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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 Page 1 of 6 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 Page 2 of 6 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 Page 3 of 6 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 Page 4 of 6 • 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" "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 7 Approved: ( Title: d . w or 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. • • • • • kii u C N 1 A 4 , 18 1 i 1 1 31 % . • � 1 V . -,a' 1 t V) hi. 1 t,,,C1 W g •{ `4 , , 0 '" D. N a0 l� �,NI (t. V) . A‘-''' t . i , _ 6 .1.1 V N i di 0 1 Si g ttl '0 ‘3 :""-4,-4 W 5) ‘;':' +(ti In 9 ° 1 ° . i . COtZ• Q V . ! N 0. ") 4 is, Ts 4-' _ a, U E ' N C m E C\ ti ,� CU 3 Q) Co. •Q c tv O_ m -a ogi no 4 tli N EQ) u ° o-a U u .F tio,,, O + - N si+ li'+ F, L. N ,1-• 0 'O Co kt....., L Is • U N ri Ta - w U x O tll O oZjo��ooNo Q � ci o ��`h\ '� • � � �, +� o C7 �! is it i . cu R! s_ 0 y = t a+ an v N v bn C s_ :70 1 • CO W CCC 4-, i� N L. ""Ni„,,,.... qq t1- a+ 00 . "D 4, 0 V 1. t , E to 2 lD O @ n O um ��r��1V Cl) 0 �j O r I Z 00 ra '� i o OE Lf-+, -0 .� �l0 A NA) t k t . 1 0 L° aj w v W a) o in L. -a ; o in Zr, a) Q Q in E ro N — m �o 0 00 L co 4., E N O 4O- . IL ' O c� N V) O -o O �Y ( \IS) co 0 -la Ey to s 1._ _Exhibit B :