HomeMy Public PortalAbout001-2011 - Sanitary - Southland ContractingAGREEMENT
THIS AGREEMENT made and entered into this 19 day of January , 2011 and
referred to as Contract No. 1-2011 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 Southland Contracting Inc.,
616A Shelby Road, Fort Worth, Texas 76140 (hereinafter refeiTed to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to construct City's East Side Interceptor Replacement Project —
Phase 11, including the Base Bid and Alternatives A, B, C, D, and E.
Certain Bid Specifications dated October 29, 2010, along with Addenda 41, 2, 3, and 4 thereto,
have been made available for inspection by Contractor, are on file in the offices of the
Department of Sanitation 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 Bid Specifications is attached hereto as Exhibit "A", which
Exhibit is dated December 14, 2010, consisting of eight (8) 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 for and
incidental to the proper completion of all work specified.
No work shall commence until the following has been met:
1. The city is in receipt of any required certificates of insurance; and
2. 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 111. COMPENSATION
City shall pay Contractor a total sum not to exceed Six Million Seven Hundred Fifty -Two
Thousand Six Hundred Ninety -Eight Dollars and Zero Cents ($6,752,698.00) for complete and
satisfactory performance of th6 work required hereunder.
Contract No. 1-2011
Page 1 of 6
SECTION W. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until completion of the project.
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 fiends 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 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.
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.
Coveraee Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Page 2 of 6
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$1,000,000 each occurrence
$1,000,000 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
$1,000,000 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.
SECTION VII, COMPLIANCE WITH COMMON CONSTRUCTION WAGE LAW
Contractor shall comply with all provisions of Indiana Code 5-16-7 Common Construction Wage
law, and shall, during all of Contractor's work under this Agreement, provide the City with
complete and accurate certified payroll documents. Contractor shall use the forms provided by
the Department of Public Work and Engineering. Such documents shall be submitted within
seventy-two (72) hours of each pay period for work completed under this Agreement. Should
Contractor fail to timely supply the City with said documents, or if the City has questions
concerning the documents submitted, City reserves the right to do any of the following:
a. Stop payments to Contractor under this Agreement;
b. Interview employees to verify wage payments;
C. Request from Contractor copies of cancelled payroll checks;
d. Report Contractor to the Indiana Department of Labor;
C. Report Contractor to the Internal Revenue Service;
f. Consider Contractor to be "non -responsive";
g. Consider Contractor to be in breach of this Agreement; and/or
h. Refuse to hire Contractor for future contracts with the city.
SECTION VIII. 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.
Page 3 of 6
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
I. 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;
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. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. 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 IX. 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 patty, 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
Page 4 of 6
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 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 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.
(remainder of this page left intentionally blank)
Page 5 of 6
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Slate Forrrl'52414
Pr"Crr„ bad by tafa Board d Ace s - Form Na 96 (Revised 202g
OONTRACTOR� B(P FOR PUBLIC WORKS —. %;ORM 96
PART-1
(To lee C-OmpleRed for all bids - Ptease'type or prj
1. Governmental Unit (Owner):
2 County:
3. Bidder (Firm),
Address:
City/state:
4 Telephone Nuthber.
5. Agent of Bidder (If applicable);
bate:..
Citv of Richmond
12-14-2010
wa_YD8
Southland Contracting Inc..
616A'Shelby Road -
Fort Worth TX 76140.
(817) 293--4263
Pursuant to notices given, the undersigned offers to furnish- labor andlor material
necessary tb compiete the public works project of G N of Richmond '(Governmental Unit) in
accordance with plans and specifications prepared by Commonwealth Engineers
, #nc, and
dated September, 2010 for the sum of c ¢- e-.
The undersigned further agrees to furnish a bond dr 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 YAth the notice: Any addendums attached will be specifically
referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of traits 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 basis, the if2mizai€on of the units spoil be spawn an a separate
attachment.
The contractor and his subcontractors, if any, shall not discriminate against or Infimldate
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.
CERTIFICATION OF USE OF UNITED STATES STEEL' PRODUCTS
' (If applicabie)
.1, the undersigned bidder or agent as a contractor on a public works project, understand.
my statutory obligation to rise steel products -made In the United States-(t,C, 5-16--2)_ 1 hereby'
certify tE ta# €and all subcontractors 'employed by me for this pro ect will use U-. S. steel: produgts
on this project if awarded. 1-understand that vialaticIns hereunder may result In, forfeiture at _
contfactual payments'
AO'O PtANCE
The above bld-)s accepted this day of , subject to the
following conditions.
Contracting Authority Members;
PART If
(For projects of $1 OQ,000 or more -- IC 35-1-12-4)
Governmental Unit: Cfty of Richmond
Bidder (Firm). Southland Contracting Inc:
Date: 12-14-2010
These statements to be"submitted under oath by each bidder with. and as a part of his bid..
Attach additional pages for each section as needed.
SECT)ON I EXPERIENCE QUESTIONNAIRE
1. What public works projects has your organisation completed for the period 'of one (1)
year prior to the date of the current bid?
When
Contract Amount Class of Work Completed
Name and Address of owner
See attar ed
2. What public works projects are now In process of construction by your orga,-lizatiGn?
When to be
Contract Amount Class of Work Completed Name and Address of Owner �
attac$ed 1
3: Have you ever ;ailed to complete any woCk awarded to you? No if so,'where
and why?
4, Ust references from private firms for which. you have performed work.
See attached
S, CTIQN 11 PLAN AND EQUIPMENT QUE8-1Ti0i7NAiR�
1. Explain your plan or layout for performing proposed work_ (Exafnpfes could include a
narrative of when you could begin work, campiete the .project, number of workers, etc.
and any other information which you believe would enable the governmental unit to
consider your bid.)
See attached
2, Please list the names and. addresses of all subcontractor` (l,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,
See attached
& If you interid to sublet any,portion of the worm, 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 understarid,.a'
listing must be provided prior to contract approval. Until the cormpletion of the proposed
project, you are under a continuing obligation to immediately notify the governmenta{ unit
in the event that you subsequently determine that you will use a subcontractor on -the
proposed project.
See attached
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 govemmenta) unit.
gee attached
5. Have you entered into contracts or received offers for all materials which substantiate
the prices used in preparing your proposal? If not,. pleas.p 'explain the rationale used
which would corroborate the prices listed.
Yes
SECTION III CONTRAGTOR'S FINANCIAL STATEMENT
Attachment of bidder's. financial statement is mandatory,, 'Any. bid submitted without'saki
fiinancial.statemeni: as required by statute shall thereby be ren4ered invalid.. The financlai•
statement. provided hereunder to the governing body.awarding the contract, must be. specific
enough in detail so that said governing body can make a prop' r determination of the bidder's
capability for completing the project if awarded, ;
'See attached .
SECTION IV CONTRACTOR'S NO�-COLLUS[ON AFFiQAVIT
The undersigned bidder or agent, being duly'sw&n on oath,• says that 'he has not, nor
has any other member, representafive, or agent of the'flim, company, corgaration or -
partnership -represented by him, -entered into any combination, collusion or agreement -'with any person
relative to the pike to be" bid by anyone at such letting nor to prdvent any person frorn -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.persan in.
reference to such bid. ng. :
He further says that. no' person or persons, firms, or carporation-has, have or will receive
directlyor 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 FOREGOING
FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS
ARE TRUE AND CORRECT.
Dated at Fort Worth. TX
Atte clay iffith
Pre ident
this 1 4 tMay of • December 2010
Southland Contracting Inc,
(Name of 0177
ri tion)
13y • !f
Teressa Logsdon, VP Secretary
(T€tle of Person Signing) . .
ACKNOtVLEDGMENT
STATE OF" I� }
COUNTY O t )
Before me, a Notary Public, personally appeared the above-earned..d>.J
and swore that the statements Wntained in the foregoing docbmenf.are true and correct.
Subscribed and sworn to bQfore me this day of
j -0 Notar/ Public
'My Commission Expires,: 4E_ �Q ! Corporate Address-
County of Residence: P.O. Box 4060A .
Font Worth, TX 76140-
,State of Incorporation: TX
t DY F. {t�lfLhlpi l,p '
MAC'AFATEOFTEW
Oof ml 510A EXPIRES:
ALTERNATE 510S
The Contractor shall submit bids on the Base Bid and all Vandatory.Afternative Bid Items. The
Cohtracto s bid shall be considered non-respor3sive if the Mandatory Alterhate Bids are'not '.
submitted. The award of the Contract will be made to- the lover, responsive, responsible bidder of.
the Base- Bid work only. All responsive, responsible bidders shall be considdr'ed. The Owner
reserves the right to delete any Base Bid (ferns or Mandatory Alternate Bid items necessary -to
bring the project within the projected budget should the bld of the low, responsive, responsible. .
bidder be above the cdrrent budget.
BID PRICE
The Contractor agrees to perform all the work &scribed in the Contract Documents for the total
price identified on the itemized Bid Schedule herein. Payments to the Contractor will be
calculated based on the prices Identified on the Base Bid Itemized Bid Schedule, The total of
the prices on the Base Bid Schedule must agree with the Contractor's total base bid.
TIME OF COMPLETION AND LIQUIDATED DAMAGES
If awarded a Contract, the undersigned agrees to begin work within' ten (10) calendar days of
the effective date in the Notice to Proceed and further agrees to proceed with 'all pessible-
dispatch to substantially complete and provide all items into operation (service) within -450
consecutive calendar days from the date of the Notice to Proceed and fully complete all work
ready for final Inspection acceptance and close-out within S0_ additional days from the d�td�
of the substantial comple on.
if awarded" a Contract, and in the' case the work Is net completed either substantially or fully
within the above deadlines to the satisfaction of the Owner, the undersigned agrees to pay to
the Owner as liquidated damages the, sum of One Thousand Dollars ($1,000.00) per day for
each and every successive day, Sundays. and Holidays included, after the agreed upon time
until the work is completed and accepted by the Owner.
The liquidated damages P-Pply to the failure to meet either the substantially complete and/or the
fiflly complete deadlines stated above,
ITHAS TO BE SUBMITTED WITH BID <
The Contractor shall be aware that the following documents are required with his bid. � l
t. Bid Guaranty (Bid Bond)
2- lndiane State Form No. 96 (Revised, 2005) with Non-Collusiron Affidavit
3, Financial Statement for Bidders
4. Itemized Bid Schedule
5, Trenchless Construction Qualifications Questionnaire'
ACKNOWLEDGMENT OF ADDENDA RECEIVED _
The Bidder hereby acknowledges receipt of the following addenda:
1, 2, 3, .4 I
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