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HomeMy WebLinkAboutRieth-Riley ConstructionRiet(-Riley Construction Street Dept. Paving Program - 2002 Appropriation #502; P.O. 01376 ,'q,----n.'~'TgL; TO Contract Not To Exceed $972,699.00 FORM AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and Rieth-Riley Construction Co., Inc. ("Vendor"). TERMS AND CONDITIONS ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") described in attached Exhibit A from City budget appropriation number 502 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest professional and technical standards. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Nine Hundred Seventy-Two Thousand Six Hundred Ninety-Nine Dollars ($972,699.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. Subject to the above, if the undisputed invoice amount is not paid within sixty (60) days of its receipt by City, then a late charge in a sum equal to one percent (1%) of such unpaid and undisputed invoice amount shall accrue and be due and payable by City to Vendor as a separate debt for each month it remains unpaid. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess of the Estimate. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to the specifications, samples and/or descriptions thereof furnished to Vendor by City and/or by Vendor to and accepted by City, that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's Rietl~-Riley Construction Street Dept. Paving Program - 2002 Appropriation #502; P.O. 01376 Contract Not To Exceed $972,699.00 intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. Vendor shall indemnify and hold harmless City from and against any and all liabilities, losses, claims, costs and expenses, including, but not limited to, attorney fees, incurred by City in connection with any such lien and/or the removal thereof. This indemnification obligation shall survive the termination of this Agreement. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; (2) obtain, upon such terms and in such manner as City deems appropriate in its sole discretion, the same or similar Goods and Services which were to be provided to City by Vendor, and Vendor shall be liable to City for any excess costs of the City in obtaining same; and (3) exercise any other rights or remedies as are available to City at law and/or in equity. INSURANCE AND INDEMNiFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana and reasonably acceptable to City, such Riet}~:Riley Construction Street Dept. Paving Program - 2002 Appropriation #502; P.O. 01376 Contract Not To Exceed $972,699.00 insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in cormection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, roles, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all existing and future laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. City reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person so discriminated against. 12. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, Rietl~-Riley Construction Street Dept. Paving Program - 2002 Appropriation #502; P.O. 01376 Contract Not To Exceed $972,699.00 and shall not delegate its obligations under this Agreement without City's prior written consent. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and Vendor and all of its officers, employees, contractors, subcontractors and agents are not, and shall not become, employees of City, and the sole responsibility to pay same all statutory, contractual and other benefits shall remain exclusively with Vendor. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 15. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 16. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 17. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Cam~el, Indiana 46032 ATTN: David Klingensmith, Director of Street Department (with a copy to City Attorney, One Civic Square, Carmel, IN 46032) If to Vendor: Rieth-Riley Construction Co., Inc. 1751 West Minnesota Street P. O. Box 276 Indianapolis, Indiana 46206 ATTN: Jacob M. West Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within ten (10) business days from the date of such oral notice. Rietk-Riley Construction Street Dept. Paving Program - 2002 Appropriation #502; P.O. 01376 Contract Not To Exceed $972,699.00 18. TERMINATION: 18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 18.2 Either party hereto may terminate this Agreement at any time upon thirty (30) days prior notice to the other party. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 20. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the Mayor or his duly authorized representative shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Vendor shall then provide, at no cost to City, an estimated cost for such additional goods and/or services, as well as the date by which same will be provided to City. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 21. TERM Subject to the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2002, and shall, on the first day of each January thereafter, automatically renew for a period of one (I) calendar year, unless otherwise agreed by the parties hereto. 22. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 23. BINDING EFFECT Rieth-Riley Construction Street Dept. Paving Program - 2002 Appropriation #502; P.O. 01376 Contract Not To Exceed $972,699.00 The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 24. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 26. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. 1N WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety ~ard, Presiding Officer bate: b -fl, 2.- ^ Ma~ An~ ~urk¢ M~pqr Date: RIETH-RILEY CONSTRUCTION CO., INC. Authorize~ignature Br±an P. Alfredson, P.E. Printed Name Sales Manager Title , Member FID/TIN: 35-0918397 Date: SSN if Sole Proprietor: ATTEST: ~6~[f_(' 4~dql_Ok_~ ~(~1~.: b~_f~_~'N Date: June 10, 2002 N/A Rieth-Riley Construction Street Dept. Paving Program - 2002 Appropriation #502: P.O. 01376 Contract Not To Exceed $972,699.00 Diana Cordray, IA~4C, C~ler.,k-T,,[re,,asurer Date: ~ "r;~ -Ob~N PART 1 BIDDER INFORMATION (Please Type or Print) 1.1 1.2 1.3 Bidder Name: Bidder Address: Rieth-Riley Construction Co.~ Inc. S~etAddmss: 1751 W. Minnesota St., PO Box 276 City: ~ State: ~N Zip: 46206 Phone#: ( )317/634-5561 Fax#: ( ) 317/631-6423 Bidder is a/an [mark one]: Individual __ Foreign (Out of State) Corporation; State: Joint Venture __ Other: Partnership x Indiana Corporation; 1.4 [The following must be answered if the Bidder or aw of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City of Carmel, Indiana, foreign corporations must register with the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General's Opinion #2, dated January 23, 1958.] · 1 Corporation Name: .2 Address: .3 Date registered with State of I~dlana: .4 Indiana Registered Agent: NalTle: Address: PART 2 BID PROPOSAL 2.1 Proiect Bid. The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fi~lfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described project, including any and all addenda thereto, for the total sum of Nine l~,m,lred Seventy Two Thousand Six l~,.~red Ninety g.~_~h~ and 43/lOODollazs ($ 972.698.43 ). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price. The Bidder further understands that aU work which may result on the Contract shall be compensated for on a lump sum bas~s and that the OWNER cannot and does not guarantee the amount or quantity of any kem of work to be performed or furnished under the Agreement. CITY OF CARMEL BID TABULATION SHEET project Name: 2002 PAVING PROGRAM Bid Date: 1-May-02 Substantial Completion Date: September 15, 2002 Final Completion Date: September 30, 2002 ITEM ff. DESCRIPTION UNIT IANTITY UNIT PRICE AMOUNT 1 2 3 4 5 6 7 8 'or AE 150 TAC 12,000 r #9 Binder ton 14,778 Surface HAC ton 11,316 Hand laid #12 surface ton 300 Bad spots cudremoved 500 ~littincj 149,219 18" Stone Berm ton 150 Speed Humps ea 4 TOTALS 0.70 49.00_ 29.00 0.57 17~00 875 8,400.00 458,118.00 700.00 14,500.00 054.83 2,550.00 2002 PROPOSED PAVING l) 2) 3) John Street from 146~h St. south to concrete 1,280' x 22' Mill 2" 1" binder 1" top Pearl Street from 3ohn Street to concrete 916' x 21' Mill 2" 1" binder 1" top Rolling Hills Dr. from 146~h St. to Pearl Street 810' x 21' Mill 2" 1" binder 1" top 4) S) 6) 7) Kent Drive - all 490' x 26' 1" binder 1" top Jeffrey Ct - all 410' x 26' l" binder l" top Cedar Lake Ct. - all 770' x 23' 1" binder 1" top Carmel Drive from U. S. 31 to Dorset 1,625' x 46' Mill to gutter to 0" in 8' 1 1/2" binder 1" top 03/13/02 8) 9) 11) 12) 13) 14) Carmel Drive from Guilford to Rangeline 3,970' x 44' Mill to gutter 2" binder 1" top Pennsylvania Pkwy. From 106th St. to 103rd St. 1,848' x 24' 1" binder 1" top 103rd Street from U. S. 31 to Pennsylvania Pkwy 600' x 60' Mill 2" 1" binder 1" top Check loops Gradle Drive from Carmel Drive to 3rd Ave. S. W. 2,577' x 25' 1 1/z" binder 1" top 18' berm Smokey Hollow Pl. 454' x 23' 1" binder 1" top ]ason Street from 146th St. to 2934 .lason St. 974' x 27' 1" binder 1" top 27' butt joint ]eremy Drive from ]ason Street to 14384 ]eremy Drive 880' x 27' 1" binder 1" top 27' butt joint 15) 3eremy Court - all 254' x 24' 1 Vz" top 2002 Pavirlg Program 03/13/02 3ason Street from Carey Road to 3129 3ason Street 863' x 27' 1" binder 1" top 27' butt joint Allison Dr from Hazel Foster Dr to the 2® contact with 3ason St. 1,961' x 27' 1" binder 1" top 18) 19) 20) 21) 22) 23) Allison Ct- all 460' x 24' 1" binder 1" top Hazel Foster Drive from Carey Rd. to 3082 Hazel Foster Dr. 1,385' x 27' 1" binder 1" top 27' butt joint Maralice Drive from Hazel Foster to 3232 Maralice 160' x 27' 1" binder 1" top 27' butt joint Hazel Foster Ct E. - all 260' x 24' 1" binder 1" top Hazel Foster Ct. W. - all 340' x 24' 1" binder 1" top Stacey St. from Hazel Foster Dr. to 14215 Stacey St. 655' x 27' 1" binder 1" top 27' butt joint 2002 Paving Program 24) Mohawk Court- all 530' x 24' Mill to gutter 1" binder 1' top 25) Douglas Drive from Mohawk Ct. to Lawrence Dr. 682' x 24' Mill to gutter 1" binder 1" top 26) Lawrence Drive from 126th St. to Cool Creek Drive 1,398' x 24' Mill to gutter 1" binder 1" top 27) Fairbanks Drive from 126th St. to end 1,556' x 25' Mill to gutter 1" binder 1" top 28) Cross Street from Fairbanks to Hillcrest 307' x 24' Mill to gutter 1" binder 1' top 29) Carrington Circle and Place - ail 1,205' x 27' 1" binder 1" top 30) 126th Street from Hazel Dell Roundabout to River Road 4,333' x 20' Mill 3" 2" binder 1" top 2002 Paving Program 31) Eden Glen Drive from 116th St. to Carmel Dr. 3,267' x 29' Mill to gutter 1" binder 1" top 32) Ist cul-de-sac N. of 116th on Eden Glen Dr. 266' x 24' iVlill to gutter 1" binder 1" top 33) 2nd cul-de-sac north of 116th on Eden Glen Drive 299' x 24' IVlill to gutter 1" binder 1" top 34) 3rd cul-de-sac north of 116th on Eden Glen Drive 234' x 24' Mill to gutter 1" binder 1" top 35) 4th cul-de-sac north of 116th on Eden Glen Dr. 269' x 24' Mill to gutter 1" binder 1" top 36) 5th cul-de-sac north of 116th on Eden Glen Dr. 233' x 24' Mill to gutter 1" binder 1" top 37) Hampton Court - all 254' x 24' Mill to gutter 1" binder 1" top 03/13/02 " 38) 39) Green Street from 116th St. south to end 2,020' x 28' Mill to gutter 1" binder 1" top Green Court- all 179' x 24' Mill to gutter 1" binder 1" top 40) Green Place- all 231' x 24' Mill to gutter 1" binder 1" top 41) Moss Drive and Rolling Springs Dr. from Green St. to Haverstick 3,559' x 28' Mill to gutter 1" binder 1" top 42) Wood Court- all 391' x 28' Mill to gutter 1" binder 1" top 43) Lakeshore Drive West from 106th St. north 2,887' 2,887' x 38' Mill to gutter I 1/2" binder 1" top 44) Cheryl Ct. - all 321' x 24' Mill to gutter 1" binder 1" top 2002 Paving Program ~= ~'~/~' 03/13/02 ~. (~ 45) Lakeview Drive from Hensel north 1,159' x 30' Mill to gutter 1" binder 1" top 46) Lakeshore Drive East from 106th St. tO 116th St. 5,820' X 39' Mill tO gutter 1 '/2" binder 1" top 47) Emily Way- all 640' x 24' a) Mill to gutter 371' x 24' b) 640' x 24' 1" binder 1" top 48) Rolling Springs Drive from Lakeshore Dr. E. to Haverstick Rd. 1,659' x 24' Mill to gutter 1" binder 1" top 49) Rolling Springs Ct. - all 1,446' x 24' Mill to gutter 1" binder 1" top 50) 96th Street from west of Threel to Lakeshore Drive East 1,842' x 40' Mill 3" 2" binder 1" top 51) Marie Drive from 96th St. to Bauer Drive 929' x 27' 1" binder 1" top 2002 paving Program 03/1L4/02 : ! 0 If Bauer Drive from Marie Dr. to Lakeshore Drive East 684' x 27' 1" binder 1" top 2002 Paving Program Name of Company: Address & Zip: Telephone No.: Fax No.: EXHIBIT B Invoice Date: Project Name: Invoice No: Person Providing Goods/Services Date Good. s/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Goods Cost Per Item .Services Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: $ 200,000 each employee $ 500,000 each accident $1,000,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: $1,000,000 $1,000,000 Personal & Advertising Injury Policy Limit: Each Occurrence Limit: Fire Damage (any one fire): Medical Expense Limit (any one person): $1,000,000 $ 500,000 $ 500,000 $ 100,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: $ 500,000 each accident $ 500,000 each accident $1,000,000 Umbrella Excess Liability Each occurrence and aggregate: $1,000,000 Maximum deductible: $ 25,000