HomeMy Public PortalAbout132-2016 - Street - Rinehart Lawn Care - S. 7th Street sidewalkORIGINAL
AGREEMENT
THIS AGREEMENT made and entered into this day of Ova , 2016, and
referred to as Contract No. 132-2016, 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 Rinehart's Lawn Care and Landscaping, 5905 State Road 121,
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 South 71h Street
Sidewalk Project for the City of Richmond, Indiana (the "Project").
Bid Specifications dated September 7, 2016, have been made available for inspection by
Contractor, are on file in the office of the Director of the Purchasing Department for the City of
Richmond and the office of the Street Department, and are 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 Responses dated September 21, 2016, along with
Contractor's bid clarification sheet dated October 5, 2016, is attached hereto as Exhibit A, which
Exhibit consists of eight (8) pages, and is also hereby incorporated by reference and made a part
of this Agreement. Contractor agrees to abide by the same.
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 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;
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. 132-2016
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor a total amount not to exceed One Hundred Five Thousand Eight
Hundred Twelve Dollars and Fifty Cents ($105,812.50) for the complete and satisfactory
performance of this Agreement.
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, which completion shall be on or before May 31, 2017.
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
Page 2 of 6
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
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. 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
Page 3 of 6
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
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 VIII. 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 mey 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.
Page 4 of 6
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 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. 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 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.
Page 5 of 6
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.
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.
LIA
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
Vicki Robinson, President
By:
Richard Foore, Member
APPROVED:
M. nf��ayor
Date: 1- 21 - l G
"CONTRACTOR"
RINEHART'S LAWN CARE AND
LANDSCAPING
5905 State Road 121
Richmond, Indiana, 47374
Printed:
Titlel/ V
Date:
Page 6 of 6
Rinehart's Lawn Care and Landscaping
5905 State Road 121
Richmond, Indiana 47374
(rinehartslc@gmail. com)
PHONES: IN (765) 962-7940 OH10 (937) 456-7168
FAX: (765) 962-4802
OCT. P, 2016
RICHMOND STREET Dept.
Attn : T.L. Bosell
Richmond, IN 47374
CLARIFICATION of South 7 h St Sidewalk. Bid
T.L.:
LINE # 4 of Bid(service walks) says 9 yards - 225.00 per = 6750.00
LINE #4 of Bid (service walks) Should say 6yards — 225.00 per walk = 6750.00
RLC estimated there are 30 service walks to put back in place.
Honestly My 18 year old Daughter was in car wreck at 245 pm, the afternoon bid was Due on
State Road 121 north of Fort Jefferson, OHIO. I was working on paper work for the bid that
was due at 5pm that day. Ileft work and went to scene of her accident directly. I spoke to her
and the offuer on site. Once Report was done and Our Totaled car was loaded on wrecker. I
took my Daughter home at 4.25 pm, Then headed to city building to drop of the Bid
In my Rush to get bid turned in on time I did the correct math 30 x 225.00= 6750.00, But Failed
to write it down as per walk on Bid Line
=eart,
Rinehart's Lawn Care & Landscaping
CITY OF RICHMOND
a 50 North Fifth Street
Q;A�t Richmond, Indiana 47374
(765) 983-7200
Rinehart's Lawn Care
ATTN: Chad Rinehart
5905 State Road 121
Richmond, IN 47374
PRICE REQUEST
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 %vith
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.
DATE
Sept. 7, 2016
PLY RfUST BE I
Se t. 22 2016 b 4,59 .m.
DELIVERY REQUIRED
DELIVERED
PAYhIENT TERMS
UPON RECEIPT OF INVOICE
QUANTITY
TALOG NO.
DESCRIPTION
UNIT PRICE
TOTAL
South 7th Street Sidewalk Project
(see attached)
A current certificate of insurance must be
included with your bid naming the City of
Richmond as the certificate holder.
Bids must be enclosed in a sealed enve-
lope with the project name on the out-
side.
PRICE REQUEST
13Y
VICKI ROBINSON
PURCHASING DIRECTOR
<7/Z/ �-b
State Tax Exemption No. 003121909-001 DATE
�
__ Phone No. 9zJ77- zzS's',Z
South 711, Street Sidewalk Project
Scope of Work: The City of Richmond is requesting bids for 1105 feet of sidewalk to be replaced
in the 500, 600 & 700 block of South Th Street on the west side of street. Existing brick pavers shall
be used as sidewalk with 2 concrete bands on each side making the sidewalk 6 ft. wide. The
i-itersection of South F and G shall have handicap ramps installed. The Contractor shall provide a
price to complete the job per specifications outlined by the City Engineering Office & Street
Department. Project completion shall be 12 weeks after purchase order date.
Contact: Please call T.L. Bosell, Street Commissioner or Dave Lear, Street Department at 983 -
7225.
Bids are due Sept, 22, 2016, 4:59 p.m, in the City of Richmond Purchasing Department in a sealed
envelope with project name on the outside of the envelope. Late bids will be considered.
Description
1. 2 - 6" wide concrete bands J 1105 LF long
2. 4 - Type "A" ADA Handicap Ramps
3. 4 - Type "C" ADA Handicap Ramps
4. Service walks
5. Stone
6. Sand
Estimated Quantit
Unit Price
Total
1
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Tota.......................................................................... $
Contractor Name
Address
Contact Person/ Telephone Number
1
SPECIFICATIONS — South 7th Street Sidewalk Project
L. Contractor is responsible for removal and prepping of existing brick pavers for reinstallation.
Brick pavers shall be palletized and stored in a safe and secure place upon removal.
2. Existing brick pavers shall be reinstalled as sidewalk with 6" concrete bands on outside making
the sidewalk 6 foot wide with herringbone design (see drawings). Sub grade should be
compacted, then 4" of #53 aggregate added to make the base, compacted, and 2" of sand between
#53's and brick pavers. Sidewalk width can vary 1" or 2" depending on size of bricks.
3. Geotextile fabric shall be installed over aggregate.
4. Eight (8) ADA concrete ramps shall be installed at the corners of South F and South G Street.
ADA Type "A" ramps shall be installed on South F and South G Street side, and ADA Type "C"
ramps shall be installed on 7th Street side. ADA ramps shall meet all ADA requirements
including detectable warning strips (see drawings).
4. Concrete shall be 4000 PSI Class "A" limestone with fibers.
5. All landscaping should be included in bid. Contractor shall clean top soil for backfill, seed and
straw after completed.
6. Asphalt patching shall be included in ramp installation price.
7. Sidewalk will stop where new sidewalk begins at 732 South 7- Street.
8. Concrete service walks, 3 foot wide, shall be added in front of each address, unless homeowner
would not like theirs replaced.
9. All bidders are to familiarize themselves of the conditions under which the work is to be
performed, the site of the work, the obstacles which may be encountered, and all other relevant
matters concerning the work to be performed such as measurements.
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