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HomeMy Public PortalAbout048-2023 - Code Enforcement - Culy Contracting - Clean Up of City Property - 648 S J Street AGREEMENT THIS AGREEMENT made and entered into this , 7,1day of /I/ 4 , 2023, and referred. to as Contract No. 48-2023, 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 Culy Contracting LLC, 5 Industrial Park Drive, P.O. Box 29, Winchester, Indiana, 47394 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the remaining removal and cleanup of the collapsed and partially-collapsed structures on a City-owned premises located at 648 South J Street (State Parcel '11) No. 89-18-05-440-413.000-030) in Richmond, Indiana, which collapses had been due to a fire at said premises (the "Project.), and which services shall include the removal and debris-removal services as more specifically set forth in the Notice to Bidders. A certain Request for Quotes dated January 25, 2023, has been made available for inspection by Contractor, is on file in the office of the Director of Purchasing and 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 is dated February 15, 2023, 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. Contract No. 48-2023 No performance of services shall commence until the following has been met: Page I of 7 1. The City is in receipt of any required certificates of insurance andfor 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 purthase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to he 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 One Hundred Eighty-nine Thousand Eight Hundred Fifty-live Dollars and Zero Cents ($189,855.00) 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. 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 an.d the reasons for termination which shall include but not be limited to the lb wing: 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 Page 2 of 7 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 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 he held responsible. Coverage Limits A. Worker's Compensation & Statutory .Disability Requirements B. Employer's Liability S 1 00,000 C. Comprehensive General Liability Page 3 of 7 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 F. 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-VERITY 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 th.e 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 Page 4 of 7 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 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 he 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 5 of 7 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. Page 6 of 7 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 eftOrts 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. 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" IIIE CITY OF° RICHMOND, CIA,Y CONTRAC;FINCi I,LC INDIANA by and through its 5 Industrial Park Drive, P.O. Box 29 Board of Public Works and Safety Winchester, IN 47394 , . 1 / '1„,71 \ / u d i'/,.(/if, /(9 )(, I 7)0 By:, 1 ?'` (.4.2,1.7..,I}By: _,..,_,A., BY: ._.(..„,.v.„ L, (( ::'"-": !,,,('''(/‘,."1/ii: :: , ,, Vicki Robinson, President 7-- 7 ) 1 .1, -' '---- -----,, , -.4) Printed: By: _77: X, _ mily P diner, Member 1 ' fril#177.;,v < ,-----, By: ' Title: -,„V r ')„,,a„1-.__ __ Matt Evans, Member Date: Date,, ,. I) APPROVE i Date: Page 7 017 OM , r '/I'l /';', ' ' 111 '''°".;;-',.;,' \:''' if Company ID Number: 540615 Inforniation Required for the E-Verify Program nformatlon relating to your Company: Culy Contracting LLC Company Name 5 Industrial Park Drive Winchester, IN 47394 ompany Facility Address P.O.Box 29 Winchester,IN 47394 Company Alternate Address County or Parish RANDOLPH Employer Identification Number 844834795 North American Industry 238 Classification Systems Code Parent Company Number of Employees 100 to 499 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 540615 Approved by: rr.g"TpToVer Only Contracting L LC Name (Please Type oc R int) tale I Sherry P Overmyer Signature Date Electronically Signed 04/09/2012 epartrnertt of Homeland Security-Verification Division lame (Please Type or Print) itie uscis Verification Division Signature ate Electronically Signed 04/09/2012 Page 13 of 17 E-Verify MOO for Employers I Revision Date 06/01/13 CULYCO-001 MBAXTER AC©RO° CERTIFICATE OF LIABILITY INSURANCE DATE 2YV) 3/30/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A'statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NTACT Houchens Insurance Group PHONE Fax 505 Wellington We/ (NC,No,Eel):(859) 263-2771 (NC,Noh(859) 263-1999 Lexington,KY 40S!3 , E-MAIL.__,D YC g —_—_- oliC �hi usa.cam INSURER(S)AFFORDING COVERAGE NAIC# INSURER AAmerisure Insurance Corpp_an11 L9488.......- INSURED INsuRER B:Amerisure Mutual InsuranceCompany 1 23396 Cult'Contracting,LLC INsuRERc:AGCS Marine Insurance Company 22837 5 Industrial Park Dr PO Box 29 INSURER D Winchester,IN 47394 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER {MMIDDtYYYY) ldll!/pp/yyyY) LIMITS A X COMMERCIAL GENERAL LIABIUTY 1,000,000 EACH OCCURRENCE. $ CLAIMS-MADE X OCCUR X CPP21143240201 4/1/2022 4/1/2023 PREMISES lEa©cccrrence) _$ 100,000 X Includes XCU MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENt AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X ROT X LOC PRODUCTS•COMP/OP AGG $ 2,000,000 OTHER: _ $ A AUTOMOBILE LIABILITY CfEe aOMcci eBINEDntl $SINGLE LIMIT 1,000,000 —_.. X ANY AUTO CA21143210201 4/1/2022 4/1/2023 BODILY INJURY(Per person) $ I OWNED SCHEDULED AUTOSRRDD ONLY AUTOS WN BODILY INJURY(Per accident) $ X AGTEOS ONLY X A�TtS ONEY (Per PROPERTY DAMAGE $ X MCS-90 $ B X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CU21143220202 4/1/2022 4/1/2023 AGGREGATE $ 5,000,000 DED X. RETENTION$ © $ A WORKERS COMPENSATION X PER AND EMPLOYERS'LIABILITY YIN STATUTEH ER WC21143230201 4/1/2022 4/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ O FICEtery In NH)R EXCLUDED? PI N I A 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Leased/Rented Equip SML93085371 4/1/2022 4/1/2023 Leased/Rented Equip 150,000 C Installation Floater SML93085371 4/1/2022 4/1/2023 Ded$1,000 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate holder is additional insured by written contract with respects to the general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Richmond,IN 50 North Fifth Street (Richmond.IN 47374 ACORD 25(2016/03) 0 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Affidavit of Employment Eligibility Verification The Contractor, Culy Contracting LLC , affirms under the penalties of perjury that Contractor does not knowingly employ 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 his 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 17th day of February , 20 23 (si • ature) - Doreen M. Culy, President (printed name) • DAVE SNOW Mayor NO" EMILY PALMER / NIYIA City Controller CITY OF RICHMOND DEPARTMENT OF FINANCE 50 NORTH FIFTH STREET - RICIIMOND,IN 47374 PHONE (765)983-7218 - FAX(765)983-7212 AUTHORIZATION TO PROCEED WITH PURCHASE (for individual capital purchases, annual cumulative capital purchases, and individual purchases for services and/or supplies and public works projects in excess of$5(00) Date: 2/27/2023 Department/Division: Code Enforcement Requested by: Derek Hill Project or hem: _648 S J St Cleanu and Debris removal_ Total estimated cost: 189 55.00 Are there sufficient funds available in the appropriate account to cover proposed costs'? Yes If so, what account number will be used? 2240.0108.301.300t - $63,285 V 2240.0108:A01:A990 - $6:1,28. / 2240.0t08„508.311 - S635 COMMENTS: Sig,nature gnature (Dept. Head) ontroller) Date: 2/27/2023 Date: 46t/cir 745 Please return a copy of this form after approval, to Purchasing along with specifications and any suggested vendors. A copy of the bid documents will be sent to you, which will include the date of when bids are due.