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
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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.
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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
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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.
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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
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