HomeMy Public PortalAbout056-2012 - Engineering - Pro Lawn Care LandscAGREEMENT
THIS AGREEMENT made and entered into this _3rd _ day of _May _, 2012, and referred to as Contract
No. 56-2012 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its
Board of Public Works and Safety and through its Stormwater Management Board of Commissioners (hereinafter
referred to as the "City") and Pro Lawn Care & Landscaping, LLC, 1238 E. Main Street, 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 installation of new curbs and gutters on
North IIth Street, between North A and North D Street in Richmond, Indiana, in accordance with the Bid
Specifications described below (the "Project").
Certain Bid Specifications dated March 27, 2012, have been made available for inspection by Contractor, are on
file in the offices of the Director of Purchasing for the City of Richmond, 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 Bid Specifications is attached hereto as Exhibit A, which Exhibit is dated April
12, 2012, consists of six (6) pages, and is also hereby incorporated by reference and made a part of this
Agreement.
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 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 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION IL 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 a total sum not to exceed One Hundred Twenty-three Thousand Two Hundred Forty-
eight Dollars and Zero Cents ($123,248.00) for complete and satisfactory performance of the work required
hereunder.
Contract No. 56-2012
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SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until the completion
of the project, which completion shall be on or before August 3, 2012. A penalty will be assessed and deducted
from Contractor's retainage in the event services are still being performed by Contractor under this Agreement in
the amount of Fifty Dollars ($50.00) per day for each day past the date for completion as set forth above.
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
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 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.
SECTION V. WITHHOLDING, RETAINAGE, AND CLAIMS FOR PAYMENTS
Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide
for the payment of subcontractors, laborers, material suppliers, and those performing services under a public
works contractor and further agrees that in the event Contractor fails to timely pay any subcontractor, laborer, or
material supplier for the performance of services or delivery of materials under this Agreement that the Board of
Public Works and Safety for the City shall withhold payments in an amount sufficient to pay the subcontractors,
laborers, material suppliers, or those providing services. Contractor further understands, acknowledges, and
agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims
timely filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12.
SECTION VI. 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
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
Limik
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
$1,000,000 each aggregate
SECTION VII. 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 VIL 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 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
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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.
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.
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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" "CONTRACTOR"
THE CITY OF RICHMOND, PRO LAWN CARE & LANDSCAPING, LLC
INDIANA by and through its 1238 E. Main Street
Board of Public Works and Safety Richmond, IN 47374
By:_S/S Vicki Robinson By:_S/S Darin Housain
Vicki Robinson, President
By:_S/S Dian Lawson Title: _Owner
Dian Lawson, Member
By:_S/S Anthony L. Foster Date: May 10, 2012
Anthony L. Foster, II, Member
Date: Mav 3, 2012
THE CITY OF RICHMOND,
INDIANA by and through its
Stormwater Management Board of
Commissioners
By:_S/S Sue Miller
Sue Miller, President
By:_S/S Gilbert Klose
Gilbert Klose, Vice President
By:_S/S Richard Bodiker
Richard Bodiker, Member
Date: May 8, 2012
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: May 4, 2012
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