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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 ) a�2 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 VlVEI POLICY NUMBER MMID A4.WD 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) i 51001 CLAIMS -MADE � OCCUR PERSONAL&ADVINJ INJURY : 30o,aQ GENERALAGGREGATE S 1, OAO, 00 GI7VLAGGREGAT LIMIT APPLIESPER: PRODUCTS-COMPIOPAGG S 1,000,00 $ T Loa' POLICY' JEC AUTOMOBILE LIABILITY Ea S BODILY INJURY (Per person) 3 ANYAUTO BODILY INJURY (Per exWent) ; ALL OWNED SCHEDULED HIRED AUTOS p�pg E.D PROPer PERT nt $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGA•(E S EXCESS LIAB MAIMS MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERVE!ABILITY YIN ANY PROPRIETORIPARTNEWEXECUTNR= TORYLIMfrS ER EL EACH ACCIDENT S E L DISEASE - EA EtUlPLOYE S OFFICERIMEMBER EXCLUDED? u (Mandatory in NH) NIA E.L. DISEASE - POLICY LIlN1T 3 � ESSLRIpTION OF OPERATIONS below 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.