly after the notice to proceed. We are able to put multiple .
crews on -site which will. give us the efficiency to complete the job before the
actual completion date, .
2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm
who have performed part of the work) that you have used on public works- projects during the past five (5)
years along with a brief description of the work done by each subcontractor.
Indiana Sign.& Barricade -Pavement markings
3. If you intend to sublet any portion of the work, state the name and address of each .subcontractor,
equipment to be used by the subcontractor, and whether you will require a bond. However, if you are
unable to currently provide a listing, please understand a listing must be provided prior to contract
approval. Until the completion of the proposed project, you are under a continuing obligation to
immediately notify the governmental unit in the. event that you subsequently determine that you will use.a
subcontractor on the proposed project.
NIA
4. - 'What equipment do you have available to use for the proposed project? Any equipment to be used by
subcontractors may also be required to be listed by the governmental unit.
Bucket truck, dump truck, digger derrick '& trencher.
5. Have you entered into contracts or received offers for all materials which substantiate the prices used in
preparing your proposal? If not, please explain the rationale used which would corroborate the prices
listed..
YES
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial
statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to
the governing body awarding the contract must be specific enough in detail so that said governing body can make
a proper determination of the bidder's capability for completing the project if awarded.
PAGE Cp OF
SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT
The undersighed bidder or agent, being duly sworn on oath, says that he has.not, nor has any other
member, representative, or agent of' the firm, company; corporation or partnership represented by him, entered
into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to include'anyone to refrain from bidding, and that this bid is
made without reference to any other bid and without any agreement, understanding or combination with any other
.person in reference to such bidding.
He further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, fee, gift, commission or thing of value on account of such sale.
SECTION V OATH AND AFFIRMATION
I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION
CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT.
Dated at Indian olis, IN this 9th dayof JUIv 2020
James H Drew Co
By �7Jw•.� —
Gene Lindley, Q.0.0,
(rtle of Person Signing)
ACKNOWLEDGEMENT
STATE OF Indiana )
) ss
COUNTY OF _j4arion )
Before me, a Notary Public, personally appeared the above -named Gene Lindley C.O.O. and
swore that the statements contained in the foregoing document are true and correct.
Subscribed and swam to before me this 9th day of JUIv 2020—
Noy jllr„qvi AMY N GILLISPIE
gStiY pU i
�o��.•••.�e� Notary Public, State of Indiana
_";SEAL.°- HendriakaCounty Notary ubfic
*gcommleaionNumberNP0722682
,�itip •aP�� My Commission Expires
September 22, 2027
My Commission Expires: eptember 2027
County of Residence: Hendricks
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