HomeMy Public PortalAbout078-2014 - Metro - Toshlog Excavating - Remove house at 231 N 17th StAGREEMENT
THIS AGREEMENT made and entered into this day of /'J� , 2014, and referred to as
Contract No. 78-2014 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 a certain
structure 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 structure is as follows:
231 North 17`h Street, Richmond, Indiana (House) $13,800.00
TOTAL: $13,800.00
A certain Request for Proposals dated June 5, 2014, has been made available for inspection by
Contractor, is on file in the office of the Director of the Department of Purchasing 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 June 16, 2014, consists of one (1) page, 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.
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 Citv is in receint of anv re mired affidavit Slgned by Cnntravtnr 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.
Contract No. 78 -2014
Page 1 of 5
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed the total amount of Thirteen Thousand Eight
Hundred Dollars and Zero Cents ($13,800.00) 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, 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 ether claims which may arise from the Contractor's conduct nr nPrfnrmanre of thic
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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.
Coveraze Limits
A. Worker's Compensation & Statutory
Disability Requirements
Page. 2 of 5
B. Employer's Liability $100,000
C.
I
Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
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
22-5-1.7-1 1 (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
,atio rr (`.......,.,tor fads t, dy +tle i t;on ithin th-, th•,-t�, 11M da., period ^rovided
V IVIQLI VII. 11 I. VIILI QL+LVI IQl IJ Lv 1e111\. U�' L11\, viv lu Il Vll vv i�... 11V ll lil ly \` 1 .7 i Y
above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement
will be terminated. If the City detennines 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
1C 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
Page 3 of 5
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:
l . 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 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, v1ioiation of the terms or conditions of this Agreement relating in discr:m:nat: on 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
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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.
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: � , �U
Vicki Robinson, President
By. J q
Ricer FooFoore, Member
L. Yoster, II, Member
"CONTRACTOR"
TOSCHLOG EXCAVATION, LLC
4347 Abington Pike
Richmond, IN 47374
Printed: �`i !" ys�-
� y
Title: :7
APPROVED: �\`��6c�j Date:
Sarah L. Hutton, Mayor
Date: �C-) — / y
Page 5 of 5
yoF at�yAo EXHIBIT PAGE OF
�2 CITY OF RICHNIOND
50 North Fifth Street
DI Richmond, Indiana 47374 PRICE REQUEST
(765) 983-7200 THIS IS NOT AN ORDER 1
VENDOR INSTRUCTIONS
Toschlog Excavating
,Mta: David Toschlo.g
1_347 Abl°_gton Pike
Richmond Indiana. 47374
DATE I REPLY MUST BE IN
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 unless cther,.vise specified.
DELIVERY REQUIRED
PAYMENT TERMS
June 5, 2014 1 June 19 2014 by 5:00 p.m. DELIVERED I UPON RECEIPT OF INVOICE
QUANTITY CATALOG NO. I DESCRIPTION I UNIT PRICE I TOTAL
DEMOLITION
various properties
(see attached)
Please include a current certificate of in-
surance. with your bid.
Bids must be enclosed in a sealed
envelope with the project name on the
outside.
PRICE REQUEST
BY
VICKI ROBINSON
PURCHASING DIRECTOR
Bids are to be mailed or brought to the
Purchasing Department in the Richmond
Municipal Building at 50 North 5th Street.
State Tax Exemption No. 003121909-001
NAME OF FIRM QUOTING
BYaj—
AUTHORIZED BY
- — TITLE
DATE
'7
Phone No.
EXHIBIT PAGE 2 OF
Proposal Sheet
Demolition and/or Clean up
(PLEASE NOTE THAT BIDS FOR EACH PROPERTY WILL BE AWARDED
SEPARATELY.)
1) 120 N. 141h Street House
2) 410 N. 15`' Street House
3) 1228 Hunt Street I -louse, garage
4) 310 N.W. K Street House, garage
5) 2405 N.W. 171h Street House, garage
6) 2315 N.W. 16`' Street House
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Earliest start date after receipt of purchase order: /.5 c�✓
Length of time to complete each property:
4, " " � �' d ,
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SignaV"e Y
Company
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Phone Number
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3,906.06
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Cont ct Perso
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Date