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HomeMy Public PortalAbout180-2013 - Sanitary - Stormwarter - Butler Excavating - On call emergency construction - 2014AGREEMENT THIS AGREEMENT made and entered into this 1 0" day of bR_Erb86-e 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 Butler Excavating, Inc., 6655 State Road 227 North, Richmond, Indiana 47374 (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 11. 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. 180-2013 Page 1 of 6 SECTION IV. TERM OF AGREEMENT 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 E. Comprehensive Umbrella Liability $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 $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 VIL 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 Ionger 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-I1 (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. 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 5of6 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 Miller, President Date: THE CITY OF RICHMOND, INDIANA by and through its Storms Water Management Board Stephanie Ha s-Mussoni, President ue Miller, Member ilbert Klo-ke, Member Date: �/ -V/" '�e APPROVED: Sarah L. Hutton, Mayor Date: "CONTRACTOR" BUTLER EXCAVATING, INC. By: ' Printe Title: `?re`sJe—. Date: 2 ,2 b- f 3 Page 6 of 6 PRICE REQUEST uF yp f u a CM— OF WCHMOND PE AZtINIfNr of sA�rAUON 2380L[BWTYAVEN(X-iMCt1 '10,iND1ANA47374 PHA (765) 983-74S0*FAX (745) 962-2669 THIS IS NOT AN ORDER VENDOR INSTRUCTIONS This is a request for a price for ` be services of materials deszribed below, Ariy additional spepiiicaffaris may be, Butler .ExcaVating attached he€eto. This is NOT an order and the Clty reserves the right to accept all..or part, or decline the entire proposal. 6C55 Mate' Oil ��7 Please complete your full name andphone riumber below with signature; Itemize all prices' and charges where I�i�llilOritl s IN �%��!� requested; aqd attach any explanation for any substitution to specfticatpps altered.. Return in a seated envelope, In care of Richmend :.Sanitary DWrlct Board. of CommissJuners, Ip the adhrllrisfratfon building at the address above by the specified. date and time to be considered.. DATE: REPLY MUST6E IN BY:: PAYMENT" iER 8, D8LIVERY.REQUIRE©: October29, 2013 November 12,.26.13 by W-.M do UPON RECEIPT OF INVO C.E DEUVEREI] _. DESCRIPTION This is a request. for quotes (or Construction Services foe Emergency Repairs. Please see:attached specifications. All E-Verify requirements: and Indiana Local Preference Claims will apply to this quote. Tease ineiu&� a Certificate of Insurance, which must include Worker's Compensation (insurance limits enclosed), an Warranty Information with quote. Return the quote in a sealed envelope addressed to: Richmond Sanitary I)Ntri.ct Denise,Jo ni dn, Custoiner:Svc Mgr 2380. Liberty Avenue Richmond, IN 47374. Re: Construction. Services for Emergency Work Please ltemize all charges ail attached Btd Sheet'. If you have,any questions lease. gall Er(ah .Welch at 165-883-7483. .Richmond -s nary District Dare PHONE NUMsel EXHIBIT A PAGE _I OF 3 1� 2614 eonstrd6d6n gervi6s for Ea6*aq:.R' dpkiis C, 0 Of Work Odobor 21,72013 TW'S speci is.'intenOed for erAergency or otherjncidedtal work within the, sanitary pr stormw eater wfl6ctian.system, the:WWP o"diorareas -of _ rPpomiO4Y Of -the Itznrnci Saxataxy Distrcttll be arded to a Dniractor but only 'used onan as -needed basis, No amount ofw.,ork can.be pa�ed. � as, part of -Ois *AQhtaa: This work t My consists of Ob2t te air�§ _ypka p p made:on storm or sanitary sewers butmayinclude p, wq :heeded. mquested to, assess equipment and manpower qe edsTk-D 'then ', pptfr4 is]. *4q*fbr--sqrvj'66 may bo madO both d d after workmg hours. ... Q unng'ag 3... wie titan o-no. contra, f Biay`bd issued a;contract under -this. specifibation. Aids wiU"b&wial_Yzi�d:and .Aj-!sf wtif.bo part together namffiglm" wig:qootractor� : be � calledErst. Tbe:cantxa6tor_�shdI-rSiIbmft a JiStincluding Ah the typesofwork they are 'CRP" bf complal They shall :41tq sOmit, adisi of at rderences. that may be polqcl j4q�g#, the f0fd and$�r �the:.trfdivi'du' al, bidorices mill. be used: Icr d6teraAfte4ha would be .donside a the lawcsi,, most responsive, and most ivsp�ns141e bidder and who: Wda then getAjorfIfSt Call -on a particular typa:of work iffheArzt called coitractorisunabieioro pdefo thO vork or unable, to ed: res'ponse time: -dire to issuea-such,as cement equipment Rd -will be called.: KSD kesetveslh.ecxight to Oftownark un der, :this l wiftrabt to bd .-done by -.a contractor who. is, beady on -site where eme W.0 'H&Ileeded. qgo r. '* . Therm -sites cohlir .44" ire -under .contract for emM90TICy. W.. with R,,S))'.qN yq)l.not be a] ' fowed`io 6hqMq-,mobifizaf'on/d6 ddnewith equipment crews already ant -site... . r y phone nuptoks vLnl.f be: reques#ed from. , the, CbhU&. Whb aft - awarded thi&.cozi6act. The first name on the list will be. galled first,_ ffihat;person is uzaable to er*hqiiftApxf. .4'ib.listv be 0 On1j. cakduntitall,namMare exhausted. Ifnobody fiom the:fa4,-coA4acfOi'rs BOIS AW'fq"bp-� medratelp.reacliced 14OVD Will start q 'the nett: ,Objfttkactor' 1. ' n line. The :coiitractor,must supply -"� sting Mp Va fbkor May supply y- the : ena from their, own, inventbry_ IRhG 13W. I pop�zuppllon4401%ia, �dpii4g.rppaij� jv6W= the eblifiact6r. At'a, fate-riogreat . er than COSTpIbs 10%� RSD---wiR.req'uirecqpics-of Pippffor xnyti ces betorepa JhMe, Jf matexial::used`406k.ien' .'from the: I-EXHOT-4- PAGE _, , OF Cgntractpr's,inventory and no supplier, paperwork is available; RSD Will receive a quote from -one of the r reg lar material suppliers to obtaitA 04t market- value for Iho product. 'Truss quote will be US(W to pay the..contractiar.'r materials usoff ftom their inveafoty:. 6.Ail bzds;shall siclud a nm€ price and,a inobll atzoz ldemcal? rza n. price for.eacb bid stern: T#ae`znobllzaton/dil�ilizat�pn cost .lie pail :once:per projee.t for eaelx xtem.osed. All equipment or man power will be billed1ouly ox 0aily with no minis iatZiza#�oxilL7ea��lrzahari cosh shrciutls travel thine to and from th&: oh -site: All hourly rates apply.on y to iixue;spent::om s te_aad while the e p cut rs 6 - ' usc. i. 7, hioes.-for.2 . rxan; 3 w=, and 4'max ergws slxall include a1i hand arks small power` tools; to'al or' ervxce truck% ope&fors othe'rr"than dump truck-),:supwvisors„ laborers and tx c cots. .1 8. )� staff w21i dark iz,th the C n4406r: to; deiermizie.the extent -of each project -did howltho rad'e Re - " — will bexnade .e-ity spec�ca#oxxs?�l�ereapplxcali2e. � Vp�c�'so�es�fe�ulprxre��.pro'aided°ai�tsx�ethe.s��pe,of�ullat�as:o.�eri included>inthhipri.ce. request wM benegofxat%d.on'a case 1 +=Case basis of tlietime of sex�rnce°:: 10. The contract will start -on Tanuary 1, 2014 and last tbzopgh December 31; 20,14: AJI pz�cPs tuxthm this brd":sltail ie#na tine satue thrc� .tlie eoniract 11. All:work-cqmpleted under this contract shall be warred fpr, a;.pariad;no less Hiatt one'f} ai FXHISIT -A- PAGE ���� 2014 CONS`I`RVCTION MRViCES FOR EASRGE CY REPAM WORK BID SEMET I.M.1/2013 Item'No. Deseriptifln Units A1.4Unit Price Mobilizatio&bemobilization 1 2. T &n Crew Hr $ 9 [3 . Q 0 0 2 3 Man Crew Fir S 7. 35, GO $ 0 3 4. Nfan.Crew Hr $ 1F fl $ 4 Tti-Axle,Dump Truck with Driver FIr 5 Tandem,AxteDump.Truckwithb,iver Hr $ 60,.0Q $ .0 5 Backhodwithou#.-operator 1 S 40ja$ 7 Excavator without.6perator(30,0©0.to44,000lb) Hr g . 00 S 70.00 .. 8 Excavafor w thout.Operator (45;000 to 80,0;©0 lb) Hr $ , A S 9 Payloader without Operator Hr S 56.00 $ 70.00 10 Trench Box. (0-10;ftDeep) Day S 10 &. 0.0 $ 0 11 TrenchBox,(10.-26. -L)eep) i3ay 5 . 200. 00 $ Q lZ We Truck w/Jetto Hr N /A $ t have: received addendum nuniber(s) , aid the prices In this bid re€lectftse. changes/eladrications. Butler Exiagyatin nc Contractor 11/11/13 r4uthorized Date° WARRANTY -- 1 year ?�€T PAGE ! CIF j�