HomeMy Public PortalAbout160-2020 - Parks - Rineharts Lawncare & Landscaping - Construction of Pole Barnc ".
AGREEMENT
THIS AGREEMENT made and entered into this day ofWM�JU20, and referred
to as Contract No. 160-2020 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
5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Rinehart's Lawn
Care & 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 provide services in connection with the construction of a 32
foot by 30 foot pole barn with 12 foot overhang, which includes one (1) steel walk-in door, a 12
foot by 12 foot overhead garage door with garages -door opener, and which pole barn is to be
located at the Greenhouse location address of 28 Waterfall Road, to be performed for the
Richmond Parks Department (the "Project"). The services shall include proper cleanup and
disposal of all construction site debris.
A Request for Quotes dated October 25, 2020, has been made available for inspection by
Contractor, is on file in the offices of the Purchasing Manager and the Richmond Department of
Parks and Recreation, and 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 was received November 5, 2020, consists of four (4) pages, and is hereby incorporated
by reference and made a part of this Agreement. Contractor agrees to abide by the same.
Contractor shall not modify or alter any standard warranty from the manufacturer of any
materials or equipment installed as a part of said construction. Nothing contained herein shall
prevent Contractor from providing any additional or supplemental warranty in addition to that
provided by the Manufacturer. Further, Contractor shall provide City with copies of its warranty
upon receiving a written or verbal request to receive such warranty. Contractor shall provide a
twenty-five (25) year warranty on the metal materials and a three (3) year warranty on
workmanship.
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.
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Contract No. 160-2020
The Contractor shall furnish all labor, material, equipment, and services necessary which are
incidental to 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 22-5-1.7-1 1(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTO
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 a total amount not to exceed Twenty-seven Thousand Four Hundred
Fifty Dollars and Zero Cents ($27,450.00) for the satisfactory completion of this Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until satisfactory completion of the Project. The Project is expected to commence in 2020,
weather permitting, and completion of the same is expected to be on or before April 30, 2021.
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 proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete 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
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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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government, the State of Indiana, or local government.
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.
Coverage
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
Page 3 of 7
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
;;7
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
$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
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
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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 acting 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 monies
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.
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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. 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 suit arising
under this Contract, if any, 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 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 due to the enforcement of
this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit
is filed.
[Signature Page to Follow.]
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=l
In the event that an ambiguity or 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 Parks and Recreation
a
By: 2 �
Mike Foley, President
Date:
"CONTRACTOR"
RINEHART' S LAWN CARE &
LANDSCAPING
5905 State Road 121
Richmond, IN 47374
Printe����
�;�a/� �
APPROVED: i Title:
d
Sn , , M r
Date: IZ � � A
Date:
J� / / .61,
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Page 7 of 7
CITY OF RICFiMOND
50 North Fiftli Sheet
Richmond, Indiana 47374
(765) 983-7200
IWW�a,ts
DATE REPLY MUST BE IN
Octobe 23 2020 NOV,5 2020 Tl�
QUANTITY CATALOG NO.
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 lire City reserves the right to accept all or
part, or decline the entire proposal. Please complete
your full Dante, address, and phone number below with
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 add►•ess above by the specified date
and time to be considered unless otherwise specified.
DELIVERY REQUIRED I PAYMENT TERMS
DESCRIPTION
REBID
Pole Barn at
Greenhouse
(see attached)
UNIT PRICE I TOTAL
Ale 66tro
45 d7 U5- 0
I
I
Bids tnay be mailed or delivered to the City
of Richmond, ATTN. Kara Messler, 50 North
Sth Street, Richmond, IN 47374; or emalled
to kmessler@richmondindiana.gov ►SZ`�
- I
ESQ 2 at,�G�`�/
PRICE :REQUEST
f
l
NA E Or 1cIRM QUOTING
11 C�LC I
BY /
KARA MESSIER BY
PURCHASING MANAGER AUTHORIZED [3Y
TITLE
DATE ! '
State Tax Exemption No. 003121909.001 '1 V)5 , T 9clo
Phone No.
{ ,FIT' �-i i � ..'�../...-•--� .
POLE BARN REBID
Park's Department Greenhouse
28 Waterfall Road
RICNMOND, INDIANA 47374
SCOPE OF_WORK
The scope of work Includes the furnishing of all labor, tools, equipment, materials and supplies
necessary to construct a 32' X 30' Pole Barn. Project needs to be completed no latersethan Spring
202e,
with special preference to bidder that can complete In 2020, weather permitting ( )•
1,) General Conditions:
a) All bidders are required to visit the site to become familiarized with the existing site
conditions and access for equipment required to do scope of work prior to bidding
b) All bidders shall include all cost for such equipment and access In their bid.
c) contractor will provide all permits needed. * *free of charge with park project
d) Schedule of Work -The contractor shall provide a preliminary, outline of the schedule of
Work in his proposal.
e) Deadline for completion being Spring 2021 with project beginning In 2020, weather
permitting (see Section Other e),
2.) Site Preparation:
a) Coordinate the location and access to a staging area with park staff.
b) Parks Department will excavate site to appropriate depth, as instructed by the contractor,
c) All clean-up of debris and trash Is the responsibility of the contractor.
3.) Work Description
a) Construct a new 32' X 30' Pole Barn and
a, Alternate bid to include a new concrete slab approximately 32' X 30',
b) Roof will be gabled metal, color chosen by Department.
c) Building will be metal construction, color to be decided by Department.
d) 12" overhang on all four sides of building,
e) one 12' x 12' overhead door located on east side of building with garage door opener
a, Alternate bid —two 12' X 12' overhead doors located opposite end of building to
allow for a drive through
f) one steel walk-in door.
g) Contractor must provide all permitting necessary for project.
4,) Alternate Bids Accepted in this Proposal
a) Complete electric service to the new pole barn that Is currently capped and located at
the corner of the north greenhouse
b) Install 6 GFCI outlets, locations of which determined by Park staff
c) 32, X 3o' Concrete Slab
d) Two 12 x 12 overhang doors
19,
M
s,) Warranties
a) contractor must provide all warranties for workmanship.
b) Bid amount shall be Time and materials not to exceed,
c) No change orders will be accepted,
6.) Other
a) Contractor must provide Certificate of insurance as deemed by city of Richmond,
b) BIDS MUST BE RECEIVED BY Mggpm on November 5, 2020 to be open at Board of Works
meeting and later awarded at the Parks and Recreation Board Meeting.
c) Contract will follow award.
d) Parks and Recreation Department Is willing and able to work with the most re
spons(ble and
responsive bidder on the completion date as long as the project Is started In 2020,
e) MAIL or DELIVER TO:
City of Richmond
Attn: Kara Messier
50 North 51h Street
'Richmond, IN 47374
f) Call with Questions:
Jim Dykes, Asst, Park Superintendent
765-983-7423
Rinehart's Lawn Care & Landycapr>'ng
5905 81ale Roue 121
Rjohnloncl, lndlana 47374
PI 1: IN (765) 962-7940 Ol-t (937) 4-56-7168
I AX: (765) 962-4.802
-- ---.--------------Construction Work --------------- ----
Estimate for:
RICHMOND Parks Dept,
Attn: Denise Retz
Richmond, IN
We propose the following:
Date: Nov. 5, 2020
765-960-8969
deniscretz(cbrichmondindiana,ttov
fl* 30' x 32' Pole Barn
--Furnish & build 30'x 32' building,
--Barn will have 12" overhangs
-- (1) Steel Walk thru Door
-- (1) 12' x 12' garage door with opener
--Cleanup and dispose or all debris.
The fee for the above services: $27,450.00*
(Tltls includes all labor and material) above price does not includeany ground prep
(Does not include any applicable Indiana Sales Tax)
Payment terms., 50% down payment & balance due within 10 days of receipt of invoice.
Autliorized Signature
Note: This proposal may be withdrawn if not accepted
Acceptance of Proposal: Sign re: i
Ttta Am pdaos, Speciricallons and condidous arc
satisatctary and are hire by accupted. You are aut}torind
to do tha tt•ork as spcoilicd. Pa�y-mont Will ha mndu us-
outtincd nbovo
5
>llalc. o Aoaeplan$b• --'" j i 8nat
This work can be performed in 5 to 9 working days ca be started within the next 45 working
days, weather and ground conditions permitting.
Any customer changes, alterations or deviation from the above work requested after
proposal has been signed will be billed at Time and Material, and will be an additional Cost.
Alterunt-e: ADD 1 G 75.(]() to Above price For 1 additional 12'x 12' Over 11011d (look. w/
Opener