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Home My Public Portal About023-Lawn mowing LandfillAGREEMENT THIS AGREEMENT made and entered into this I `r day of _ 402,, / , 2004, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitation Commissioners (hereinafter referred to as the "City") and Richard McCarty d/b/a McCarty's Lawn Care, 821 Toschlog Road, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform lawn mowing services at the Wastewater Treatment Plant and the New Paris Pike Landfill. A Request for Quotes has been made available for inspection by Contractor, is on file in the Richmond Sanitary District Administration office for the City, is hereby incorporated by reference, made a part of this Agreement, attached hereto and marked as "Exhibit A". Contractor shall perform all work described on "Exhibit A". Contractor's response to said Request for Quotes is attached hereto as "Exhibit B", which Exhibit is dated February 9, 2004, consists of one (1) page, is 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. Contractor shall perform all work herein in a timely manner. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No work shall commence until the City is in receipt of any required bonds and certificates of insurance, and until 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 at the rates described on "Exhibit B" provided that Contractor's total compensation shall not exceed Twenty-two Thousand Eighty Dollars ($22,080.00) for all work performed pursuant to this Agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until December 31, 2005 Contract No. 23-2004 Page 1 of 5 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/or competent manner its obligations under this Agreement, which include, but are not limited to, all work listed on "Exhibit A"; b. ineffective or improper use of funds provided under this Agreement; C. suspension or termination of the grant funding to the City under which this Agreement is made; or d. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make prorated 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. A. M. C Coverage Worker's Compensation & Disability Requirements Employer's Liability Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage Page 2 of 5 Limits Statutory $100,000 $300,000 each occurrence $300,000 aggregate $100,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $300,000 each person $300,000 each occurrence $100,000 each occurrence $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. 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: 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 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 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. Page 3 of 5 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. 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 IX. MISCELLANEOUS ri assign tten consent of the other ar delegate an This Agreement is personal to the parties hereto and neither party may of its delegation or assignment, without the prior written consent of the otherpartyp I Any such rights or obligations hereunder without the prior w void. This Agreement shall be controlled by and interpreted according todishalla and shall be a null and 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 and venue 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 parties legal proceedings t said Courtsin . 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. If any court or tribunal declares any provision of this Agreement unenforceable, all other provisions of this Agreement shall remain in full force and effect. 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 4 of 5 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 Sanitation Commissioner's By - Date: APPROV Sarah L. utton Mayor Date: "CONTRACTOR" RICHARD MCCARTY D c arty's La Se ce By: Richard Mc arty Date: 3 2,3 Page 5 of 5 Richmond Sanitary District 2004 & 2005 Grass Cutting and Grounds Maintenance Service Request for Quotes — Specifications THIS IS A QUOTE FOR TWO YEARS (2004 thru 2005) FOR QUESTIONS AND TOUR OF GROUNDS CALL JEFF LOHMOELLER AT 983-7464 Mow and trim grass for entire wastewater treatment plant at 2380 Liberty Avenue, Richmond, Indiana, and the front entrance area at the New Paris Pike Landfill, 5242 New Paris Pike, Richmond, Indiana, Including: 1. Mowing 2. Trimming 3. Removing Debris before Mowing (trash, small limbs...) 4. Clearing Sidewalks of Clippings From time to time, additional services, such as bush trimming and spraying for weeds (Richmond Sanitary District will supply fertilizer), will be requested. Please indicate an hourly rate, for each person, to complete such requests. The response time after such a request is made should be no longer than two (2) weeks. Quote evaluation will be based on 24 cuttings and 750 hours additional requested projects/ services per year. EXHIBIT -A- PAGE —LOF 0 PRICE REQUEST �+ i L * 1 • I CITY OF RIC MOND DEPARTMENT NU SANITATION THIS IS NOT AN ORDER 2380 LIBERTY AVENUF..RICHMOND, IIdDIANA 47374 PHONE (765) 983-7450.FAX (765) 962-2669 �; . r , This is a request for a price for the services of materials McCarty Lawn Service described below. Any additional specifications may be Attn: Rick McCartyattached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. 821 Toschlog Road Please complete your full name and phone number below Richmond, IN 47374 with signature: itemize all prices and charges where requested, and attach any explanation for any substitution to specifications altered. Return In a sealed envelope, to the attention of Marc Johnson to the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DE7DELIVERED RY REQUIRED: 1/26/2004 4:30 P.M. ON 2/09/2004 UPON RECEIPT OF INVOICE DESCRIPTION - ADDITIONAL INSTRUCTIONS This is a request for prices valid for The 2004 & 2005 Calendar Year for the listed items: Grass Mowing — Wastewater Treatment Plant & Front Section of New Paris Pike Landfill: See Attached Specification — THIS IS A QUOTE FOR TWO YEARS Cost per Cutting, Treatment Plant $ C;� 2J : Do per cutting Cost per Cutting, New Paris Pike Landfill $_ 7) "n oer cutting 9 Cost for additional Requests $ Z�qro per man per hour (Additional requests will be made from time to time including bush trimming, landscaping, etc.) Include certificate of insurance with quote. Quote Valid Until Questions? Call Jeff Lohmoeller at 983-7464. STATE TAX EXEMPTION # 003121909-001 NAM F FIRM QUOTING: BY: f _ BY: '.✓r'£JJ Richmo d Sanitary District AUTHo D BY SIG TURF Tm.E DATE PHONE NUMBER EXHIBIT PAGE -L—OFL