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HomeMy Public PortalAbout041-2016 - Metro - Pro Lawn Care & Concrete LLC - Mowing for BEP HousesAGREEMENT THIS AGREEMENT made and entered into this AJ day of /`'/, 2016, and referred to as Contract No. 41-2016, 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 Pro Lawn Care & Concrete LLC, 1238 East Main Street, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide mowing services for properties that are a part of the City's Blight Elimination Program (`BEP") for the City of Richmond, Indiana, with said properties to be determined by the Department of Metropolitan Development (hereinafter referred to as the "Project"). A request for quotes, dated April 6, 2016, has been made available for inspection by Contractor, is on file with the Purchasing Department and the Department of Metropolitan Development, 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 attached hereto as "Exhibit A", which Exhibit is dated April 18, 2016, consists of consists of three (3) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained in "Exhibit A." 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 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. Contract No. 41-2016 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor the hourly rate of Fifty Dollars and Zero Cents ($50.00) per yard, for complete and satisfactory performance of said Project as set forth above. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by the parties and shall continue in effect until December 31, 2016. 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, 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 Page 2 of 6 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 A. Worker's Compensation & Disability Requirements 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 Limits Statutory $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 Page 3 of 6 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 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 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 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 Page 4 of 6 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. 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 parry 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. Page 5 of 6 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. 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 ✓,G�2� By: icki Robinson, President LIM Richnni FnnrP MPmhPr go Date: , �)�'�/ APPROVED: t Snow, Date: q — 2q - ( Co "CONTRACTOR" PRO LAWN CARE & CONCRETE LLC 1238 East Main Street Richmond, Indiana, 47374 By: V---i - l—, Printed: '�\ -C'r QC--- 11' - , Title: Date: Page 6 of 6 CITY OF RICHMOND 50 North Fifth Street jNDtANP Richmond, Indiana 47374 (765) 983-7200 PRICE REQUEST THIS IS NOT AN ORDER VENDOR INSTRUCTIONS This is a request for a price or quote for the services or materials described below. Any additional Pro Lawn Care specifications may be attached hereto. This is not an order and the City reserves the right to accept all or ATTN • Darian Houssain part, or decline the entire proposal. Please complete your full name, address, and phone number below with 1238 East Main Street signature; itemize all prices and charges where requested; and attach explanation for any substitution to Richmond, IN 47374 specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. DATE REPLY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS I April 6, 2016 Aril 18 2016 by 12:00 noon DELIVERED UPON RECEIPT OF INVOICE QUANTITY CATALOG NO. DESCRIPTION UNIT PRICE TOTAL Blight Elimination Program (BEP) Property Mowing Contract (See Attached) A current certificate of insurance must be included with your bid naming the City of Richmond as the certificate holder. PRICE REQUEST Bids must be enclosed in a sealed enve- lope with the project name on the out- side. Xi�h NAME OF FIRM QUOTING BY _ VICKI ROBINSON U36 E, MO PURCHASING DIRECTOR BY fiiclMno�d 1 t -1'64�`• RIZED BY EXHIBIT PAGE OF TITLE State Tax Exemption No. 003121909-001 DATE Phone No. REQUEST FOR QUOTE BLIGHT ELIMINATION PROGRAM PROPERTY MOWING CONTRACT-2016 City of Richmond The City of Richmond will be inviting proposals to provide mowing services including the removal of weeds, debris and rank vegetation within the corporate limits of the City of Richmond. Terms of Service The contractor shall furnish all labor, materials, equipment, and services necessary for and incidental to the proper completion of all work specified. Services to be provided for all properties will be designated by the Department of Metropolitan Development which is the enforcement authority. Services shall consist of: 1. Removal and disposal of all vegetation, refuse, trash, and debris from lot and public sidewalks. a. Trees and shrubs must be trimmed to maintain a minimum height clearance of eight (8) feet over sidewalks and within the minimum height clearance of requirements of fourteen (14) feet over streets and alleys. 2. Mowing and trimming around foundations and fences. 3. Removal of all debris generated by the work (grass clippings, limbs, shredded paper/debris, etc.). It shall be understood by the bidder that a flat rate will be paid per property, regardless of the time spent completing the work. The contractor shall promptly, and before conditions are disturbed, notify the Department of Metropolitan Development of unusual amounts of trash or debris deposited on the property. The conditions will be investigated and if such conditions warrant an exception in contractor's costs of performance on that property, a written, signed authorization will be issued. Before conditions are disturbed, the contractor shall upload a digital image of the site to an online system specified by City of Richmond. Upon completion of the work, the contractor shall upload a digital image of the completed work. Images must be uploaded within 24 hours of completion or the contractor will not be paid for the work at that site. Cut orders must be completed within five (5) working days of receipt from the enforcement authority. All cut orders will be issued electronically, to an email address designated by the contractor. EXHIBIT PAGE I OF 3 Invoices shall be submitted, electronically, via email to an address specified by the City of Richmond's Department of Metropolitan Development within five (5) working days of cut order completion. Invoices received more than five (5) working days after completion will not be paid. All invoices must include cut order number and date of issuance, as well as date completed. Notice to Bidders In order to qualify as a responsible bidder, a prospective contractor must submit the following with each bid: a. Name, address, and phone number of business. b. Name, email and cell phone number of contact person responsible for bid submitted. c. A list of three (3) references within the last two (2) years. d. A list of equipment owned. e. Length of time in business. f. A statement specifying the contractor's ability to perform on schedule. g. Current certificate of insurance with minimum coverage as specified in the attached insurance requirements naming City of Richmond as certificate holder. h. Affidavit of Employment Eligibility Verification (E-Verify) filled out and signed. i. Please include flat rate bid amount for individual projects (residential and business properties assigned to be cut when they exceed 12" in height). 2. Please include the rate to be charged per the "Terms of Services" portion of this request for quote. NOTICE is given that any deviation, change in, or addition to work required to be done by these specifications must be authorized, in writing, by the enforcement authority prior to performance. Failure to comply with requirements may result in expenses that are not payable by the City of Richmond. ITEMIZED BILLING IS REQUIRED. Invoices shall be submitted, electronically, via email to an address specified by the City of Richmond's Department of Metropolitan Development within five (5) working days of cut order completion. Invoices received more than five (5) working days after completion will not be paid. All invoices must include cut order number and date of issuance, as well as date completed. PAYMENT will be made via the Purchase Order process upon submission of invoices, paid monthly within approximately 30 days. PRICES will be valid for one (1) year with the option to renew year two (2) at the same cost, commencing on the date signatures are affixed on the contract. One contractor will be chosen based upon who is the most responsible and responsive bidder based upon the quoted rate and demonstration of the ability to perform the services outlined above. EXHIBIT _ PAGE 3 OF