HomeMy Public PortalAbout164-2017 - Fitzwater, tree and lawn careAGREEMENT
THIS AGREEMENT made and entered into this # day of1_t1&Ai46V_, 2017, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Parks and Recreation, with its office at 50 North 5ch Street, Richmond, Indiana, 47374 (the
"City") and Fitzwater Tree & Lawn Care, 4617 Jaysville St. Johns Road, Greenville, OH 45331
(hereinafter individually and/or collectively referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide professional services in connection with the removal of
trees located on or near Dogwood Lane, Richmond, Indiana 47374, which City determines to be
"high priority", with a total of twenty-three (23) trees being removed, which have previously been
marked. Said trees are more specifically located at 3063 and 3074 Dogwood Lane, Richmond,
Indiana 47374. Contractor shall comply with the requirements previously requested by the City
which are set forth on the Request for Quotes attached hereto and incorporated by reference herein
as Exhibit "A." Contractor has responded by way of proposal which provides that the same is for
stage one (1) of three (3) of the entire tree clearing project, which is attached hereto and
incorporated by reference herein as Exhibit "B". Said proposal references a prior proposal, which
contains an exception, and that proposal is attached hereto and incorporated by reference herein as
Exhibit "C".
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 2. 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. 164-2017
Page 1 of 6
SECTION 3. COMPENSATION
City shall pay Contractor the sum of Forty Thousand Dollars and 00/100 ($40,000.00) for full and
complete satisfaction of the services described herein.
SECTION 4. TERM OF AGREEMENT
This Agreement shall become effective when signed by the parties and shall continue in effect
until completion of the Project.
Notwithstanding the term of this Agreement, the 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 by the Contractor to the City of reports that are incorrect or incomplete in
an 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 effective date by Contractor, 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 5. 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
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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
E. Comprehensive Umbrella Liability
Limits
Statutory
$100,000.00
$1,000,000.00 each occurrence
$2,000,000.00 aggregate
$1,000,000.00 each occurrence
$1,000,000.00 each person
$1,000,000.00 each occurrence
$1,000,000.00 each occurrence
$1,000,000.00 each occurrence
$1,000,000.00 each aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000.00 each occurrence
$2,000,000.00 each aggregate
SECTION 6. 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 7. 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
Page 3 of 6
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 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 8. 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 the City determines during the course of this Agreement
that this certification is no longer valid, the 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 9. 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;
Page 4 of 6
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 10. 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 11. 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. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
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.
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.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his 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 the City in its efforts to enforce this
Agreement, including but not limited to, the City's reasonable attorney's fees, whether or not suit
is filed.
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
ql�4/
&16—aa— —�
By:
Vicki Robinson, President
By:
Ll--
Richard Foore, Member
"CONTRACTOR"
Fitzwater Tree & Lawn Care
4617 Jaysville St. Johns Road
Greenville, OH 45331
By:
Printed:
Title:
*Anthony F
,*ember
Date: 1 /— /7-1 7
r
APPROVED:
Sno r
Date: f I - I
Page 6 of 6
CONTRACT REOUEST FORM
1. Date contract needed (Clerk or agenda deadline): ASAP Date Submitted to Law*: 10/27/2017 & 11/3/17
2. Board/Commission that will approve contract Board of Works
3. Has bid been awarded? Open Market
Date awarded or expected: NA
4. Is this a Common Construction Wage Project? No
5. Brief description of work to be performed or supplies to be furnished:
We have recieved funds to use to take down as many trees as we can on Dogwood Lane. We bid out the project and
it came back at 100,000 lump sum. We met with the company on 10130 determine the proper way to move forward
6. Name and address of Contractor to be retained: Fitzwater Tree & Lawn Care
7. What method was used to request bids? (check one)
Professional Services
x Request for Proposals
Request for Qualifications
4617 Jaysville St. Johns Road
Greenville, OH 45331
Request for Quotes
Bid Specifications
State Quantity Purchase Bid/Quote
8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? 9/20/2017
9. Date of Contractor's Response/proposal/Bid*. 10/5/2017
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? N/A
12. Amount to be paid to Contractor $ 40,000
13. Any other relevant information:
Term of Contract: until completion
A contract not to exceed 40,000 to take down the Dogwood Lane trees as proposed and declared as high priority. 23 trees
18 trees marked by the park and 5 marked as problem by the contractor. Located at 3063 & 3074 addresses for stage 1.
15. Submitted By: Denise Retz
Department: Parks Department
*Please complete and return, along with Contractor's response and any and all attachments or
exhibits, at least one (1) week before the contract is needed for its Agenda deadline. Incomplete
submissions will be returned to the Department Head.
A _ January 2011
Exhibit
4617 Jaysville St Johns Road
Greenville Ohio 45331
Ph 937-548-1705 Fax 937-548-0088
www. fitzwotertreean d lowncare. com
info@fitzwatertreeandlowncare. com
City of Richmond
50 North Fifth Street
Richmond, Indiana 47374
Ref: Stage one Phase one of the 2017 tree removal project.
This is the proposal the stage 1 of 3 for the tree clearing project.
Stage one — clearing a path on park property to the trees along the properties numeric address 3063,
3074. Clearing 18 marked trees, and 5 additional trees. Per your specification and our exception listed
on prior bid.
Project to be completed in December of 2017.
Total price is 40,000.00
Thank you for the opportunity of working with you.
Sincerely,
y Adams
Operations Manager
Fitzwater Tree and Lawn Care
Exhibit B
OCT/04/2017/WED 10:35 All Fitzwater Tree -Lawn FAX 110. 937-548-0088 P. 001/003
4617 Jaysville St Johns Road
Greenville Ohio 45331
Ph 937.548-1705 Fax937-548-0088
www.fitzwotertreeondlowncare.cam
Info@fl tzwotertreeondlowncore. corn
City of Richmond
50 North Fifth Street
Richmond, Indiana 47374
Ref: Bid Proposal on removal of 44 trees
Thank you for allowing Fitzwater Tree and Lawn Care to submit the following bid pricing for the removal
of 44 trees per your request. Please find below our cost and any exceptions, or explanations we may
have.
Performance Standards: no exceptions, or explanations
Protection of Overhead Utilities: no exceptions, or explanations
Clean up / Waste Removal / Access to Property: explanation on Item 5, — we will require a ground
clearing and any additional tree removal (dead or alive) to access proper equipment necessary to
remove the marked tree safely. In addition a proper clearing will be made for allowing the felling of
marked trees. Means of aggress will also be necessary for our crews to safely exit the area when trees
are being cut. This action will be the sole responsibility of the OSHA safety officer of Fitzwater Tree and
Lawn Care to determine the proper clearing necessary. Please note in some cases excessive removal of
vegetation will be removed on park property.
High Priority Trees for Removal: Exception — we are bidding a lump sum bid only. With the level of
difficulty on access to each area we can only bid a lump sum only, Several pieces of equipment and
special mower will need to be brought In from other areas and coordination of each crew is very time
consuming and not cost effective to us.
Equipment Specification:
Each piece of equipment is newer then 2014
Bucket trucks 75'
Remote bucket 100'
Forestry Mower
Chippers if necessary
We currently have addition fleet of 15 additional bucket trucks if necessary.
Exhibit C
OC?/04/2017/WED 10: 36 AM Fitzwater Tree -Lawn FAX Ko. 937-50-0088 P. 002/003
Cont.
Article F
F.1 indemnification — no exceptions
F.2 Worker's Compensaton Insurance — we are an Ohio based firm and we do follow all Worker's
Compensation Insurance based by the State of Ohio.
F.3 Insurance —ive meet and EXCEED required insurance
We currently E-Verity each employee under the Immigration reform and control Act of 1986 (P.L. 99-
603) we are in compliance with the Ohio E-Verify Program.
Our total price forthis project is ......................... _....... 100,000.00 (One hundred thousand and zero cents)
Sincerely,
7 3 1 V
David P. Furloog,
Owner
CONTRACT REOUEST FORM
1. Date contract needed (Clerk or agenda deadline): ASAP Date Submitted to Law*: 10/27/2017 & 11/3117
2. Board/Commission that will approve contract Board of works
3. Has bid been awarded? Open Market
Date awarded or expected: NA
4. Is this a Common Construction Wage Project? No
5. Brief description of work to be performed or supplies to be furnished:
We have recieved funds to use to take down as many trees as we can on Dogwood Lane. We bid out the project and
it came back at 100,000 lump sum. We met with the company on 10/30 determine the proper way to move forward
6. Name and address of Contractor to be retained: Fitzwater Tree & Lawn Care
7. What method was used to request bids? (check one)
Professional Services
x Request for Proposals
Request for Qualifications
4617 Jaysville St. Johns Road
Greenville, OH 45331
Request for Quotes
Bid Specifications
State Quantity Purchase Bid/Quote
8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? 9/20/2017
9. Date of Contractor's Response/Proposal/Bid* . 10/5/2017
10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? yes
11. In what office are the Bid Specifications/RFPBid lists on file with the City? N/A
12. Amount to be paid to Contractor S 40,000
13. Any other relevant information:
Term of Contract: until completion
A contract not to exceed 40,000 to take down the Dogwood Lane trees as proposed and declared as high priority. 23 trees
18 trees marked by the park and 5 marked as problem by the contractor. Located at 3063 & 3074 addresses for stage 1.
15. Submitted By: Denise Retz
Department: Parks Department
*Please complete and return, along with Contractor's response and any and all attachments or
exhibits, at least one (1) week before the contract is needed for its Agenda deadline. Incomplete
submissions will be returned to the Department Head.
Exhibit A
January 2011
�7
4617 Jaysville St Johns Road
Greenville Ohio 45331
Ph 937-548-1705 Fax 937-548-0088
www.fitzwotertreeandlawncare.com
info fttzwatertreeandlowncare.com
City of Richmond
50 North Fifth Street
Richmond, Indiana 47374
Ref: Stage one Phase one of the 2017 tree removal project.
This is the proposal the stage 1 of 3 for the tree clearing project.
Stage one — clearing a path on park property to the trees along the properties numeric address 3063,
3074. Clearing 18 marked trees, and 5 additional trees. Per your specification and our exception listed
on prior bid.
Project to be completed in December of 2017.
Total price is 40,000.00
Thank you for the opportunity of working with you.
Sincerely,
/ 0JyAd ms 06
Operations Manager
Fitzwater Tree and Lawn Care
Exhibit B
OCT/04/201?/WED 10:35 All Fitzwater Tree -Lawn FAX No.937-548-0088 P.001/003
-7
j
4617 Jaysville St Johns Road
Greenville Ohio 45331
Ph 937-548-1705 Fax 937-548-0088
www.fitzwotertreeandlowncore.com
fnfo@fitzwotertreeandlowncore.com
City of Richmond
S0 North Fifth Street
Richmond, Indiana 47374
Ref: Bid Proposal on removal of 44 trees
Thank you for allowing Fitzwater Tree and lawn Care to submit the following bid pricing for the removal
of 44 trees per your request. Please find below our cost and any exceptions, or explanations we may
have.
Performance Standards: no exceptions, or explanations
Protection of Overhead Utilities: no exceptions, or explanations
Clean up / Waste Removal / Access to Property: explanation on Item S. — we will require a ground
clearing and any additional tree removal (dead or alive) to access proper equipment necessary to
remove the marked tree safely. In addition a proper clearing will be made For allowing the felling of
marked trees. Means of aggress will also be necessary for our crews to safely exit the area when trees
are being cut. This action will be the sole responsibility of the OSHA safety officer of Fitzwater Tree and
Lawn Care to determine the proper clearing necessary. Please note in some cases excessive removal of
vegetation will be removed on park property.
High Priority Trees for Removal: Exception — we are bidding a lump sum bid only. With the level of
difficulty on access to each area we can only bid a lump sum only. Several pieces of equipment and
special mower will need to be brought In from other areas and coordination of each crew is very time
consuming and not cost effective to us.
Equipment Specification:
Each piece of equipment is newer then 2014
Bucket trucks 75'
Remote bucket 100'
Forestry Mower
Chippers if necessary
We currently have addition fleet of 15 additional bucket trucks if necessary.
Exhibit C
OCT/04/2017/WED 10:36 AM Fitzwater Tree -Lawn FAX No.937-548-0088 F.002/003
Cont.
Article 'F
F.1 indemnification — no exceptions
F.2 Worker's Compensaton insurance — we are an Ohio based firm and we do follow all Worker's
Compensation Insurance based by the State of Ohio.
F.3 insurance —We meet and EXCEED required insurance
We currently E-Verity each employee under the immigration reform and control Act of 1986 (P.L 99-
603) we are in compliance with the Ohio E-Verity Program.
our total price forthis project is .................... ..... ..... ,100,000.00 (One hundred thousand and zero cents)
Sincerely,
r
David P. Furlong
Owner