HomeMy Public PortalAbout037-Demolition 415 North 16th StDEMOLITION AGREEMENT
THIS AGREEMENT made and entered into this day of March, 2005 and referred to as
Contract No. 37-2005 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 Cox Excavating, 2625 US Hwy 27 South, Richmond, Indiana 47374 (hereinafter referred to
as the "Contractor").
SECTION L STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for demolition of a certain structure(s) located at 415 North 16th
Street, Richmond, Indiana.
A certain Request for Proposals dated February 4, 2005 has been made available for inspection by
Contractor, is on file in the office of the Director of Purchasing for the City, and is 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 Proposals is attached hereto as Exhibit A, which
Exhibit is dated February 11, 2005, consists of two (2) 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 any
incidental to the proper completion of all work specified.
No work shall commence until the City is in receipt of any required bonds and certificates of
insurance, and until 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 a total sum not to exceed Six Thousand Three Hundred Seventy-five
Dollars and No Cents ($6,375.00) for complete and satisfactory performance of the work required
hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until completion of the project.
Contract No. 37-2005
Page 1 of 5
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 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.
Should the building or buildings to be demolished pursuant to this Agreement be destroyed in
whole or in part prior to demolition, the City may immediately terminate this Agreement.
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 Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
Page 2 of 5
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$300,000 each occurrence
$300,000 aggregate
$100,000 each occurrence
$300,000 each person
$300,000 each occurrence
$100,000 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 VIL 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;
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;
Page 3 of 5
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. 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.
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.
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.
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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:QV&6,,1" ,
o Kenny, President
Date: 3 19 1 b E
APPROVED:
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
COX EXCAVATING
By: ZL41/1
LC<
Title:
Date: ` — 'S
Page 5 of 5
�Mc� CITY OF RICHMOND
50 North Fifth Street
Richmond, Indiana 4 4
rND[A�P chm , 737
(765) 983-7200
PRICE REQUEST
THIS IS NOT AN ORDER
VENDOR INSTRUCTIONS
This is a request for a price or quote for the services or
Cox Excavating
materials described below. Any additional
specifications may be attached hereto. This is not an
2625 US Hwy 27 South
order and the City reserves the right to accept all or
Richmond, IN 47374
part, or decline the entire proposal. Please complete
your full name, address, and phone number below with
signature; itemize all prices and charges where
requested; and attach explanation for any substitution tc
specifications altered. Please return in care of
Purchasing to the address above by the specified date
and time to be considered unless otherwise specified.
DATE
REPLY MUST BE IN
DELIVERY REQUIRED
PAYMENT TERMS
I
February 4, 2005
Februar 17 2005 b 5:00 .m.
DELIVERED
UPON RECEIPT OF INVOICE
QUANTITY
CATALOG NO.
DESCRIPTION
UNIT PRICE
TOTAL
Demolition
(see attached)
A certificate of insurance must be
included with your bid to be
considered.
K
]PRICE REQUEST
Bids must be enclosed in a sealed
envelope with the project name on the
outside.
��
BY
VICKI STEVENS
Bids are to be mailed or brought to the
]Purchasing Department in the Richmond
Municipal Building at 50'North 5th Street.
NAME OF FIRM QUOTING
j ' AUTHajZED BY
DATE
��— 3 2 0;
State Tax Exemption No. 003121909-001
Phone No
�CNfI PAGE _I___OF a- I
Proposal Sheet
Demolition and/or clean up of
eleven properties
Demolition anti/or Clcan up 417 North 161h Street
1330 North D Street
28 North 1111, Street
414 North 14u1 Street
415 :North 16th Street
314 North 1211' Street
s
s 3-75- �c
$_
e_
624 North 99, Street $ �2 5- 0 _--
/ co
416 South 12th Street $__- __7-
cC
1205) Crosshall Street
eel
o5Ou Fi 13t" Street
tea'
302 North 121h Street
Please iriclude a certificate of insurance with your bid.
Earliest start date: -e7l,(-Ie -- 6-5-
Length of time to complete project:
Signature
e4 —4�1
Company
Contact Person
Phone Number Date
Addend -um No, 1. - Proposal Sheet
iI 3IT Pr PAGE 5: OV*'IL