HomeMy Public PortalAbout091-2022 - Park - Rinehart Lawn Care - Weed Abatement AGREEMENT
THIS AGREEMENT made and entered into this ��
2 day of j(,iyt.Q„ , 2022, 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 (the
"City") and Rinehart Lawn Care & Landscaping, 5905 State Road 121, Richmond, Indiana
47374 (hereinafter individually and/or collectively referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide weed abatement services consistent with the request for
quotes previously issued by City, which is attached hereto and incorporated by reference herein
as Exhibit"A". Contractor shall perform the services set forth in its Bid Sheet,which is attached
hereto and incorporated by reference herein as Exhibit`B".
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.
SECTION 3. COMPENSATION
City shall pay Contractor the rates set forth on Exhibit`B", which rates are specified pursuant to
two (2) spraying applications in the areas set forth within the exhibit, except for the bridges
contained therein, which shall result in a total payment to contractor of Sixty Thousand Dollars
and 00/100 ($60,000.00). Exhibit `B" contains a price for a third (3rd) spraying application;
however,the City is only electing to secure the first two (2) applications.
Contract No.91-2022
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SECTION 4. TERM OF AGREEMENT
This Agreement shall become effective when signed by the parties and shall continue in effect
through December 31, 2022 with the Contractor ensuring that two (2) spraying applications are
completed pursuant to the direction of the City. City shall have the option to renew this Contract
for an additional two (2) year term by notifying the Contractor of this election within thirty (30)
days prior to the expiration of this Contract; however, the rates for any additional term shall be
renegotiated and agreed upon by the parties prior to the City being capable of renewing this
Contract.
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 Contractor or by any sub-contractors or by anyone
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directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000.00
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000.00 each occurrence
$2,000,000.00 aggregate
Section 2. Property Damage $1,000,000.00 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000.00 each person
$1,000,000.00 each occurrence
Section 2. Property Damage $1,000,000.00 each occurrence
E. Comprehensive Umbrella Liability $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-VER.IFY 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
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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:
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
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•
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.
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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" "CONTRACTOR"
TH V CITY OF RICHMOND, Rinehart Lawn Care&Landscaping
INDIANA by and through its
Board of Parks and Recreation
By: gIIID
B- L✓ cc.
nlovio-r
kefdDate: �Q' ? 20 2 _ Pr
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Approved: ( Title:
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Date: 93 toll' Date: C/1
/47—
Page 6 of 6
REQUEST FOR QUOTES
WEED ABATEMENT
CITY OF RICHMOND, INDIANA
I. SCOPE OF WORK
The work to be performed shall consist of furnishing all labor, materials, and
equipment necessary to administer and manage the weed abatement program
and abate weeds along curbs, sidewalks, medians and right of ways in the list of
assigned areas provided. Also picking up all trash including cigarettes in all of
those areas and the clean-up of the dead and decomposed weeds after
treatment has been applied. This is to be done three (3) times a year or as often
and as specified by the City of Richmond, Parks and Recreation Department.
The contract period will be from the signing of the contract until 12-31-2022, with
the option to renew for 2023 and 2024 calendar year.
2. GENERAL CONDITIONS
a) All bidders are required to visit the sites to become familiarized with the
existing site conditions and access for equipment required to do scope
of work prior to bidding and shall include all cost for such equipment
and access in their bid. Contractor will provide all permits needed.
3. SPECIFIC AREAS AND LOCATIONS
a) North A Street from North 16th Street West to City Building
b) South A Street from SW 1st East to 18th Street
c) National Road West from 18th East to SW 1st Street
d) Northwest 5th Street-US 40
e) Williamsburg Plke-70
f) Chester Blvd. from 70 to-Old Reid Hospital Site
g) East Main Street from 16th Street-70
h) South 27 from R.P.&L North to South L Street •
i) Bridges: Lamar Lundy, Main Street, G Street, Richmond
Ave. Twentieth Century
j) South 37th Street to South B Street
k) US 40 to Henley Road and through Kroger Corridor
Exhibit A
4. WORK DESCRIPTION REQUIREMENTS
a) MUST Spray to kill all weeds in the listed areas along ALL curbs,
sidewalks, medians and right of ways.
b) MUST clean all trash including cigarette butts and noticeable trash
along areas and locations.
c) MUST remove ALL dead and decomposed weeds after treatment.
d) MUST follow *RESPONSIBLE SPRAYING PRACTICES while spraying
along areas with storm drains and other waterways that could disrupt
water quality or cause sanitary issues for our City or County in any
capacity.
**RESPONSIBLE SPRAYING PRACTICES are defined as follows.
• All sprayed areas must be flagged for herbicide use after
application.
• Curb areas with significant debris such as dirt, silt, sand, or garbage,
including cigarettes, must be cleaned before herbicide application.
• All spraying must be done a minimum of 6 hours before rainfall to
ensure adequate absorption and drying.
• Winds may not exceed 12mph during application to prevent drift.
• Temperatures must be between 40 and 85 degrees or in accordance
with the label of herbicide.
• All applicators must wear all recommended PPE based on the
toxicity of the herbicide.
• Herbicides with toxicity labeling of poison (highly toxic or extremely
toxic) are prohibited due to widespread application and potential for
contamination. Herbicides with toxicity labeling of danger
(moderately toxic) must only be used if a slightly toxic (toxicity label
of caution) alternative is ineffective.
• Reminder: Any use of herbicide inconsistent with its labeling is a
violation of federal law.
5. WARRANTIES AND INSPECTIONS
a) Contractor must provide all warranties for workmanship.
b) Time and materials not to exceed listed in the bid
• c) All work will be inspected after completion.
d) If for any reason the work does not meet the standards as
requested, all or a portion will be required to be re-done to be fully
completed to the standards expected above.
•
6. OTHER
a) The locationsand!areas *00ii:1:3::.ar.6:',tehtatiV6Z6nd:::sUbjebt:to be
plirdna104.:NO,fo:pgd60i0o:ti:gfril
b),:bitY,bfiRiCh.rnondiPark6 6666 Recreation Department may choose 1,
2, or all 3 applications for 2022 and also add or decrease inthe
c) Contractor must provide a Certificate of Insurance naming the City of
Richmond as the certificate holder.
d) Contractor must provide a copy of all licenses to apply pesticides.
e) Questions regarding the Weed Abatement Request for Quotes
should be directed to Jim Dykes, Park Assistant Superintendent,
765-983-7423 or by email at jdvkes(@fichmondindiana.qov
All quotes are due ThuredaY•jApriF7th•;\2022:fat4::59;:iiiii Quotes must be
mailed or delivered to Kara Noe, Purchasing Manager in Purchasing Dept
of City of Richmond, 50 N 5" St, Richmond IN 47374. Quotes are to be in a
sealed envelope with the project name on the outside. Certificate of
Insurance and E-verify form must be included. Quotes will be opened
during the Board of Public Works and Safety meeting help at Richmond
Municipal Building at 5:00 pm on March 1ph, 2022.
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_Exhibit B :