HomeMy Public PortalAbout024-2015 - Sanitary & Stormwater - Delucio - Emergency on call repairORIGINAL
AGREEMENT
THIS AGREEMENT made and entered into this ! __I_ day of Pe_bfVaf 2015, by and
between the City of Richmond, Indiana, a municipal corporation acting by and ough its Board
of Sanitary Commissioners and its Storm Water Management Board (hereinafter referred to as the
"City") and Mike DeLucio & Son, Inc., 3436 Chester Blvd., Richmond, Indiana 47374
(hereinafter referred to as the "Contractor").
SECTION 1. 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 January 9, 2015 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 January 22, 2015 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 "A,"
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. 24-2015
Page 1of6
A
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective January 1, 2015 and shall continue in effect through
December 31, 2015.
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 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.
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.
Coverap-e Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability
$100,000
Page 2 of 6
C. Comprehensive General Liability
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
$2,000,000 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 22-5-1.7 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 DISCRINIINATION
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:
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;
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: j-, -"�
ue Miller, President
Date:
THE CITY OF RICHMOND,
INDIANA by and through its
Storm Water Management Board
By:<Zjj�
r dent
ue Miller, Vice President
V15��
Gilbert Klose, em er
Date:
A llul�
APPROVED: " '
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
MIKE DELUCIO & SON, INC.
By: -�
Printed:
Title: G eh
Date: Z -
Page 6 of 6
PRICE REQUEST
OF
♦� O
b o
t �
i
CITY OF MCHMOND
DEPARTM WF OF SANITATION
2380 LIBERTY AVENLI&RICIINIDND, INDIANA 47374
PHOMW (765) 983-7450•FAX(765) 962-2669
THIS IS NOT AN ORDER
VENDOR
INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
Mike DeLucio & Sons
attached hereto. This is NOT an order and the City reserves
the right to accept a8 or part, or decline the entire proposal.
3436 Chester Blvd.
Please complete your full name and phone number below
with signature; itemize all prices and charges where
Richmond, IN 47374
requested; and attach any explanation for any substitution to
speaficalions altered. Relum In a sealed envelope, M care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
specified date and time to be considered.
DATE:
REPLY MUST BE IN BY:
PAYMENT TERMS:
DELIVERY REQUIRED -
January 9, 2015
January 27, 2015 by 10:OOAM
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a request for quotes for Construction Services for Emergency Repairs. Please see attached specifications.
All E-Verify requirements and Indiana Local Preference Claims will apply to this quote. Please include a
Certificate of Insurance, which must include Worker's Compensation, and Warranty Information with
quote.
Return the quote in a sealed envelope addressed to: Richmond Sanitary District
Denise Johnson, Customer Svc Mgr
2380 Liberty Avenue
Richmond, IN 47374
Re: Construction Services for Emergency Work
Please Itemize all charges on attached Bid Sheet.
If you have any questions please call Elijah Welch at 765-983-7483.
STATE TAX EXEMPTION # 003121909-001
Richmond 94nitary District
NAME OF FIRM QUOTING:
nc
AUTHORQEO BY SIGNATURE
TITLE
1-22- ►5
DATE
--7(OS-- q te2-Cc,1c
PHONE NUMBER
EXHIBIT � SAGE
2015 Construction Services for Emergency Repairs
Scope of Work
December 4, 2014
l . This specification is intended for emergency or other incidental work within the
sanitary or stormwater collection system, the WWTP or other areas of
responsibility of the Richmond Sanitary District. It will be awarded to a
Contractor but only used on an as -needed basis. No amount of work can be
guaranteed as part of this contract. This work typically consists of point repairs
made on storm or sanitary sewers but may include other work as needed.
2. The contractor is required to respond by arriving on -site no later than 1 hr after
requested to assess equipment and manpower needs. The contractor is then
required to have equipment and crews on -site no later than 3 hrs from initial call.
Request for service may be made both during and after normal working hours.
3. More than one contractor may be issued a contract under this specification. Bids
will be analyzed and a list will be put together naming which contractor will be
called first. The contractor shall submit a list including the types of work they are
capable of completing and the experience they have had with each. They shall
also submit a list of at least 3 references that may be called. The list, the
references, and the individual bid prices will be used to determine who would be
considered the lowest, most responsive, and most responsible bidder and who
would then get the first call on a particular type of work. If the first called
contractor is unable to complete the work or unable to meet the required response
time due to issues such as current equipment allocation, the next Contractor on the
list will be called. RSD reserves the right to allow work under this contract to be
done by a contractor who is already on -site where emergency work is needed.
The on -site contractor must already be under contract for emergency work with
RSD and will not be allowed to charge mobilization/demobilization for work
done with equipment or crews already on -site.
4. A list of emergency names and emergency phone numbers will be requested from
the Contractor(s) who are awarded this contract. The first name on the list will be
called first. If that person is unable to be reached the next name on the list will be
called until all names are exhausted. If nobody from the first contractor's list is
able to be immediately reached the RSD will start calling the next contractor in
line. The contractor must supply RSD with up to four (4) emergency contacts but
no less than two (2).
5. RSD will purchase required materials to be used under existing RSD PO's if
possible or RSD may supply the material from their own inventory. If the
contractor supplies material to be used during repair, RSD will reimburse the
Contractor at a rate no greater than COST plus 10%. RSD will require copies of
supplier invoices before.payment is made. If material used is taken from the
1EXH1131TPAGE 0f=
Contractor's inventory and no supplier paperwork is available, RSD will receive a
quote from one of their regular material suppliers to obtain a fair market value for
the product. This quote will be used to pay the contractor for materials used from
their inventory.
6. All bids shall include a unit price and a mobilization/demobilization price for each
bid item. The mobilization/demobilization cost will be paid once per project for
each item used. No bid items will qualify for multiple
mobilization/demobilization billings on a single project, even if the project takes
multiple days to complete. All equipment or man power will be billed hourly or
daily with no minimums. Mobil ization/Demobilization costs shall include travel
time to and from the job -site. All hourly rates apply only to time spent on -site
and while the equipment is being used.
7. Prices for 2 man, 3 man, and 4 man crews shall include all hand and small power
tools, tool or service trucks, operators (other than dump truck), supervisors,
laborers and traffic control.
8. RSD staff will work with the Contractor to determine the extent of each project
and how the repairs will be made. Repairs will be made per standard city
specifications where applicable.
9. The fee for services/equipment provided outside the scope of what has been
included in this price request will be negotiated on a case -by -case basis at the time
of service.
10. The contract will start on January 1, 2015 and last through December 31, 2015.
All prices within this bid shall remain the same through the contract.
11. All work completed under this contract shall be warranted for a period no less
than one (1) year.
.EXHifsly -�
1i_ PAGE. J OF�j
Item No. Description
1 2 Man Crew
2
3
4
5
6
7
8
9
10
11
12
2015 CONSTRUCTION SERVICES FOR EMERGENCY REPAIR WORK
BID SHEET
12/412014
Units
Fir
3 Man Crew
Hr
4 Man Crew
Hr
Tri-Axle Dump Truck with Driver
Hr
Tandcm Axle Dump Truck with Driver
Hr
Backhoe without Operator
Hr
Excavator without Operator (30,000 to 44,000 lb)
Hr
Excavator without Operator (45,000 to 80,000 lb)
Hr
Payloader without Operator
fir
Trench Box (0 -10 ft Deep)
Day
Trench Box (10 - 20 ft Deep)
Day
Vac Truck w/Jetter _- r1 0 GT —VA t oN
L-1 tir
2015 Unit Price
Mobilization/Demobilization
S 100•UG
$ N (A
$ 150. oo
$ 1g 111 -
$ 200,c')
$ NIIq
$ 1 00. 00
S N
$
S so, C,0
$ 00 - C)
$ '7 5.
Oo. Ov
s g 5 , CIO
$ C,
$ 6 5. 00
$ 2 O Cs . o G
$ 1 00.Oo
$ 1 w. 0C
$ TDO, oa
$ 2.a0. CS()
$ (po.oy
$ 0. 00
I have received addendum number(s) and the prices in this bid reflect these changes/clarifications.
�eLo&tio � (�o.n
Contractor
2-2- —2 c)6
Authorized Signature Date