HomeMy Public PortalAbout217-2023 - Smarrelli Contracting - build a pole barn AGREEMENT
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THIS AGREEMENT made and entered into this ( 0111p day of afi 2023, and referred to
as Contract No.21.7-2023 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 Smarrelli General Contractors, Inc., 136 South 2nd Street, 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 construction of a new
60' x 80' pole barn to be located at Fire Station No. 5, 1971 West Main Street, Richmond, Indiana,
in accordance with the plans and specifications prepared by .Maze Design, which services shall be
performed for the Richmond Fire Department(the "Project") and which services shall include,but
shall not be limited to, services to lay out, excavate, install all underground piping and structures,
furnish and lay grade and stone, pour foundation and stemwalls, erect the pole barn structure, and
insulate and finish the interior of the same.
Bid Specifications dated October 22,2023,. have been made available for inspection by Contractor,
are on file in the office of the Manager of Purchasing and in the office of the Chief of the Fire
Department for the City of Richmond, and are hereby incorporated by reference and made a part
of this Agreement, along with any and all addendums to said Specifications. Contractor agrees to
abide by the same.
Portions of the response of Contractor to said Request for Responses dated November 9, 2023, is
attached hereto as Exhibit A, which Exhibit consists of nine (9) pages, and is also hereby
incorporated by referalce and made a part of this Agreement.
This purchase and/or project is undertaken in response to the public health emergency and/or
negative economic impacts resulting from the pandemic. Resources dedicated to this purchase
and/or project fight the pandemic, sustain and strengthen the economic recovery, maintain vital
public services and make investments that support long-term growth, opportunity, and equity.
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 ar completion of all work specified.
Contract No. 21.7-2023
Page 1 of 8
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.
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed the total amount of Three Hundred Seventy-
one Thousand Seven Hundred Fifty Dollars and Zero Cents ($371,750.00) 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 satisfactory completion of the project, which completion is anticipated to take no longer than
one hundred twenty days (120) days.
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 r improper use of funds provided under this Agreement;
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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.
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. WITHHOLDING, RETAINAGE, AND CLAIMS FOR PAYMENTS
Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the
City must provide for the payment of subcontractors, laborers, material suppliers, and those
perfoiming services under a public works contractor and further agrees that in the event Contractor
fails to timely pay any subcontractor, laborer, or material supplier for the performance of services
or delivery of materials under this Agreement that the Board of Public Works and Safety for the
City shall withhold payments in an amount sufficient to pay the subcontractors, laborers, material
suppliers, or those providing services. Contractor further understands, acknowledges, and agrees
that the Board shall proceed with the proper administrative procedures initiated as the result of any
claims timely tiled by any subcontractor, laborer, or material supplier under Indiana Code 36-1-
12-12.
SECTION VI. 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 he 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
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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 VII. 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 ir.dustrial 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 I;aw.
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 l newly hired employees of the contractor through the Indiana E-Verify
program. Contracto: 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
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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 terrninated 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 IXI. IRAN IN VESTMENT 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 with, 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 X. 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 acting on behalf of Contractor
or any sub-co tractor shall in no manner discriminate against or intimidate any employee
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hired for the performance of work under this Agreement on account of race, religion, color,
sex, national igin 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 e 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.
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 XI. 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 XII. 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.
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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.]
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.
Page 7 of 8
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may he affixed on different dates.
,cyfy,7
"CONTRACTOR"
THE CITY OF RICHMOND, SMARRELLI GENERAL,
INDIANA by and through its CONTRACTORS, INC.
Board of Public Works and Safety 136 South 2'd Street
Richmond, IN 47374
By:
Oci-mie 1_45 rce
(11 .
P Imer, Presjett^t Printed:
By:
Matt Evans, Membee Title:
Date:_
Date:
APPROVED: V
.LMMStew, Mayor
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CONTRACTOR'S BUD FOR PUBLIC WORK . FORM 96
State Form s24` (Rm/o-13)/Form cm(Revised 2n3)
' Prescribed by State Board vfAccounts
PART
'Toboonn7phobad/brmllbkfs. F9eaontypeorprinU
--------- ��---- ��--------K������---------
Oate �nonAh' da}| yna��
1. Governmonto| Um CITY . |ND/ANA
2, County: VVAYNE
GK8�R�ELL| �ENERALC0NTRACTC)R8
3. Bidder(Firm): CONTRACTORS_
Address: 136S2NU
City/EKate/Z|pu*de: R|CHK8ONO, |N47374
4. Te|ephoneNumoor 765'962'1378
5. Agent of Bidder(ifaAp0cnbk):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete
FIRE STATION POLE BARN
the public works project of _
(Governmental Unit)i.n accordance with plans and specifications prepared by_MAZE DESIGN, INC.
and dated fnrthe sum of
q e7k.,6&-r _—$--
Thm undersigned further acroea to furnish o bond or certified check with this bid for an amount specified in the
notice of the letting. If alteriative bids apply, the undersigned submits a proposal for each in accordance with the
notice. Any addenclums attached will be specifically referenced at the applicable page,
If additional units ofmate/ia| included in the contract are nendad, the cost ofunits must be the same as
that shown in the original oontract if accepted by the governmental unit. If the bid in to be awarded on a unit
basis, the itemization of theunits shall be shown on a separate attachment.
The contractor and his aubcontraotoro, if any, shall not discriminate against or intimidate any emp|oyee,
or applicant for emp|oymemt, to be employed in the performance of this oontrect, with respect to any matter
directly or indirectly related to employment because of raoe, re||gion, oo|or, nex, 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)
|, the undersigned bidder or agent as a contractor on o public works prcjeot, understand my statutory
obligation to use steel products made in the United States (|.C. 5'18-8-2). | hereby certify that | and all
subcontractors employed by me for this project will use U.S. steel products on this project if awarded. \
understand that violations hareUnder may result in forfeiture of contractual payments.
ACCEPTANCE
The above bid is accepted this day of_________ . aubjecttothe
following conditions: ____
Contracting Authority Men�bers:
- ---- --------- ------ ---------- --- -
���
PART ||
(For projects of$150\OODorn7oro— /{}36'/'12-40
Govamme/Tta| Unit: __�_ K�_CYQFR|CHONO
Bidder (Firm) 3MARRELL| GENERAL CONTRACTORS
Date (nun8h' day,yeud NOVQ� , 2023
These statements to be submitted under oath by each bidder with and as a part of his bid.
Attach additional pageafnr each section ooneeded.
SECTION | EXPERIENCE QUESTIONNAIRE
1. What public works projects has your orgarization completed for the period of one (1)year prior to the
date of the cunantbid?
Completion
Contract Amount Class of Work Date Name and Address of Owner
— What,---works projects are now in process-- of construction by your organization?- -- A11A
, , . . .
3. Have you ever failed 0n complete any work awarded toyou? NO If so, where and why?
- -- -- - ------ ----- -----
4. List references from private firmsfor which h performedwork.
�����
B & F PLASTICS
- __----
PR|K�E% PLA3T/CS. |NC.
VANDOR
TRANSCEND|A
TACON|C
SECTION /| PLAN AND EQUIPMENT QUESTIONNAIRE
1. Explain your plan or layout for performing proposed work. (Examples could include o narrative ofwhen
you could begin wDrk, complete the project, number of workers, etc. and any other information which you
believe would enable the governmental unit to consider your bii)
LAY-OUT, EX%J\VAT|QN, |NSTALLALL UNDERGROUND PIPING AND STRUCTURES, GRADE
AND STONE, EXCAVATE. F[)RK4AND POUR FOUNDATION AND STEK8VVALLS. ERECT
STRUCTURE, INSULATE FINISH INTERIOR
__ ____
---------
----------- _-___-_ -
2. Please list the names and addresses Of all SLAbcontractors (i.e. persons or firms outside your own firm
who have performed part of the work) that you have used on public works projects durinOthepantfive (5)
years along with a brief description of the work done by each subcontractor.
REYNOLD3 SERVICE TECH EXCAVATION
����
PRO LAWN EXCAVATION EXCAVATION
If you intend to suolet any portion of the work, state the name and address of each subcontractor,
equipment to be med by the subcontractor, and whether you will require a bond. However, if You are
unable to currently provide a listing, please understand a listing must be provided prior to contract
approval. Until the, completion of the proposed project, you are under a continuing obligation to
immediately notify,the governmental unit in the event that YOU subsequently determine that you will use a
subcontractor onNhe proposed project.
FLA|GLUK48ER
_...... ---- ____
EXCAVATION
-_ ------------- __
____-____
4. What equipment co you have available to use for the proposed project? Any equipment to be used by
subcontractors may also be required toha listed by the governmental unit.
ANY/ALL REQUIRED EQUIPMENT |SOWNED
' --------- -------- ---------- ------------
____ _ ____
5. Have You entered into contracts or received offers for all materials which substantiate the prices used in
preparing your pnoposa|? if not, please explain the rationale used which would corroborate the prices
listed.
RECEIVED BIDS
' -- -------' -------- --------' --------
_ _____
--- -----' ----
SECTION ||| CONTRACTOR'S FINANCIAL STATEMENT
/#ianhrnont of bidder's financial statement is mandatory. Any bid submitLed without said financial
statement on required byetatu1e shall thereby bo rendered invalid. The financial statement provided hereunder to
the governing body awardiing the contract rriust be specific enough in detail so that said governing body can make
a proper determination of the bidder's capability for completing the project if awarded.
'
SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT
The undersigned bidder oragent, being duly sworn on oath, onyo that he has not, nor has ally other
member, mprmuontatkm, or agent of the finn, cumpany, corporation or partnership represented by him, nrtared
into any combination, collusion ur agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to include anyone to refrain hnm bidding, and that this bid is
made without mfenanoa 4 any other bid and without any agmament, understanding or combination with any other
person in reference tosuch bidding,
-He-hu r1herwayo- hmt-norperuon-orpnraonorhnnarornurporritionrhoarhave-opwiUrocoive-direoUy*p--------
indiroct|y. anyrabate. feo. gift. comm|ssionorthingofva|ueona000untofsuohca|e.
SECTION V OATH AND AFFIRMATION
| HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION
CONTAINED |N THE FOREGOING BID FOR PUBLIC WORKS AF<ETFlUE AND CORRECT.
Dated aL 7:30 AM this Q_. __dayof NOVEMBER __. 2023
(NQme of Organization)
' -------------------
GENERAL MANAGER
- -------- of Person S�gnixg) ---------
ACKNOWLEDGEMENT
|NDK\NA
STATE OF__________
) on
ME
COUNTY OF WAY
NE
Before me, a Notary Public, personally appeared the above-named STEyESHUTE and
swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to before methis 9 day of NOVEK8BER . 2023 _
~ Notai uuxu
U x
K8y Commission Exp|ren: O2'24'2O20 V%JKUkK11
County of Residence:VVAYNE
/�------ -
Please provide the following information:
1.) Earliest date available to begin project. 1 2 1
-2.)-Length of tithe to cOmplete project: `641
3.) A certificate of insurance should be included with your bid.
4.) Guarantee information.
Signature
,17
Company Contact P son
7
Phone Number Date
7 _
2367-1
BID FORM 96 Supplement
BID TO:
City of Richmond, Indiana
Fire Station #5 Pole Barn
Richmond, Indiana 47374
BID FROM: 4P14eiteA"
—Add/e5s-
City / State 17.41ptow10-.0iA, f)
Telephone No. 162- rve
BID FOR:
Fire Station #5 Pole Barn
Richmond, Indiana 47374
PROJECT 2367-1
The Undersigned, having visited the site of proposed construction
of this project, and having familiarized himself with local
conditions affecting the cost of the Work and with all
requirements of the Contract Documents and Addenda thereto as
prepared by Maze Design, Inc. , hereby offers to furnish all labor
and materials required by the Contract Documents and Addenda
thereto for the completion of the Contracts below for which an
amount is provided:
BID SCHEDULE
Base Bid
A,
' eke. , Dollars ($ ;7,1, 7c0. )
C-14‘7
ADDENDA RECEIVED
Receipt of Addendum Nos. , is hereby
acknowledged.
BID ACCEPTANCE
If written notice of the acceptance of this Bid is received by the
Undersigned within 60 days after the date for opening of Bids or
any time thereafter before this Bid is withdrawn, the Undersigned
will, execute the required Agreement and furnish Performance and
Payment Bonds in accordance with the Contract Documents and Bid as
BID FORM 96 SUPPLEMENT 00300 - 1
2367-1
accepted.
If Bidder is an individual complete the blanks An the following box.
— —— --41,i -TESTIMONY-WHEREOFr- the-Bidder -(an individual4-haa-hereunto - -
set his hand this day of 20
Individual
If Bidder is a partnership complete the blanks in the following box.
IN TESTIMONY WHEREOF, the Bidder (a Partnership) have hereunto
set their hands this day of 20
Name of Partnership
Name of Partners
If Bidder is a Corporation complete the blanks in the following box.
IN TESTIMONY WHEREOF, the Bidder (a Corporation) has caused this
Bid to he signed by its President and Secretary and affixed its
Corporate Seal this Q day of AlarY 2026 .
Name of Corporation ;6..e.A4ein/
President
Secretary
(Seal)
HID FORM 96 SUPPLEMENT 00300 - 2
[,; Q q