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HomeMy Public PortalAbout083-2023 - Neyria Paving - 2023 sidewalk replacement (2) AGREEMENT THIS AGREEMENT made and entered into this 1/Y11 day of 11( T,(>4 2023, and referred to as Contract No. 83-2023 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 Neyra Paving, 10750 Evandale Drive, Cincinnati, Ohio, 45241 (hereinafter referred to as the "Con actor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the removal and replacement of alleys, driveways, and sidewalks at certain locations for the City of Richmond, Indiana (the "Project") pursuant to the Bid Specifications for the 2023 Sidewalk Replacement Project. Bid Specifications dated March 12, 2023, have been made available for inspection by Contractor, are on file in the office of the Director of Purchasing 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 Request for Responses dated March 23, 2023, is attached hereto as Exhibit A, which Exhibit consists of five (5) 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 which are incidental to the prop a 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. Contract No. 83-2023 Page 1 of 7 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 amount not to exceed One Hundred Ninety-two Thousand Six Hundred Three Dollars and Seventy-five Cents ($192,603.75) 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 the completion of the project, which completion shall be on or before July 29, 2023. A penalty will be assessed and deducted from Contractor's retainage in the event services are still being performed by Contractor under this Agreement in the amount of One Hundred Dollars ($100.00) per day for each day past the time for completion as set forth above. 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. Page 2 of 7 • 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 inpracticable. 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 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 Page 3 of 7 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 al 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 Contractnr 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 Page 4 of 7 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 stennination 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 In ana 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 employme 0,t, 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 acting 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 wkich 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. Page 5 of 7 C. Both City and Contractor agree to comply with all applicable Americans with Disability Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements. D. 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 for negligence 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. 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, whether or not suit is filed. [Signature Page to Follow.] Page 6 of 7 • 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. 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, NEYRA PAVING INDIANA by and through its 10750 Evandale Drive Board of Public Works and Safety Cincinnati, OH 45241 ve--;// • By: 6/6,6,,ta Vicki Robinson, President ....„ ) By:_7 Printed: (.3-95 (.4 ,mily P mer, Member By: Title: p" itA A es_ Matt Evans, Member Date: Date: Slq APPROVE DTZtTt Sno Mayor Date: Page 7 of 7 BID SHEET SIDEWALK REPLACEMENT PROJECT 2023 BASE BID ITEM DESCRIPTION TOTAL QTY UNIT PRICE TOTAL 1. 4 "SIDEWALK 1,529 SY -75 t ,3) 933.15 2. 6" DRIVEWAY GO SY i 34 .00 (.01 0 4000 3. 8" ALLEY 76 SY I WO.PO j lb, (04o.co TOTAL BASE BID......................... .................................................... ........ 0.2, 603 .7-5 /(1 rc, PAv; Company Name 31g-49-3 Autho zed Signature Date EXHIBIT •:k PAGE k 0 F • ya •:4`- % CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 t ;X 1 Slob Form 52414(R2 P2.13)/Form 95(Rovbsod 2013) „ Prescribed by Stile Board of Accounts r . PART I (To be completed for all bids. Please type or print) Date (month, day, year),_.___.~3Jad-/?-3._...___.___._._..__ 1, Governmental Unit(Owner): Cy 0,- prc �i✓►'Lort a 2. County c- _o_ef 3. Bidder (Firm): 1"C. .ra_.. M/I rl ___.._____._._. Address: I 07 60 Gve✓telG IQ, Or City/State/7-IPcode:_.. L '^G14t144-ri ©HyS..1N( 4. Telephone Number: em l3)?. _ _"I©v i ___..__ __. ____.. _ 5. Agent of Bidder(if applicable):, V 5- T'r svranc a- ,5efoc. e S_________... Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of_ t i .y o P .e-;c 11.wto.ncit , (Governmental Unit)In accordance with plans and specifications prepared byrk- Pavel-1 and dated 3/a 4?-/ 73 ._. . .._____for the sum of Cie, I-{''rt�reci �i�tti y.T oSL. 14.Adred 't t - /�`$ 1 9�, (0©3, 75 is The undersigned further agrees to furnish a bond or 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 with 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 units must be the same as that shown in the original contact if accepted by the governmental unit, If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, If any, shall not discriminate against or intimidate any employee, or applicant for employment, to he 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 applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). I hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. EXHIBIT fj .PAGE 1 OF 51 ' ' . . ^ , ACCEPTANCE ! Thn above Ndix accepted this day of xu�ax b�ho --' ------ \ / following conditions: _ | - ------ — ------ ---- ! ` Contracting Authority Members: | / ___- / / ------------- PARTU (For of$150,0D0ormorn-IC36'Y'Y2'4) . ' uvvvmveonw Unit: ` Bidder(Firm) � nn) J ' h%"� Date /monh� de� voad� / -Fhese statements to be submitted under oath by each bidder with and as a part of his bid, Attach additional pages for each section auneeded. | SECTION | EXPERIENCE QUESTIONNAIRE ' i 1. What public works prT)JeGts has your organization completed for the period of one (1) year prior to the � date cfth current the i . / � Completion Contract Amount Class of Work Date Name and Address of Owner --- U� � -' '- ' '�~� -~ -- / - �y\ 1�J' }4 l /fp �� ' �m _. p '��v ��~« »w � ! 2. What public works projects are now in process of construction by Your organIzation7 Expected Contract ArTIOUnt Class of Work Completion Name and Address of Owner Date i ^' 3 � a log 00 / `~& � | ] � K EIB L ------/--- ---' ( / __-_� • 3, Have you ever failed to complete any work awarded to you? If so, where and why? 4. List references from private firms for which you have performed work. - Et _ MA 114.3_<c 12-0 We. U)' siCort5u- Cur si-eoci-',o v - are 66r Di- Co vt,sh-LO-io Mark- 1144-C tLy'i)64)S13"; CY‘reG61 0 60f151-.(VC.41.1)6/ 1() AC'e"N 5 S lac, Prt, Cxec. Lie SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work, (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) 1..70 u\dcLve ae - Es 4-"eca ot.2r e,4 s .12 . pct.() 34u2- Re eet coy.] poor bk --o- A.- Lao d 5 p c _61 pert-err, }Ad., pleAv 4001 r&P (-44,2_ roor 01- 0,1 I tic..c.6- °vice. 2. Please list the names and addresses of all subcontractors (i.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. 4 :f0- 5 8-kr. 544-e S(Y.( M.0 T , Loc. lewd ON Bnr_ IA PAGE Li OF 5- f , '^ . . ` . .. . , ' 3. If you Intend to sublet any portionof the work, state the and address of each s ubmm tractor, � "y=p=' °'""""^" "x the subcontractor, and Whether" You will require ~ ~~"~. ' '~~e``'' ^if you are | unable hz currently provide o listing, please understand a listing Must bo provided prior hxcontract approval. Until the completion of the proposed project, you are under o continuing obligation to immediately notify the governmental unit|n the event that you subsequently determine that you will use o | subcontractor on the proposed project. | . . / ^' @ > _� '-_--_-----_ � / --- ------- ----- ----- ! / ' | ' 4. What equipment do you have available to use for the proposed project? Any equipment hz be used by subcontractors may also bo required tobo listed by the governmental unit. . AI~'J C cp,/,Lr, 4"4!�L - - -- ------ - ------- ----- --- ' ' 5. Have you entered iniocontracts or received offers for all materials whidi substantiate the prices used in � preparing your proposal? |f not, please explain the rationale used which would corroborate the prices � Uahad. � L '� L ]� sL ' *� . o�� �__-_ v�&CACL) �5*)�p\' ���' ��-~ __- - ' / � . 4 °� . � _ 0 V�� r�=_ �� -__ __ ^^ ! | ' SECTION U| CONTRACTOR'S FINANCIAL STATEMENT ' Attachment of biddor� financial doh:mon( Is mandatory. Any bid submitted without said financial ! statement as required by Statute ohoU thereby be rendered Invalid. The financial statement provided hereunder to � the governing body awo,dingi,the contract must be specific enough in detail so that said governing body can make i a proper determination of the tddder's capability for completing the project if awarded, ' � En, [T Q PAGE S' OF ��_ �