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HomeMy Public PortalAbout194-2021 - Code Enforcement - Cox Excavating Plus - Porch Removal 2110 & 2116 East Main Street ORIGINAL AGREEMENT THIS AGREEMENT made and entered into this '1 day of VAS✓ , 20 2-i, and referred to as Contract No. 194-2021, by and between the City of Richmond, Indigiia, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Cox Excavating Plus LLC, 4971 US 27 South, Richmond, Indiana, 47374 (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 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 is as follows: Front porch and steps only-down to grade level-2110 E Main Street,Richmond,Indiana $3,125.00 Front porch steps only-down to grade level-2116 E Main Street,Richmond,Indiana $3,125.00 TOTAL: $6,250.00 An advertised bid solicitation for bids to be opened on December 2, 2021, had previously been made available for inspection by the City's Department of Code Enforcement, and quotes were not received by any parties, allowing alternative open market solicitation pursuant to IC 5-22-10-10. The response of Contractor upon said further solicitation is attached hereto as Exhibit A, which Exhibit is dated December 9, 2021, 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 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. 194-2021 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed Six Thousand Two Hundred Fifty Dollars and Zero Cents ($6,250.00) 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. Demolition is expected to start five (5) days after issuance of the notice to proceed. 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. 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 property or any other claims which may arise from the Contractor's conduct or performance of this Page 2 of 6 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 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 Page 3 of 6 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 DISCRIIVIINATION 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; 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. Page 4 of 6 • 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 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. [Signature Page to Follow.] Page 5 of 6 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, COX EXCAVATING PLUS LLC INDIANA by and through its 4971 US 27 South Board of Public Works and Safety Richmond,IN 47374 By: By: Vicki Robinson,President 4-- (0' By: Printed: fl mil Palmer,Member By: g - Title: 0441-CI� Matt Evans,Member Date: Date: ! G2 " a i�'APPROV �: : �_ s,_ „ Sno Date: ( I4 i i'1- Page 6 of 6 Page No: at. Pages root . sox . COX EXCAVATING PLUS LLC. EICATATHEIV 49.71 •US 27 South Richmond, IN.47374 Sr f Cell: 76.5 969-6237 PROPOSAL SUBMITTED.TO PHONE° DATE The City of Richmond IN, (Sherrie Richey) 765-983-7476 12-9-21 STREET JOB NAME - ' 50 N.5Th St. Wreck and remove porch only ClT'F.:STATE AND ZIP CODE: -.JOB LOCATION ..Richmond, IN 47374 2110, 2116 E. Main St. Richmond, IN 47374 ARCHrTECT' DATE OF PLANS . .JOB PHONE We hereby submit;specifications and estimates.for: 2110 E. Main St. Richmond, IN 47374-Wreck and remove porch only down to grade level--$3,125.00 2116 E. Main St. Richmond, IN 47374-Wreck and remove porch only down to grade level--$3,125.00 t VrtipaIt hereby'to°furnish material and labor — complete in accordance:with above specifications, for the sum of: dollars (S 6,250.00 Payment to be made as follows:. On completion All material is'guaranteed to be as specified. :Alt work:to be completed in a:workmanlike /®�./ t Authorized A�j4 r manner according to standard praeitaas, Any alteration or doviadon from above Specifications ,/ 3' Involving extra costs will be executed'only upon written orders,and wilt become an extra- Signature ahtirge over anti above the.estimate, All agreements contingent upon strikes,accidents or j�1 E delays beyond our control: Owner to carry'tire,tornado and other necessary:Insurance. Note: This o i1\ Our workers are fully covered by Workmen s Compensation Insurance Any A hazardo • �• ;�Or material or,underground tanks encountered on the lob is-the owners responsibility: ! dr tivn by US If rt• c ci within ays £C¢p#Fiittt cif: r ti cations — ca.. __---- and conditions are satisfact uthori ed signature> to:do the:work as'specifieda tad above.. Date of Acceptance:: X Signature EXHIBIT PAGE I OFT-1 • DEMOLITION OF PORCHES OF UNSAFE BUILDINGS The City of Richmond Code Enforcement Department is soliciting bids to demolish the following properties: 1. 2110 E.Main Street-Remove Porch Only Down To Grade Level 2. 2116 E.Main Street-Remove Porch Only Down To Grade Level The specification/work required at the site is as follows: • Remove structures as indicated above • Remove all vegetation higher than 12 inches • Clean up and haul away all debris • Cap any sewer and water lines • Break up at least 20% of the basement floor for drainage • Concrete slabs and footings to be removed two (2) feet below grade • Back fill material shall be free of wood and compacted thoroughly • Any underground tanks discovered on the site shall be removed • Cisterns shall be filled as required for basements • Restore the lot to uniform grade with top 12 inches of topsoil • Seed and straw lot.Additional grade inspection will be done after seeding and prior to application of straw • Successful bidder will be 100%responsible for all landfill fees Each successful bidder must obtain all necessary permits and comply with all state and local codes. All properties must be bid individually plus total amount. Bid deadline is Thursday,December 9th, 2021 by 12:00 p.m. Certificate of insurance and E- verify must be provided. The successful bidder(s) must start demolition within five (5) days of the date a purchase order is issued. Any questions about these specifications can be directed to Sherrie Richey at the City of Richmond Code Enforcement Depai tment via phone @ 765-983-7476. EXHIBIT PAGE j____Oo=._'L f, E-Verify Requirements: 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. 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. E Affidavit of Employment Eligibility Verification The Contractor, t 1 ZL affirms under the penalties of perjury that Contractor does not knowingly eploy an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor 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 ail day of , 20- (signature C Co (printed name G