HomeMy Public PortalAbout215-2023 - Cox Excavating Plus - emergency demo at 618 South E Street AGREEMENT
THIS AGREEMENT made and entered into this Leilday of 30— 't.1 2023, and referred to
as Contract No. 215-2023, by and between the City of Richmond, Indian., 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 Highway 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 emergency 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:
House and Fence—618 South E Street, Richmond, Indiana $10,950.00
TOTAL: $10,950.00
A certain Request for Quotes dated November 14, 2023, 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 November 15, 2023, consists of one (1) page, 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.
Contract No. 215-2023
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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 an amount not to exceed Ten Thousand Nine Hundred Fifty Dollars and Zero
Cents ($10,950.00) 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. Completion is anticipated to be within one (1) week 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 reasorts for such termination, the effective date, and in the case of partial termination,
the portion to be terminated.
This Agreement may also he terminated by the City if a force-rnajeure event occurs and the results or
aftereffects of said eve i 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
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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 Li. ility $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
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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
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.
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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 unde'
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 executing this
Agreement the parties agree that this document supersedes any previous discussion, negotiation, or
conversation relating to the subject matter contained herein.
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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.]
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,
. . . .
In the event that uu ambiguity, qucxtionofintcnt, orunced h`c interpretation nfthis Agreementudmcs,
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 Vil-tUe of the authorship ofany ofthe provisions
of this Agreement.
IN WITNESS WHERFIOF, the parties have cxrcutcdthis Agreement aiRichmond, Indiana, asofthe
day and year first written above, although signatUrCS rnay be affixed on different dates.
"CITY` "C0NT8/\C]'OK"
THE CITY OFKICBMOND` CO% EXCAVATING PLUS LLC
IN[)l/\Nk\ by and through its 4971 US Highvvuy27 South
Board of Public Works and Safety Richmond, IN 47374
By:_ 4 0y�
Emily P Imer, President
By:
-�L
Printed:--
Matt Evans, Member �
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APPROVED: l'
Ron L)|crPbD` Mayor
Uu]c:
Page 7u[7
i)rPage No. of Pages opotztt
COX EXCAVATING PLUS LLC.
,eNj y* r., 4971 US 27 South
Richmond, IN 47374
157 of II)7Z
Cell: 765-969-6237
esoitosAt wisteria).TO PHONE DATE
The City of Richmond 11-14-23
stem YOE SAME
50 North 5Th St. Emergency Demo
CITX STATE AND ZIP coos Joe LOCAnoie
Richmond, IN 47374 618 South E. St. Richmond, IN 47374
ARCHITECT DATE OF PLANS JOB PHONE
We hereby submit specifications and estimates fort
Emergency Demolition and clean-up of unsafe structure, fence line and yard at 618 South E. St.
Richmond, IN 47374. All work to follow bid sheet specifications.
x.*
4.:t0.4,135t hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
Ten Thousand Nine Hundred and Fifty dokars (s 10,950.00 )
Payment to be made as follows:
On completion
At material a guaranteed to be as specified At work to be completed in a workmanlike Authorized
Manner according to standard preolloas Any alteration or deviation from above specificattons Kelly C. Cox
involving extra costs wit be executed only upon written orates,and will become en extra Signature
creme 0lV ant above the estimate All agreements contingent upon strikes,accittents or
delays beyond our control Owner to carry tiro, tornado end other necessary insuranes Note, This proposal may be
Our workers are fully covered by Workmen's Compensation Insurance Any hazardous 30
mamogii or underground tanks linCountsted on the loft is the owners responsibinty withdrawn by us if not accepted within days,
acceptance of .13ropoal The above prices, speddicestdrii7
and conditions are satisfactory An are hereby acceptsci,Wromere sitleicirized Signature - irrr
to do the work as spectrieri-diliiiierit yeilLbetti'aderut1iDedabbve
l"-,77, OF
Date of Acceptance; X SG-nature
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