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HomeMy Public PortalAbout028-2015 - Metro - Cox Excavating - Demolition - 120 & 140 N. 14th , 1225 S A, 1414 HolsappleAGREEMENT THIS AGREEMENT made and entered into this day of G'� , 2015, and referred to as Contract No. 28-2015 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 Cox Excavating Plus LLC, 4971 US Highway 27 South, 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 certain unsafe structures 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 as well as any asbestos remediation guidelines submitted per applicable house. The structures are as follows: 120/140 N 14`h Street (House only; Follow Asbestos Guidelines) $12,500.00 1225 South A Street (House; Follow Asbestos Guidelines) $25,000.00 1414 Holsapple Road (House and Outbuilding) $3,500.00 TOTAL: $41,000.00 A certain Request for Proposals dated January 30, 2015, has been made available for inspection by Contractor, is on file in the office of the Director of the Department of Metropolitan Development 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 February 12, 2015, consists of two (2) pages, 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 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. Contract No. 28 -2015 Page 1 of 5 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Forty-one Thousand Dollars and Zero Cents ($41,000.00) for complete and satisfactory performance of the work required hereunder. Demolition permit and landfill permit fees will be waived by the City. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the Project as specified on Contractor's response. 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 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 Page 2 of 5 B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $100,000 $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. 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 Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran Page 3 of 5 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: 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 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. Violation of the terms or conditions of this Agreement relating to discrimination 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 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 Page 4 of 5 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 Robinson,President By: l �� ARiardFoore,Member ., By: P .oster, II, Member "CONTRACTOR" COX EXCAVATING PLUS LLC 4971 US Highway 27 South Richmond, IN 47374 By: Printed: / Title: ("wKBt, APPROVED: XIV144 Date: Sarah L. Hutton, Mayor Date: Page 5 of 5 50 North Fifth St �_ Richmond, Indiana ,PR PAGEICE REQUEST (765) 983-7200 Cox Excavating Plus LLC. Attn: Kelly Cox 4971 U.S. 27 South Richmond, Indiana. 47374 DATE I REPLY MUST BE IN ivary 30, 2015 1 February 12 mv; b 5:00 JANTITY CATALOG NO. DELIVERY DESCRIPTION DEMOLITION - various properties (see attached) THIS IS NOT AN ORDER INSTRUCTIONS 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 otherwise specified. 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 VICKI ROBINSON PURCHASING DIRECTOR Bids are to be mailed or brought to the rchasing Department in the Richmond inicipal Building at 50 North 5th Street. ite Tax Exemption No. 003121909-001 PAYMENT TERMS UNIT PRICE I TOTAL NAME OF FIRM QUOTING BY 9 AUTHORIZED BY TITLE DATE Phone No. J E G l 3 (FJ(HIBIT PAGE �J PROPOSAL SHEET Demolition and Clean up (PLEASE NOTE THAT BIDS FOR EACH PROPERTY WILL BE AWARDED SEPARATELY) 1) 1414 Holsapple Road House & outbuilding 2) 231 North 17" Street Outbuilding (barn/garage) only $ 3 1 ��0 0 3) 120/140 North 14"' Street House only y $ 8no .00) 4) 1225 South A Street House $ l So©, O C7 $ �2,5 OC�O �►� Earliest start date after receipt of purchase order: LI'r Length of time to complete each property: 4�� - mil, r 116 Company Contact ersa 96y_ 6� 3�7 Phone number S' ature ,:)-- i,?-/ -5, Date T�fIGATE OF LIABILITY INSURANCE ffTE a HIS C�R77FIATTER OF INFORMATION ONLY NO RIGHTS UPON THE CER71FlCATE HOLDER THIS CERTIFIG�ATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, 29/ �-� THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES IMPORTANT: 8the D the terms and carttflcate holder � � ADDITIONAL INSURED, the PokY(ies) must � ��� tf SUBROC;ATION IS WAIVED, stfb)ed to cerfMcate holder � POLcY, certain poictes may require an endornt, A statement on this ODllcral �(s)• celtfficate does not confer rights to the RMD/Patti Insurance 8: Financial Services' 36 South 9th Street - 76S.966.7531 P. 0. Box 1167 Ne:765.935.2471 AODaEss: Richmond, IN 47375 INSURERM AFFORDING COVERAGE INSUIWD COX Excavating Plus LLC wsuRERA: Acuity NAB/ 4971 US Highway 27 South S: Assigned Risk 14158 Richmond, IN 47374mac: 039 INSURER D : ImAtERE: COVERAGES N*WIERCERTIFICATE NUMBER: 14/15 MasterF THIS IS TO CERTIFY THAT THE POLICIE&OF q,lgE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. '—I vvl Im I ANLIING ANY REQUIREMENT, TERM OR CONDITION OF ANY CERTIFICATE MAY BE ISSUED OR MAY IXCLUSIONS AND CONDITIONSCONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL OF SUCK POLICIES. LIMITS SHOWN MAY THE TERMS, HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF Ne�E ANCE GENERAL L1ABUTY INSR WVD POLICYNUMBER /27/2014 07WI2015 EACH LIMITSLIMITSx COMMERCIAL GE7�QiAL LIABILITYK5593 07 i CLA E fiq OCCUR PREMISES (EA occurrence) $ A 100,0 MED E)w (Any one person) j 5, 01 PERSONAL & AOV 114"y : 1,000.0( GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE j 2, 0W, a POLICY XC LOC PRODUCTS -COtiPIOPAGG j AUTOMOBILE 2, 000, a LNBLITY = ANY AUTO KSS93 07/27/2014 OTWI2015 (Ea accident) $ ALL 1,000,Oa A X AUTO U.EA BODILY IN JURY (Per person) j HIRED AUTOS BODILY INJURY (Per accident) j AUTOS (Peracddert) $ UMBRELLALIAR 100, 00 OCCUR j EXCESS LAB CLAIMSAU DE EACH OCCURRENCEj DED RETENnON j AGGREGATE j AM SUPILOVEW i SKM WCS-34S-S35036-01 09/2@12014 j B AN`" PROPRIE7OR/PAR►NER/E ajnvE YIN 09V28iZ015 X TORY LIMITS ER IXCLU7E0? NIA 04WW Cory In Itlgh"OFFKZR&I E.L. EACH ACCIDENT j ME DESCRIPTION OF E.L. 100 , Oa OPERATIONS below DISEASE - EA EMPLO $ 100 00( E.L. DISEASE - POLICY Lp,p r j , Snn fmv l ilON Of OPERATIONS 1 LOCATIONS /VEHICLES (Anach ACORD 101, Addif O" Reme,ks Schedule, irmore Waco h nWtrerA City of Richmond 50 N. Sth Street Richmond, IN 47374 11125 (2010/OS)' SHOULD ANY OF THE ABOVE DESCRIBED POLICES Be CANCELLED WORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIOIkG, ALITHORIED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD reserved. Affidavit of Employment Eligibility Verification The Contractor, , affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this 1A day of —__L� 20 T (signature (printed n e)