HomeMy Public PortalAbout140-2013 - Metro - Toschlog Excavating - Demolition of 7 PropertiesAGREEMENT
THIS AGREEMENT made and entered into this day of , 2013, and referred
to as Contract No. 140-2013 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 Toschlog Excavation, LLC, 4347 Abington Pike, 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 demolition of certain
structures located in Richmond, Indiana, (the "Project") which services shall include demolition,
removal of debris, and restoration of the site as more specifically set forth in the Notice to
Bidders. The structures are as follows:
409 North 131h Street, Richmond, Indiana (House/Outbuilding) $4,300.00
122 North 18th Street, Richmond, Indiana (House) $4,400.00
76 NW G Street, Richmond, Indiana (House) $2,980.00
420 South 81h Street, Richmond, Indiana (House/Garage) $4,420.00
205/207 South 9th Street, Richmond, Indiana (Duplex) $2,820.00
221 South 12th Street, Richmond, Indiana (Garage) $2,900.00
204 South 13th Street, Richmond, Indiana (House) $4,650.00
TOTAL: $26,470.00
A certain Request for Proposals dated August 20, 2013, has been made available for inspection
by Contractor, is on file in the office of the Director of the Department of Metropolitan
Development for the City, 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 Proposals is attached hereto as Exhibit A, which
Exhibit is dated September 14, 2013, consists of six (6) 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.
Contract No. 140-2013
Page 1 of 6
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 Il_ 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 Twenty-six Thousand
Four Hundred Seventy Dollars and Zero Cents ($26,470.00) 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 completion of the project.
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 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.
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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. 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 V1. 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
Page 3 of 6
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 PROGRAMREQUIREMENTS
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.
SECTION IX. 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:
I. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person
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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 ($5.00) 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. 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
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 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: ,22/
Vicki Robinson, President
By:
Dian Lawson, Member
Date: ! 0
APPROVED:
Sarah L. Hutton, Mayor
Date: �� l
"CONTRACTOR"
TOSCHLOG EXCAVATION, LLC
4347 Abington Pike
Richmond, IN 47374
By:
Title: `
Date: / () — / —I;k U.1 til.....,.._...
Page 6 of
EXHIBIT PAGE OF
Proposal Sheet
Demolition and clean up
PLEASE NOTE THAT BIDS FOR EACH PROPERTY WILL BE AWARDED
SEPARATELY, LANDFILL FEES. WILL BE WAIVED.
1) 409 North 13th Street
2) 410 North I5`h Street
3) 210 North 17`' Street
4) 122 North 18`k Street
5) 76 N.W. G Street
6) 420 South 8 th.
Street
7) 205 & 207 South 9th Street
8) 221 South 12`h Street.
9) 204 South 13th Street
10) 915 North 11th Street
House and outbuilding
House
Itous .
Hailse
]House
House'and garage
House
Garage
House
House
Earliest start date after receipt of purchase order:
Length of time to complete. project:3!51
Please include a current certificate of insurance with your bid.
Company Contact Person
. _76 " 9-16-1-19 7
Phone Number
Date
7J'l6d
's'
IUAnIo1I M_ Tt1uC �v3"� 'I
CITY OF RICHMOND
50 North Fifth Street
Richmond, Indiana 47374
(765) 983=7200
Toschlog Excavating LLC.
- David losclilog
,4347 :Abington -Pike
'Richmond, IN 47374
PRICE REQUEST
'PHIS I5 NOT AN ORDER
WSTRUC['IONS
This is a request for a price or quote for the services 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 to
specifications altered. Please return in care of
Purchasing to the address above by the specified date
and time to be considered tinless. otherwise specified.
DATE
August 24, 24I3
REPLY MUST BE�IN
"Se L 5 2013 by 5:00 pim.
DEialVERY REQUIItED
DELIVERED
PAYMENT TERMS
UPON RECEIPT OF INVOICE
QUANTITY
CATALOG NO.
DESCRIPTION
UNIT PRICE
TOTAL
DEMOLITION
various properties
(see attached)
Please include a current certificate of in-
surance. with your bid.
Bids must be enclosed M a sealed
envelope with the project name on the
outside.
PRICE REQUEST .
� fir'
VfCla ROBINSON
PURCHASING DMECTOR
Bids are to be mailed or brought to.the
Purchasing Departmeat in the Richmond
Municipal Builiing at 50--Northi. Sth Street.
State Tax Exemption No, 003121909-001
NAME OF FIRM QUOTING
-BY
A k[ZED BY
qDATE V TITLE
Phone No.
EXHIBIT Ca PAGE OF
NOTICE TO BIDDERS
Bids are currently being accepted to remove buildings from the addresses listed below. The
work required at the site is as follows:
• Remove structures as indicated below
• Remove all vegetation higher than 12 inches
• Clean up and haul away all debris
• Cap any sewer and water lines
• Break up at least 20% of the basement floor for drainage
• Concrete slabs and footings to be removed two (2) feet below grade
• Back fill material shall be free of wood and compacted thoroughly
• Any underground tanks discovered on the site shall be removed
• Cisterns shall be filled as required for basements
• Restore the lot to uniform grade with top 12 inches of topsoil
• Seed and straw lot. Additional grade inspection will be done after
seeding and prior to application of straw
Each successful bidder must obtain all necessary permits and comply with all state and local
codes. LANDFILL FEES WILL BE WAIVED.
Bid deadline is Sept. 51 2013 by 5:00 p.m. in the Purchasing Department to be considered.
Bids will be opened during the Board of Public Works and Safety meeting held in the
Council Chambers of the Richmond Municipal Building, 50 North 5th Street, Richmond,
Indiana 47374. The successful bidder(s) must start demolition within five (5) days of the
date a purchase order is issued. If you have any questions, please contact the Department
of Metropolitan Director, Tony Foster at (765) 983-7211.
Property Addresses:
1) 409 North 13th Street
2) 410 North 15th Street
3) 210 North 17th Street
4) 122 North 18th Street
5) 76 N.W. G Street
6) 420 South 8th Street
7) 205 & 207 South 9th Street
8) 221 South 12th Street
9) 204 South 13th Street
10) 915 North 11th Street
House and outbuilding
House
House
House
House
House and garage
House
Garage
House
House
EXHIBIT PAGE 0F
ADDITIONAL DEMOLITION INFORMATION
INSURANCE
The Contractor shall, as prerequisite to this Agreement, purchase and thereafter maintain
such insurance as will protect him 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 the, or by anyone for whose acts any of them may be liable.
COVERAGE LIMITS
A. Worker's Compensation & Disability Requirements Statutory
B. Employer's Liability 100,000
C. Comprehensive General Liability
Section 1. Bodily Injury 1,000,000 ea. occurrence
2,000,000 ea. aggregate
Section 2. Property Damage 1,000,000 ea. occurrence
1,000,000 ea. aggregate
D. Comprehensive Auto Liability
Section 1. Bodily Injury 1,000,000 ea. occurrence
1,000,000 ea. aggregate
Section 2. Property Damage 1,000,000 ea. occurrence
E. Comprehensive Umbrella Liability 1,000,000 ea. occurrence
11000,000 ea. aggregate
COMPLIANCE WITH WORKMAN'S COMPENSATION LAW:
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, commencing work under this contract, provide the City 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.
Before any Demolition Permit is issued, a current Certification of Insurance indicating
appropriate endorsements for wrecking and demolition work must be provided.
EXHIBiTA PAGE QF
WRECKING PERMITS:
Before wrecking or tearing down a building or structure in whole or in part, a permit shall
first be obtained from The Department of Planning, Permits and Inspections.
INSPECTIONS:
The person engaged in the demolition work shall be responsible for requesting two (2) City
inspections during the course of work. The first inspection shall be made after the basement
floor is broken and the water and sewer services are sealed and prior to backfill. The second
inspection shall be made after the site in uniformly graded and all debris has been removed.
Periodic inspections will also be done by the City during demolition.
NOTE: The City of Richmond shall be held harmless against any loss, damage, expense
claim, demand, action, judgment or liability of any kind whatsoever which may arise or
result from the demolition work.
MINIMUM STANDARDS FOR DEMOLITION
All persons engaged in the demolition of a building or structure shall comply with the
following minimum standards:
(1) Control shall be maintained over the site and operation to eliminate hazards to
the public. Nails or other tire puncturing items shall not be dropped on streets,
alleys, and adjacent property. Public streets, curbs and sidewalks shall be
protected from damage. The person engaged in the demolition work shall be
liable for any and all damage to curbs, streets, sidewalks and other public or
private property and for any bodily injury occurring as a result of the
demolition work.
(2) Basement walls and all other concrete slabs and footings not intended or not
able to be reused shall be removed two (2) feet below finished grade. Material
used for backfill shall be free of wood and compacted thoroughly.
(3) All sewer and drain lines shall be removed for a distance of two (2) feet outside
of the basement wall and shall be thoroughly plugged and sealed with cement.
All water service shall be turned off at the service valve and water lines shall be
removed for a distance of two (2) feet outside of the basement wall and shall be
thoroughly plugged and sealed to prevent leakage.
(4) Basement floors shall be broken to provide positive drainage for a minimum of
twenty percent (20%) of the floor area uniformly distributed.
(5) All underground tanks present on the site shall be removed. Cisterns present
on the site shall be filled in accordance with the requirements for basements.
EXHIBIT PAGEJL OFJ
(6) All debris resulting from the demolition work shall be properly disposed of.
(7) The demolition site shall be left with a uniform grade and shall be free of
debris. Site is to be cleared to grade conserving topsoil, trees, grass, and
keeping soil erosion to a rninirnum. Where necessary, areas should be graded
to match existing grades at property boundaries to preclude drainage problems.
Permanent seeding, mulching and/ or other soil stabilization measures should
be used to protect exposed soil areas.