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HomeMy Public PortalAbout165-2009 - City - Mike Delucio Son Inc - Demoliton of Gas BuildingAGREEMENT THIS AGREEMENT made and entered into this 3rd day of December, 2009, and referred to as Contract No. 165-2009 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 Mike DeLucio & Son, Inc., 3436 Chester Boulevard, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to demolish and remove the old Indiana Gas Company structures (aka Vectren Gas Buildings) located at 16 East Main Street, Richmond, Indiana (the "Project"). Request for Proposals were made November 5, 2009, which Request has been made available for inspection by City, are on file in the office of the Director of Purchasing for the City and the office of the Department of Metropolitan Development for the City, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Contractor's Response to said Request for Proposals, consisting of two (2) pages, dated November 12, 2009, is attached hereto as Exhibit A, which Exhibit is incorporated by reference and made a part of this Agreement and is also on file in the office of the Director of Purchasing for the City. Contractor shall perform all services described on Response and Contractor agrees to abide by same. Completion of the Project in accordance with this Agreement and Exhibit A will be funded in part by the Indiana Finance Authority through its Brownfield Supplemental Environmental Projects Program. Contractor, prior to or contemporaneously with execution of this Contract, shall enter into an Indiana Finance Authority Supplemental Environmental Project Financial Assistance Agreement (the "SEP Agreement") with the City and the Indiana Finance Authority, dated December 3rd, 2009, which SEP Agreement consists of thirty-nine (39) pages and is attached hereto as Exhibit B and made a part of this Agreement. Contractor shall perform all services and comply with all requirements described in SEP Agreement and Contractor agrees to abide by same. 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, the SEP 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 2. A purchase order has been issued by the Purchasing Department. Contract No. 165-2009 Page 1 of 5 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 its services. Contractor's assigns or subcontractors shall also be deemed to be independent Contractors and shall be required to comply with this Agreement, the SEP Agreement, or any exhibits or attachments to those Agreements. SECTION III. COMPENSATION City shall pay Contractor the amount of Twelve Thousand Two Hundred Eighty Dollars and Zero Cents ($12,280.00) 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. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. Page 2 of 5 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 in the SEP Agreement, which claim or claims 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. 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 performance 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. Contractor covenants and agrees to comply with the worker's compensation provisions of the SEP Agreement. SECTION VII. 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. Contractor covenants and agrees to comply with the nondiscrimination provisions of the SEP Agreement. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 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 action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any Page 3 of 5 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 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 VIII. DRUG -FREE WORKPLACE Contractor covenants and agrees to make a good faith effort to provide and maintain during the term of this Agreement a drug -free workplace as required and set forth in the SEP Agreement SECTION IX. ACCESS TO RECORDS Contractor covenants and agrees to comply with the access to records provisions of the SEP Agreement. 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 for negligence 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. 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. Page 4 of 5 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. 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. «C11y" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety By:_S/S Vicki Robinson Vicki Robinson, President By:_S/S Dian Lawson Dian Lawson, Member By:_S/S Mary Jo Flood Mary Jo Flood, Member Date: December 3. 2009 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor "CONTRACTOR" MIKE DELUCIO & SON, INC. By:_S/S Marco R. DeLucio Printed: (—Marco R. DeLucio_) Title: Partner Date: December 8. 2009 Page 5 of 5