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Home My Public Portal About124-2013 - Airport & Street - Milestone Contractors - Milling & paving for Street - Milling at AirportAGREEMENT THIS AGREEMENT made and entered into this 111 day of t 2013, and referred to as Contract No. 124-2013 by and between the City of Richmond, ndiana, a municipal corporation acting by and through its Board of Public Works and Safety and its Board of Aviation Commissioners (hereinafter referred to as the "City") and Milestone Contractors, L.P., 824 Dillon Drive, P.O. Box 2061, 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 2013 Phase III Milling and Paving Project for the City of Richmond, Indiana and Milling for the City of Richmond Airport (the "Projects"). Bid Specifications dated July 20, 2013, have been made available for inspection by Contractor, are on file in the office of the Director of the Street Department and 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 is attached hereto as Exhibit A, which Exhibit is dated August 8, 2013, consists of twelve (12) 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 fumish all labor, material, equipment, and services necessary which are incidental to 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. 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. Contract No. 124-2013 Page l of 6 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Three Hundred Fifty-two Thousand Five Hundred Eighteen Dollars and Seventy-seven Cents ($352,518.77) 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 November 30, 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 Ieast 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. 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. 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 performing 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 filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12, Page 2 of 6 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 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 A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 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 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. Page 3 of 6 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 IXI. 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 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 -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; Page 4 of 6 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 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 parry. 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. 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 Page 5 of 6 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" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By:�"�'�/ Vicki Robinson, President Dian Lawson, Member I)k By: 4" Anthony L Foster, A, Member Date: D-°qv 3 THE CITY OF RICHMOND, INDIANA by and through its Board of Aviation Commissioners By: Z/-" t t Darlene Fleming, President/ Date:l�jZ�/ 3 APPROVE6J��/Waa� Sarah L. Hutton, Mayor Date: ? 3 "CONTRACTOR" MILESTONE CONTRACTORS, L.P. 61 C"I 824 Dillon Drive, P.O. B 2061 0�a•c. Bch ond, IN 477 G �'�� (I�w�.► e� LIN Title: Date: 3 Page 6 of 6 EXHIBIT 1� PAGE—LOF o N O U CO U ui N K � c4 to m U x iL m a W 0 O a 1 ° LL m M K a u¢ a � 0 z0 v O m w ❑ LL- fi V) of i 2 z ooCp z a p O E o 0 U tO u J N W U m Q a � ❑ if a � m EXH#BIT FV PAGE 2 dl~4-1 PROPOSAL SHEET 2013 Millhig/Paving-Phase 3 PROJECT # 1-- Rich Road -from Williamsburg Pike to N.W. 11th Sheet $ Rich Road-froin N.W. 11th Street to Salisbury road (This section of the street will only be milled 25' ors each side of the bridge structure. The remainder of the street will not be milled) Raise 2 manholes Mill 1-1/2", Surface 1-1/2" V-)q SPA s• COST 113,370.30 2 — N.W. L Street-frorn N.W. 5th Street to Salisbury Road (rhis $ 127 149.12 street will only be milled .from NT.14,V 5th Street west 242' and 25' on each side of the bridge shxicture. The remainder of the street will not be milled) Raise 9 manholes Mill 1-IM, Surface 1-1/2" 3 —North 15th Street -from East Main Street to North E Street Mill 1-10', Surface 1-1/2" 4 — North G Street -from North 13th Street to North 15th Street Raise and replace 1 casting Mill 1-112", Surface 1-112" 5 — North H Street -from North 15th Street to North 17th Street Mill 1-1/2", Surface 1.-1/2" 6 -- lucHMOND MUNICIPALAIRPORT-5169 S. STATE, ROAD 227 Airport Asphalt MilliDg-contractor shall mill 1-1/2" of asphalt between hangers as shown on aerial drawing. Contractor shall mill as close to hangars as possible and shall utilize whatever means necessary to ad-deve a depth of 1-1/2" of asphalt removal from edge of hangar floor. The Street Dept. will haul material and sweep. Total area is 30,132 SF. Please $ 61,107.70 $ 18,172.48 $ 22,09197 Lump stun price $ 4,687.20 unit price if additional milling will be required $ 1.40/Square Yard EXHIBITS PAGE OF 1 MANHOLES Project 1- raise (2) mauholes Price (EACH) = $495,00, Fxtended Price= $990.00 Project 2 - Raise (9) manholes Price (EACH) = $495.00, Extended Price = $4,455.00 Project 4 - Raise and replace 1 casting Total Price=__ $495.00 PLEASE PROVIDE THE FOLLOWING INFORMATION WITH BID: Earliest date available to begin project- September 3 2013 Length of time to complete the project- 10 Work days A current Certificate of hisurance. according to City's required Ihnits should be included with the bid. Guarantee information. Signature David Mears, Milestone Contractors, L.P. by Contractors United Inc. - General Pa er Company (7-65) 939-1067— Phone Dumber David Mears Contact Person Ai gist 8 2013 Date EXHIBIT A PAGE OFF a Tyr d= 1� CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 Shle Form 52414 (R /9-10) ! Forth 96 (Revised 2010) Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or print) Date: AUGUST 8, 2013 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, Governmental Unit (Owner): INDIANA 2. County: 3. Bidder (Firm): MILESTONE CONTRACTORS, L.P. Address: 824 DILLON DRIVE f PO BOX 2061 City/State: RICHMOND, INDIANA 47374 / 47376 4. Telephone Number: (765) 935-4231 5. Agent of Bidder (i€ applicable): DAVID MEARs Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project Of BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA (Governmental Unit) in accordance with plans and specifications prepared by CITY OF RICHMOND and dated JULY 2013 for the sum of SEE ATTACHED SFE ATTACHED PROPOSAL SHEET $ PROPOSAL SHEET 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 additonal units of material included in the contract are needed, the cost of the units must be the same as that shown in the original contract 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 be 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. (1,C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. understand that violations hereunder may result in forfeiture of contractual payments. . EXHIBIT PAGE pF� ACCEPTANCE The above bid is accepted this day of , subject to the following conditions. Contracting Authority Members: PART II (For projects of $100,000 or more -- (IC 36-1-12-4) Governmental Unit: BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA Bidder (Firth): MILESTONE CONTRACTORS, L.P. Date: AUGUST 8, 2013 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Completion Date Amount Class of Work Name and Address of Owner 3,425,698.10 CONCRETE PAVING 2012 INDIANA DEPARTMENT OF TRANSPORTATION R-33028-A 41 W. 300 N. CRAWFORDSVILLE, IN 19,602,461.38 ROAD CONSTRUCTION 2012 INDIANA DEPARTMENT OF TRANSPORTATION IR-28974-A 32 S. BROADWAY, GREENFIELD, IN 6A44,420.52 ROAD CONSTRUCTION 2012 INDIANA DEPARTMENT OF TRANSPORTATION R-31289-A 41 W. 300 N. CRAWFORDSVILLE, IN 2,#41,955.00 ROAD CONSTRUCTION 2012 INDIANA DEPARTMENT OF TRANSPORTATION R-29613-A 32 S. BROADWAY, GREENFIELD, IN 2. What public works protects are now in process of construction by your organization? Contract Class of Work Expected Name and Address of Owner Amount Completion Date 5,166,475.50 ROAD CONSTRUCTION 2013 JOHNSON COUNTY HIGHWAY WHITELAND RD RECONSTRUCTION 1051 HOSPITALRD., FRANKLIN, IN 74,167,219.00 ROAD CONSTRUCTION 2015 INDIANA DEPARTMENT OF TRANSPORTATION IR-33737-A 3650 SOUTH US 41, VINCENNES, IN 23,940,23#.84 ROAD CONSTRUCTION 2013 INDIANA DEPARTMENT OF TRANSPORTATION IR-30850-A 32 SR 25 315 EAST BOYD BLVD., LAPORTE, IN 5,209,368.49 ROAD CONSTRUCTION 2014 INDIANA DEPARTMENT OF TRANSPORTATION R-30987-A 3650 SOUTH US 41, VINCENNES, IN EXHIBIT_A PAGE OFF G Z O Q M a Q 1_t h z w 2 w CL t� U3 TS (3) U C" C~1 U p y r 0 U o U 03 U c Y rn oW U Y rn o o Q a a c o o m `� cn 0 ID c' N 4s O m p � w 43 m 0 c U O 6j G N o U O7 U y U U U Ql U •IXf C31 o O 'C O '� O O ccN• C O •� C i51 (D Cq fY3 CO U { i w [i3 U m U7 U Ui U [J 1 r 0) 0J 0 CO V O N O O 0o "q rr lf1 'CY 00 LO co t7 O'> O O'> O It O T (3] N O O N u) f- m O O LO fti O O O N 00 o T �h f� O W N T� OQ ui EfY O m (D � `1 u1 T 00 00 N M 0�0 6�7 07 1 N ! 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(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,) WORK TO BE ASSIGNED TO A GENERAL SUPERINTENDENT WHO WILL HAVE DAY TODAY RESPONSIBILITIES OF THE JOB. 2. Please fist 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. SEE ATTACHED SUPPLEMENTAL 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used 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 on the proposed project. TO BE SUBMITTED UPON AWARD OF CONTRACT 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. SEE ATTACHED EQUIPMENT LIST. THE EQUIPMENT UTILIZED WILL BE THAT NECESSARY TO COMPLETE THE JOB. 5. Have you entered into contracts or received offers For all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. YES WE HAVE RECEIVED OFFERS SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must 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. SEE ATTACHED FINANCIAL STATEMENT EXHfBIT FACE _jZ:OF_C& SECTION IV CONTRACTOR'S NON -COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or 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 from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combinaton with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sate. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at RICHMOND, INDIANA this e day of A ST 2013 MILE57 E CON7 C RS . . SY G CONTRACTO UN TED N G L PART ` ORF'O,p , ��A ame a n' on) 0. �ABy A DAVID NiEARS, KRECTOR OF ESifMATENG (Title of Person Signing) ACKNOWLEDGMENT STATE OF INDIANA } )ss: COUNTY OF WAYNE . ) Before me, a Notary Public, personally appeared the above -named David Mears and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 81" day of AUGUST, 2013, Notary P I NOTARY MALINDA S. G VER l PUBLICMy Commission Expires: JANUARY 29, 2019 t County of Residence: WAYNE