HomeMy Public PortalAbout108-2012 - Metro - Cox Excavating - Demolition of houses NSP ProjectAGREEMENT
THIS AGREEM[Elff made and entered into this /day of Aed, .2012, and referred to as
Contract No. -2012 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 Cox Excavating Plus LLC, 4971 U.S. 27 South, Richmond, Indiana, 47374 (hereinafter referred
to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for the demolition of certain structure(s) to Richmond; Indiana. This
shall include demolition, removal of debris, and restoration of the site as set forth in the guidelines
included in the Request for Quotes/Proposals that were solicited for said demolition as described
below. The demolition services are to occur at the following two (2) locations:
132 South I Ith Street, Richmond, Indiana
133 South 1 lth Street, Richmond, Indiana
The Requests for Quotes/Proposals dated August 8, 2012, have been made available for inspection
by Contractor, are on file in the offices 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 Requests for Quotes/Proposals is attached hereto as Exhibit A, which
Exhibit is dated August 16, 2012, consists of two (2) 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 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;
f.. it?e City i"u in receipt a7if any required aifidw,711a sTguCu by Contr&Cava .iii
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.108. -2012
Page 1 of 6
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.
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
,SECT ION V 11. COMPLIANCE WI -CH WORKER'S CO -AU EN SA T ION LA W
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.
Page 3 of 6 "
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 ($5.04) 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. 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.
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.
Page 5 of 6
CITY OF RICHMOND
50 North Fifth Street
Richmond, Indiana 47374
EXHIBIT AGE OF
PRICE REQUEST
(765) 983-7200 THIS IS NOT AN ORDER
VENDOR INSTRUMONS
Cox Excavating Plus LLC
Attn. Kelly Cox .
4971 U.S. 27 South
Richmond, IN. 47374
This: is a request for a price or quote for the service_ s or
materials described below. Any additional
specifications may be attached hereto. This is not an
order. and the City reserves the right to accept all or
part, .or decline the entire proposal. Please complete
your full name, address, and phone number below with
signature; itemize all prices and charges where
requested; and attach explanation for any substitution t
specifications altered. Please return in care of
Purchasing to the address above by the specified. date
and time to be considered unless otherwise specified.
PA
August 8, 2012 L * Au us&t 1b 2012 b 5:00 .m.. * DELIV l REU urcintc�t;nir 1. vr, uv vULLn
QUANTITY CATALOG NO. DESCRIPTION UNIT PRICE TOTAL
BY
DEMOLITION
(See Attached)
Please include a certificate of insurance.
with your bid.
Bids must be enclosed in a sealed
envelope with the project name on the
outside.
PRICE REQUEST
VICKI ROBINSON
PURCHASING DIRECTOR
Bids are to be mailed or brought to the
Purchasing Department in the Richmond
Municipal Building at 50 North 5th Street.
State Tax Exemption No. 003I2I909-001
NAME OF FIRM QUOTING
Co
BY C_
AUTHORIZED BY
TTTLE
DATE
Phone NO. 7 ,5l r
ACORD. CERTIFICATE OF LIABILITY INSURANCE
i0o9/z9/2l/2012 MID )
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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 CERVICATE HOLDER.
iMPORTANT- if the certificate holder is an ADDITIONAL INSURI=D; the policy(ies) most be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the pblicy; 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
RMD/Patti Insurance & Financial Services
36 South 9th Street
P . 0. BOX 1167
Richmond, IN 4737+5
NAME:
fAX
PHONE No Ext 76S.966.7531 N,,r 76S. 93 S. 2476
ADD
INSURER(S) AFFORDING COVERAGE
NAIC f
INSURERA: Acuity
14158
INSURED Cox Excavating Plus LLC
4971 US Highway 27 South
Richmond, .IN 47374
INSURERS:
INSURERC:
iNsuRERu:
.
INSURER E :
INSURER P :
nnv!✓RAGEs CERTIFiCAI I~ NUMBER,12/13. Master
REVISION NUMBER:
7HlS !S TO CERTIFY THAT TAE POLICUIES'OF y S .WGE.LISTED BELOW HAVE SEEN iSSEIED TO THE INSURED NAMED ABOVE FOR THE PVLK;Y FtZFJUU:
- INDICATED. NOTWITHSTANDING ANYREQUIREMENT, TERM OR CONDITION OF -ANY CONTRACT OR.OTHER DOCUMENT WITH RESPECT TO WHic THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSU11ANCE AFFORDED �V THE PO),ICILS DESCRIBED HirFFEIN IS SUBJECT TO At_L THE TERMS.'
EXCLUSIONS AND CONDITIONS OF -SUCH POLICIES. LIMIT$ SHOWN tAAY HAVE BEEN REDUCED BYPAID CLAIMS.
LTR
TYPE OF INSURANCE
F1WINS
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POLICY NUMBER
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LIMITS.
GENERAL LIABILITY
K55937
0712712012
01127/2015
EACH OCCURRENCE
t 300,00
PREMISES(Fa ocarfrence .
$ 1.00, 00
X CoWfERCIAL GENERAL LIABU Y
MED. EXP (Any one person)
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CLAIMS -MADE � OCCUR
PERSONAL&ADVINJ INJURY
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POLICY' JEC
AUTOMOBILE LIABILITY
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BODILY INJURY (Per person)
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7E:SCRiriwir OF OPERiaTeON$ i ivw%.� icari5 i VEH)CGra (A�eiACOiw i`v�, n�iciiiiol'lai-��rnarics aoiieawia, �i ,nv.c �aa;-is iay'u'uss�.} � .
City of Richmond
50 N. 5th Street
Ri hmond, IN.47374
XCORD 25 (2010105)
SHOULD ANY OF THE ABOVEDESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICEIMLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
AUTHORIZED REPRESENTATIVE
Diana Bourne
01988-2010 ACORD CORPORATION. All rig
The ACORD name and logo are registered marks of ACORD
reserved.