HomeMy Public PortalAbout178-2013 - Sanitary-Stormwater - Culy Contracting - On call emergencey construction - 2014AGREEMENT
THIS AGREEMENT made and entered into this I Can day of D EcEr"eE?- , 2013, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Sanitary Commissioners and its Storm Water Management Board (hereinafter referred to as the
"City") and Culy Contracting, Inc., P.O. Box 29, 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 October 29, 2013 has been made available for inspection by
Contractor, is on file in the office of the Sanitation Department, and is attached hereto as Exhibit
"A," consisting of three (3) pages, which Exhibit 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 November 11, 2013 and is
attached hereto as Exhibit "B," consisting of one (1) page, 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 `B."
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, services and warranties 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 22-5-1.7-11(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.
SECTION III. COMPENSATION
City shall pay Contractor a sum per construction service component, listed in Exhibit "B,"
utilized; as -needed, delivered, in accordance with the prices quoted by the Contractor in Exhibit
"B," 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. 178-2013
Page I of 6
y.xMlC��i�+��l�li►�[�7�:[e7��luT�i;lw1
This Agreement shall become effective January 1, 2014 and shall continue in effect until
December 31, 2014.
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, 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 Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Page 2 of 6
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$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 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-I.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 3of6
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:
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;
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 6
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 6
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 Sanitary Commissioners
By:
ue iller, President
Date: /��/jLo
THE CITY OF RICHMOND,
INDIANA by and through its
Storm Water Management Board
By:
Stephanie Hay-Mussoni, President
ue iller, Member
Gilbert Mose, Member
Date:
APPROVED.
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
CULY CONTRACTING, INC.
%.A/
rLf jl�.ri'
Title: 065C Aet5ffi l
Date: 12 2G 13
Page 6 of 6
PRICE_ EQUE
CITY OF`MCM10ND
DEPARIi ENTOF MN't UON
2380LIBMTYAVECE-111C 'At;'D,iNCl1A?_+fA4n74
K401 EE(*.9$�-74-SOfFA (76,%%22669
THIS IS NOT AN ORDER
This is a: reg lest for a p(ice. for the senilces.:.ot m teriats
described befow. Any additional speclfleations. may be
Culy Contract ing,.lne. attached hb(0)t This 19 NOT:an order acid the City reserves
jhe right tg;accept. all or parf, or decline the entire proposal.,
POBox 9
Please complete your full nnma and phone numbei Below
With qig a4wm, iletnize all .prices: at?d efiarges> where
requeste4;..and.:attach any explanation for any substitution to
Winchester,. IN 47394 spec�flcations altered. Fteturrm In a seated envelope, lif care of
Richmond Sanitary 'Ufstr€ct:Board of Coinni!asioners to
the administration building. at the address above. by the
specifled.date and time to be considered.
DATE-. I .REPLY IVlU57 BE IN BY
PAYMENT IrEROS: DEL1VEIkY RiEQUIODI.
OctoNer 29, 2013 November 12.2013 by 10.00AM 11PON RECEIPT OF INVOICE ( DELIVERED
DESCRIPTION
This is a request forquotes f6r Construction Services for Emergency Repairs. 'Please see attached specifications.
All l -Verify requirements -and -Indiana -Focal Preference Claims will apply to this quote, Please include a
Cer ificate of Insurance, which must include Worker "a Compensation (insurance limits enclosed);: and.
Warranty Information With quote.
Return the quote in a sealed envelope addressed, to;.
Richmond..'Sanifgq District
[Denise Johnson, CUs Omer Svc. M.gr
2313E1 Liberty Avenue
Rica indrid,1N:47374
ft-Canstriicttan Services for 'Emerdency-Work
Please itemize all .charges on attached Bid.Sheet.
l�ou have any ctuestions please Call b&th Welch at.7.65 9133 74s3:
NAME QF FIRM:QUOTINQ;
Culy. C'bntrac:tiggg Ine;:
rf1 EX1=(ililj I ION 003121SM-001 AUTHOMZE6 BOMNATU#A
Vice .Presi:4JOnt
zpn.a
1.1/1,213' 765-584=8509
Richmond Sa i ary District. DATE PAONE NUM9ER
1s 39�IT _L PAGE _1_0P 3
20. $ Coastrudidn 8ery es tor.-.jiaergeuey Repairs'
` 0pe`of Work
October. 2.1, 2il1:3
l.: Tbis sped zfzcatzon Sjntezzded`for emergency or othgr incideiftal work within the
sanitary or sforrnwater collection system, the WWTP orotherlareas of
respv is ty d ike Ric3u o d:Sarul y Dzstl et it'will be a zrded t.o a:
(contractor, but only used on an As-neetfed..basm, ATe anzatarit tifwork can. �e
guaranteed as., gait of thxs contract. phis work. typicQy- consists ofpa-int repairs
made an sto nor sanitary seurexs blot -may iaclude o&r. wo&:as Aegddd.
2 `]:'Ile rortr�ctoxts.rec�mreri to respand,Fy arz�virig on�si#��o-latex tlzar:I hr attex
zequeste frr assess equipment and znanppwe.iaeeds"lee evrzraatr is then
TO to Wc-zquipm-d and dre.Wsbn, site no -later than>3 hrs,f dminftialcall.
l eques for serer ce mnay'6e mace both-dtMg:autl aAer- p;mjgd.,w. p ki g Boors.
3. M46 thai >orie obritractor may be issued a cormtract under. this-specif%catian..Bids
wlll be ;analyzed:and a It will be ptrt iggeilier i ammtt2zg t h olz arifraetor will be
called -first The:contractor:. shall: submit::a list ineluzl�g the.t' of Work they are
CApable of. complc Igg and the expmenpe they<haveiiadwr�. Tb* shall
-alsra subunit a.lzst .ot'at least 3 rehrenc : that lacy he called Tie hstr the
t*,e#'erences�. anal the .�ndzuidzzal bidprzees: vv�l1 tie itsed� c�eter"iine -t�rho �rvuld die
eoiiszdered the Iowpc i„ most respoirsiWj acid nsost respor-s' :Adder ftd"Who
Would .tltei get the.:first call on a partleular type of work, If, the,frst railed
coa actor 1s Waf le to couzpleto tt o 3 orvaablexo beet the:re�u ed response
timc.,he to issues:sueh: as -current equipment allocation;, the lea # ca to
list vd lie: called;.. R.$D ieserves. the might to allow Mork i n&x this eoiaddt to be
done by a .contraotqr who: is already on site ivlieze srzzcxgemzc + orlr zs z eededs
Tbe.on site=coxmtractQr zz st already caddad far ewer`.genq work with
D and ll:nat:be allowed tv charge riob3h at orzld6M6 zatiQn fprtyarI
tl"one wzth.mz:ptt or ere'4vs alteaci�+ oh;='site::
4� Iist of mergemicy narrmes :anl emergency phase nzzmbers uvz11, &e xat nested from
the:Cori#raeiors} Who are Awarded tfds contact. The first name on the:lst will- be
caYleil first. ' that;persozi is zabte o fie reached the neX# ame,on tit," list. WifI T'e
called un6I,:al3 names are exhausted. If nobody from theAust-con a ice Irsf- s
ab #b be immediately re clxezf tlie;R 5D mill start: calhng :the next coiztraefitzr in
line. Thecpntractormnst:supply "$D-wifh rlp tb:.four {4) em�rgency co tact�`liitt`
xzo I�ss ilat�twa {2):. T
5 R�`D:wxll }�urehase required materials tv bezmsed'tinder exstFng iLSD 1'��s�if
passible vf`T�SU �a� sz�ppIy the: aterial Irpm their vwn. inventory. lfthe
contractor supplies �ater�al #01?e izsecl during mepair, �D �vxii xe3�.ltzrse the
Goneractor at:ra rate:na gfeater than Ct3 T gl�as 1D°�4. RSD`w%a to ulre. eopzes:of
supplier invoices be%re payment s. inane, �fn atei al used s faWh f-ozn tie
EXl-€ISIT 4 PAGE a OF J
Con actor's nvento y a4dn'o sup k
supplier p - m avdablq, ROVilIxeceive a
PC Ox.
quote ftOM-0132ellofthek regular M��e...zi zqppliqrs to 6�� A. 44 Ma*O. vialue far
;the ptddIi0f-.. s quate-vd1lbe- used: t6p:4y the contractar.formatenals medftora
64 -Afl a tout puce Md
Ambbili2afion/demobfflzation p6ce1or each
bid ftMW=bi1IzaSbnMmOjI!za q*w0jbepod: once.f
POY.Pmep i. QT,
6c, 04" All e q-O*cat or. 'man power will be biffeid'houdy, 9;-�44 wioi
costsshau to
i -ac to -ad Nzji,thejob-site. AU hourly raitesap le
ply only to tIme,V=(.qn-* AW whi... :.t.he
equtpixxe
7: P�Cesfbr-,2-mai4 3 man,.ga" �pro shall .include .-.all.),84d 'dSM'.A. pourer
WAtook 6fserview truck (ipbfaf (lump track), -Supervisors,;
4� IN Contractor ta:deter extent ofeachpr je t
and MP
b. - d' lbe.
W, hip -444 W
The
ffiigiprice request wM, he negotiated oile case -by- -gage :
W. Th6tontract will stadon' fanuW. 1 2014 and last *qugh. Dgcembcr,-31,2PAI
I i. -the AU-patowmi ttp-b'd-., tfib-safm fikoug-k e,Coatabt
141. A.Twork:omi. I wda this conftact shalt !*warr4WddW edfi�r a: �iqgs
p
I..EXHIBIT -A_PAGE3-OF 33
2014 CONSTRUCTION SERVICES FOR EMERGENCY UiP.A R WO W<
BLD SHEET
10 2IM13
Item l o, Descripfian.
Units
.7014 Unit Price
Mabilizadon/Demobilization
1. Z Man Crew
.2 3'Man-Crew
0
3. 4 ManCrewf1
$ 185,00
$ 40, 0,0
4 'W-"e:Dump Truck:with Driver
Hr
$:..80 .00
S. 80.00
S TanitemAxle Durup:Truck with Driver
Fir
S. 65.;00
$ 0..00
6 Baokhoe without 0&rator
$ 3-5.0.0
$ 70. 0`0
7 Excavaidrwithout;Operator (5%000 644,000lb)
Hr
$: 50..00
$I20.00.
8 Excavator tho.ut 3perotor.(4S,0.00 to.80,0001b)
Far
S95.00
000.00
9 Pagioaderwitl,autOperator
Hr
$ 45.0.0
$ 90.00.
10. Trench Box {0-.:10 it:DeeF}
bay
s0.Oo...00.�Q
1.1 Trench .Box (10 - 20 ft. Deep)
Pi6i
S 200.00
$ '20.0, 00
12 Vac Truckw/3etter
Fir
$ 195.00
$ 160xQ
l have received addendum ntamt3er(8) and the prices in this. Laid reflect these changeslcladficAions.
Cuiy Can tract< n:g, Inc.
C� tractor
Ali,
111j 1./ 13
AuihorizecJ Sigaafure
Date
�STPAGE 1 0�_ L�