HomeMy Public PortalAbout046-2016 - Sanitary - Greenleaf Lawn Care - LawnAG,E,.,,E„, ORIGINAL
THIS AGREEMENT made and entered into this 5� day of Imel'y , 2016, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Sanitary Commissioners (referred to as the "City"), and Greenleaf Lawn Care, Inc., 208 E. Plum
Street, Centerville, IN 47330 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for work relative to grass cutting and grounds maintenance for the
City, for the specific locations of the City Treatment Plant; New Paris Pike Landfill; two (2) acres
on Straight Line Pike; and any additional areas which may subsequently be agreed upon by the
parties herein for a period ending December 31, 2016, with an option to renew for year two (2),
and year (3) with the term of year (3) ending on December 31, 2018.
A Request for Quotes has been made available for inspection by Contractor, is on file in the office
of the Department of Sanitation for the City of Richmond, consisting of one (1) typewritten page,
which is attached hereto and incorporated by reference herein as Exhibit "A".
The response of Contractor to said Request for Quotes is attached hereto and incorporated by
reference herein as Exhibit `B", consisting of two (2) typewritten pages.
Should any provisions, terms, or conditions contained in any of the documents attached hereto and
incorporated by reference herein as Exhibits, 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. Contractor shall submit statements or bills monthly.
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(s) signed by Contractor in accordance with
I.C. § 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION H. 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 indicated in Exhibit `B", which sets forth that Contractor shall
be paid the sum of Two Hundred Twenty-five Dollars and 00/100 ($225.00) per cutting at the City
Treatment Plant; Forty-five Dollars and 00/100 ($45.00) per cutting at the New Paris Pike Landfill;
Eighty Dollars and 00/100 ($80.00) per cutting at the specified two (2) acres on Straight Line Pike;
and Twenty-five Dollars ($25.00) per hour for additional services requested by the City. The
foregoing rates shall not exceed the aggregate sum of Twenty -Six Thousand Dollars and 00/100
($26,000.00) per year. The foregoing rates of compensation shall apply for years 2017 and 2018
should the parties choose exercise the option to renew.
Contract No. 46-2016
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SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall continue
in effect until to an including December 31, 2016 with an option to renew for two (2) additional
years with the expiration of the third (3`d) year ending on December 31, 2018, unless the parties
extend this Agreement by a written and signed Addendum. The Agreement shall automatically be
renewed each year, unless, by written notice more specifically set forth in this Section below, is
issued by either party to the other.
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 thirty (30) 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.
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.
This Agreement may also be terminated by either the City or the Contractor, without cause, by
giving at least thirty (30) days written notice to the other party.
In the event of termination of this Agreement, 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.
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.
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Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$2,000,000 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
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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 Board determines during the course
of this Agreement that this certification is no longer valid, Board 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 Board that
the Contractor has ceased investment activities in Iran within ninety (90) days after the
written notice is given to the Contractor, the Board may proceed with any remedies it may
have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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:
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;
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.
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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 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.
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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"
"CONTRACTOR"
The City of Richmond, Indiana, by and through Greenleaf Lawn Care, Inc.
its Board of Sanitary Commissioners
By:
Sue Miller, President
c
(Printed):
Aman resident Title: OW r—
Dated: 5 Z�
Aeg �Stiens, Member
Dated: S/ 2 ? 1 % 6
APPROVED:
D ow, ayor
Dated: 2 `� ((.
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CONTRACT REQUEST FORM
1. Date contract needed (Clerk or agenda deadline): ASAP Date Submitted to Law*:
2. Board/Commission that will approve contract RSD Board And Stormwater Management Board
3. Has bid been awarded? Yes Date awarded or expected: 04/12/16
4. Is this a Common Construction Wage Project? No
5. Brief description of work to be performed or supplies to be furnished:
Grass Cutting and Grounds Maintenance for the Sanitary District
6. Name and address of Contractor to be retained: Greenleaf Lawn Care
208 E PIurn Street
Centervilee, IN 47330
7. What method was used to request bids? (check one)
Request for Proposals (RFP) X Request for Quotes (RFQ)
Bid Specifications State Quantity Purchase Agr. Bid (QPA)
8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? March 15.2016
9. Date of Contractor's Response/Proposal/Bid. March 22.2016
10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes
11. In what office are the Bid Specifications/RFP/Bid lists on file with the City? Sanitation
12. Attach Contractor's response unless longer than ten (10) pages. If longer than ten (10) pages, in what
office is Contractor's response filed?
13. Amount to be paid to Contractor $ See attached Term of Contract: 46-dvy"a
�L�hgtantial r(1m�1�i.�
14. Any other relevant information:
This contract is able to be renewed for 2017, 2018 at the prices quoted for those years.
15. Submitted By: Jeff Lohmol
Department: Sanitation
`Please complete and return, along with all attachments or exhibits, at least one (1) week before the
contract is needed for its Agenda deadline.
Exhibit A
March 2009
,Q<( Grass Cutting and Grounds Maintenance Service
Proposal Sheet with
Option to Renew for 2017 and 2018
Scope of Work• Grass Cutting and Grounds Maintenance Service
"2016, 2017 and 2018"
v .1-
NAME OF CONTRACTORGeefi IN � ��� lire-
.ADDRESS � J
CITY/STATE �� "tG � j / t130
Year — 2016
Cost per Cutting, Treatment Plant
Cost per Cutting, New Paris Pike Landfill
$ 22 6-, 00 per cutting
$ 7 5, C7n per cutting
Cost per Cutting, 2 acres Straight Line Pike $� ` -if)
� per cutting
Cost for additional request per hour charge: $
Year -- 2017
Cost per Cutting, Treatment Plant
Cost per Cutting, New Paris Pike Landfill
. o Q per man hour
$ '�' 2 5: co per cutting
$ • 00 _per cutting
Cost per Cutting, 2 acres Straight Line Pike $ �D1 per cutting
Cost for additional request per hour charge: $ 2- 5, OD per man hour
10oilI IV
Year -- 2018
Cost per Cutting, Treatment Plant
Cost per Cutting, New Paris Pike Landfill:
$ 2 2-5, 0 0 per cutting
$ - 7 9= D per cutting
Cost per Cutting, 2 acres Straight Line Pike $ 8c), b per cutting
Cost for additional request per hour charge: $ 21S, 0 per marl hour
• CERTIFICATE OF INSURANCE INCLUDED (must et the City of
Richmond, IN requirements) YES NO
• E-VERIFICATION FORM FILLED OUT: YES NO
• IIZAN INVESTMENT ACTIVITIES YES NO
Exhibit B