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HomeMy Public PortalAbout010-2013 - Sanitary - Culey Contractors - On Call Emergency SerAGREEMENT THIS AGREEMENT made and entered into this day of 2013 by and between the City of Richmond, Indiana, a municipal corporation acting by and rough its Board of Sanitary Commissioners and its Storm Water Management Board (hereinafter eferred to as the "City") and Culy Contracting, Inc., S Industrial Park Drive, Winchester, Indiana 47394 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for the performance of construction services for emergency repair work for the Richmond Sanitary District and/or Storm Water Management Board on an on -call, as -needed basis. A Request for Quotes dated December 12, 2012 has been made available for inspection by Contractor, is on file in the office of the Sanitation Department, 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 dated December 21, 2012 and is attached hereto as Exhibit "A," consisting of two (2) pages, which Exhibit is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide, as needed and requested, all equipment and services listed on Exhibit "A." 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 22-5-1.7-1 1(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 a sum per construction service component, listed in Exhibit "A," utilized, as -needed, delivered, in accordance with the prices quoted by the Contractor in Exhibit "A," for the term of the Agreement. Materials will be reimbursed as provided in the specifications attached in the Request for Quotes incorporated in this Agreement by reference. Contract No. 10-2013 Page 1 of 7 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective January 1, 2013 and shall continue in effect until December 31, 2013. 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 by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 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. Coveraze A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Limits Statutory $100,000 $1,000,000 each occurrence Page 2 of 7 $2,000,000 aggregate Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $ I,000,000 each occurrence $1,000,000 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 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. Page 3 of 7 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. 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. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. Page 4 of 7 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. 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. Page 5 of 7 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. 44CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: Sue filler, President Date: '/C� D 3 THE OfY OF PACHMOND, INDIANA by and through its Storm Water Management Board Date: J. APPROVER- �ck A Sarah L. Hutton, Mayor Date: Stephanie Hays-Mussoni, President Sue Miller, Vice President Gilbert Klose, Member Page 6 of 7 "CONTRACTOR" CULY CONTRACTING, INC. By: pow d�� Printed: ( Aaron Anderson_ ) Title: Vice President Date: January 29, 2013 Page 7 of 7 PRICE REQUEST UR y° 4 2 i+ o � Ipi ! i C ff OF MCHMOND DEPARTMENT OF SANITATION 2380 LISERTYAVENUE.RIC11MOND,1"NNI7TANA 47374 PHONE (765) 983-7450.PAX(765) 962-2669 THIS IS NOT AN ORDER VENDOR INSTRUCTIONS This is a request fora price for the services of materials described below, Any additional specifications may be Culy Contracting attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. PO Box 29 Please complete your full name and phone number below with signature; itemize all prices and charges where Winchester, IN 47394 requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: December 12, 2012 December 21, 2012 by 10:00AM UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for Construction Services for Emergency Repairs. Please see attached specifications. All E-Verify requirements and Indiana Local Preference Claims will apply to this quote. Please include a Certificate of Insurance, which must include Worker's Compensation (insurance limits enclosed), and. Warranty Information with quote. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Svc Mgr 2380 Liberty Avenge Richmond, IN 47374 Re: Construction Services for Emergency Work Please itemize all charges on attached Bid Sheet. If you Have any questions Dlease call ElHah Welch at 765-983-7483. STAT.EtTAX EXEMPTION # 003121909-001 NAME OF FIRM QUOTING: Culy Contracting, I nc. AUTHORIZED BY SIGNATURE Vice President TITLE V-/1 V—JA V `'-" 12/21/12 Richmond Sani ry District DATE EXHIBITS PAGE �.0 765-584--8509 PHONE NUMBER CONSTRUCTION SERVICES FOR EMERGENCY REPAIR WORK BID SHEET 12/10/2012 Item No. Description Units 2013 Unit Price Mobilization/Demobilization 1 2 Man Crew Hr $ 120.00 $ 114.00 2 3 Man Crew Hr $ 165.00 $ 156.00 3 4 Man Crew Hr $ 210.00 $ 198.00 4 Tri-Axle Dump Truck with Driver Hr $ 80.00 $ 75.00 5 Tandem Axle Dump Truck with Driver Hr $ 70.00 $ 70.00 6 Backhoe without Operator Hr $ 35.00 $ 40.00 7. Excavator without Operator (30,000 to 44,000 lb) Hr $ 65.00' $ 100.00 8 Excavator without Operator (45,000 to 80,000 Ib) Hr $ 95.00 $ 150.00 9 Payloader without Operator Hr $ 55.00 $ 100.'00 10 Trench Box (0 - 10 8 Deep) Day $ 80.00 $ 100.00 11 Trench Box (10 - 20 $ Deep) Day $ 200.00 $ 200.00 12 Vac Truck w/ Jetter Hr $ 19 5.00 $ 2 7 5.0 0 , I have received addendum number(s) N/A , and the prices in this bid reflect these changes/clarifications. Culy Contracting, Inc. Contractor _A 12/21/2012 Authorized Signature Date EXHIBIT PAGE - OF-2 OP 1D: JD ,acoR17' CERTIFICATE OF LIABILITY INSURANCE �..� DATE 120/ 2 1220/12 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(Ees) must 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 765-468-66555 Thompson Group - Parker 12703 W SR 32, PO Box 298 765-468-7639 Parker City, IN 47368-0299 Anson R Thompson CONTACT PHONE FAX MC No): AIC No Exf : MC, E-MAIL ADDRESS: PRODUCER CULYC-7 CUSTOMER ID #: INSURERS AFFORDING COVERAGE NAIC 9 INSURED Culy Contracting, Inc 5 Industrial Park Dr Winchester, IN 47394 INSURERA: Liberty Mutual INSURER B : INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES 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 LTR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM1DD POLICY EXP MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_V7 OCCUR BKA13 55051241 04101112 04/01/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO REN PREMISES Ea occorrenceL $ 300,000 MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FX PRO LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Ben. $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL O W NED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAS1355051241 04101/12 04/01113 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X X $ $ A X UMBRELLA LIAR EXCESS LIAR OCCUR CL.41MS-MADE US013 55057247 04/01/12 04l01113 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ DEDUCTIBLE RETENTION $ Q $ X $ A WORKERS COMPENSATION ANDEMPLOYERS' LIABILITYYIN ANY PROPRIETORIPARTNERIEXECUTVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A XWW1355051241 04/01/12 04/01/13 WCSTATU, OTH- TORY LIMITS ER EL, EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1 $ 1,000,000 A A Commercial Applica BKA13 55051241 04101/12 04101113 RentILeas 250,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Office & contractors yard for Cuiy Contracting & Transport CITYR-3 City of Richmond Dept of Sanitation 2380 Liberty Ave Muncie, IN 47374 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 © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD