HomeMy Public PortalAbout109-2021 - Code Enforcement - B&B Construction - Demolition of 2 Unsafe Properties - 51 S 15th St & 415 N 18th St ,
AGREEMENT
THIS AGREEMENT made and entered into this aitell day of e f ,2021,and referred to
as Contract No. 109-2021,by and between the City of Richmond, diana, a municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City")
and B&B Construction of Richmond, Inc., 2336 New Garden Road, Williamsburg, Indiana, 47393
• (hereinafter referred to as the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform services in connection with the demolition of certain
structures previously deemed by the Richmond Unsafe Building Commission to be unsafe properties,
all of which are located in Richmond, Indiana (the "Project"), which services shall include
demolition, removal of debris, and restoration of the site as more specifically set forth in the Notice
to Bidders. The structure(s)are as follows:
51 South 15th Street(House and Garage) $13,000.00
415 North 18th Street, also known as 1807 North E
Street(State Parcel No. 89-18-04-120-120.000-030)
(House and Detached Garage/Boat House Structures) $11,000.00
TOTAL: $24,000.00
A certain Request for Quotes dated June 22, 2021, has been made available for inspection by
Contractor, is on file in the office of the Director of the Department of Code Enforcement 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 Quotes is attached hereto as
Exhibit A,which Exhibit was received August 5, 2021, consists of one (1) page, and is also 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.
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Contract No. 109-2021
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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
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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 an amount not to exceed Twenty-four Thousand Dollars and Zero Cents
($24,000.00) for complete and satisfactory performance of said Project as set forth above and as set
forth on Contractor's quote(Exhibit A).
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.
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;
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.
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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.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
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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
C. 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
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
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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 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
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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;
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 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
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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 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.
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[Signature Page to Follow.]
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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.
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, B&B CONSTRUCTION
INDIANA by and through its OF RICHMOND,INC.
Board of Public Works and Safety 2336 New Garden Road
Williamsburg,IN 47393
By: G `` By: ' a), I,Ati(14_
Vicki Robinson,President
By: Printed: IWO1 I Q'
Emily Palmer,Member
Ai
By --'' Title: OFffW I .
Matt Evans,Member
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APPROVED: f Date: 9,7_3_62/
.Sn or
Date: 1,2-1 z.-f
3'.
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• Est ate•71421 B&B Construc con of Richmond Inc. 1 2330 New Garden Road •
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w uriatasbarg,.IN 47393
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Phone 765-847-SO0T •
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Jab 1<}escription
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_ This'estimate is fin work to be completed for the City of Richmond Code
Enforcement Department Includes properties of complete demolition and Clean i•
up. Property location and cost,per property,.is listed below. .1
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•Job Scope:
1. Remove.strn sores i
2. R.emov�Yegetation higher than 12 inches
• 3, (leanrep and haul away debris 11
4. Cap any suer and water lines _ '•
' • . '5, L'realr up at least 20%of the basement floor for'drainage
6. Concrete slabs and footings to be removed two (2)feet below grade i
7. g>p material shalt be free of weed clad competed thoroughly . .
$, •Any un erground tanks.discovered on site shall be removed
9. Cisterns shall be filled as required for bas •
ement •
It Restore Tot to arm grade with top 12 inches of topsoil i
IL Seed.ands€r w lot
I$emized Rite i
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-Demolition of Properties:
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1. House and Garage located at51 South 151h Street,Richmond $13,000�10 ! •
(House.$10,000.00 - Garagc.$3,000,00) :
. 2. (2)Houses located at 415 North 185.Street,Richmond and 811,900.00
house located at 1807 North E Street,.Richmond.
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' $24,it00.OQ �
Total for both pro jet ts:
'his edbmpdgapplies ardy tn.the job descri led above,All matcrials are Owed),arB&B Cm etrnc6ao ofB?ehmonhUue.nab'I • ;
esi imate dog noiluelede addtfonal maluiaharlabar that may be raquira3 due to angunttnreaeen
paefgemi li t arise
Fbia is eerrinnfe may be withdrawn it ant aeeeptedwithinZITdeys.All work tuba
bin,p1 fa that arise anectbeSab lots be,m T5
¢amplt frfi bu a-Workmanlilte weenier.Our-writers irefully revered by Wai l:mores Compensa@on insurance.Paynieatte be
made is follnwg stoompletin OF
EXHIBIT -PAGE
Anthoripil;Signs "
Date . - . - •- .
Acceptance of Proposal;the strove prices;conditions,and specifications are satisfactory,and are
hereby aeeepted.You are authorized to do the work as speeded-Payment to.be made as outlined
above- r
Anth.orized
XHIBiT PACE O�_ .
D
lEXHIBIT�4 PAGE f OFF
E-Verify Requirements: •
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Definitions:
E-Verify Program - An electronic verification of work authorization program of the Illegal
Immigration Reform and Immigration Responsibility Act of 1996(P.L. 104-208),Division C,'Title
. IV, s.403(a), as amended, operated by the United States Department of Homeland Security or
successor work authorization program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work authorization status of newly hired
employees under the Immigration Reform and control Act of 1986(P.L. 99-603).
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.
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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.
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Affidavit of Employment Eligibility Verification .
The Contractor, affirms under the penalties of perjury that
Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed i
and does not employ any employees, Contractor verifies he or she is a United States citizen z
or qualified alien.
The Contractorr 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 Contractor 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 statement is true. .
Dated this ! day of ,2001-1
4Lt& L
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. c5411ittot4 I- Attaid, .
(printed name)
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