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HomeMy Public PortalAbout056-2023 - Parks - Highway 38 Dumpsters and Restrooms - Portable Toilets V . . AGREEMENT , THIS AGREEMENT made and entered into this I '' day of I 1 _, 2023, and referred to as Contract No. 56-2023 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 Highway 38 Dumpsters & Restrooms, 560 W Main Street, Hagerstown, Indiana, 47346 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide portable restroom toilets and associated rental/maintenance services for placement at various locations for the Richmond Parks and Recreation Department. A Request for Quotes rdated March 1, 2023, has been made available for inspection by Contractor, is on file in the offices of the 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 March 2, 2023, consists of six (6) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. 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: I. 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 p„,rchase order has been issued by the Purchasing Department. SECTION II. 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. 56-2023 Page 1 of 6 • SECTION III. COMPENSATION City shall pay Contractor at the rental/maintenance rates described on Contractor's quote, provided that the total amount payable to Contractor for the 2023 calendar year shall not exceed Ten Thousand Dollars and Zero Cents ($1.0,000.00) for satisfactory completion of this Agreement. SECTION IV, TERM OF AGE.EEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until December 31., 2023. The City shall retain two (2) options to renew this Agreement with the same terms and conditions for the 2024 and 2025 calendar years. 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 he 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 shalt 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. Page 2 of 6 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 Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section I. 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. Page 3 of 6 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 Affidvit 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. lithe 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 l 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 that this certification is no longer valid, City shall notify Contractor in writing of said determination land 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, Page 4 of 6 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 he 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. Page 5 of 6 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. 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 :t Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. ,4arry,, "CONTRACTOR" THE CITY OF RICHMOND, HIGHWAY 38 DUMPSTERS & INDIANA by and through its RESTROOMS Board of Parks and Recreation 560 W Main Street Hagerstown, IN 47346 ( By: By: 0 iriy Tiauna Washington,President 16- —(1.3 jeccleck_ 0 y“,,, Date: Printed: yti APPROVED: t- r Davi . Sn ,Ma r Date; 0 g/73 Date:_ _ Page 6 of 6 ail Denise Retz<deniseretz@richmondindiana.gov> Fwd: Portable Restroom Prices Highway 38 Dumpstors&Restrooms <hwy38dr@yahoo.com> Thu, Mar 2, 2023 at 5:32 PM To:Denise Retz<deniseretz@richmondindiana.gov> Cc: Emma Stanton <efarmer@richmandindiana.gov> Hi Denis & Emma I highlighted a few of the "extra charges" in the quote - but most of those things don't happen often. No extra fuel charges etc. I also attached a full price sheet and our terms agreement that highlights everything about the portable restrooms. Let me know if you have questions Thanks Jessica [Quoted text tudden] 4 attachments Hwy 38 Terms &Prices.pdf 285K QUOTE.pdf " 147K lilt Parks Vendor 2.pdf 536K Parks Vendorl.pdf 557K EXHIBIT A PAGE,1 OF-1D HIGHWAY 38 DUMPSERS & REStROOMS QUOTE 5 Regular Restrooms $120 each per month= $600 1 Handicap Restroom— $155 per month Total=$755 per month 3 year contract is same price. Each include a urinal,hand sanitizer dispenser and toilet, The handicap sits on the ground with a more spacious design. Each include a weekly service - wipe down, pump out, supply restock We bill on a 28-day advance billing cycle following the first initial payment. Our fees are not prorated for early pick up. Our standard portable toilet service is performed once per week and included in the monthly rental price. If once per week is not adequate, you should consider adding an additional unit to the jobsite location. Extra cleaning days are available at an additional cost per cleaning and could exceed the cost of additional unit. Emergency service can result in $50-100 additional charge based on location and schedule. Tip overs related to wind or storms are not liable for the additional fee. We may stake restrooms to limit weather related tip overs. No trash should be damped in toilets—this results in a clogged hose and can interrupt or delay service. If continued issues arise, an additional fee of$50-100 may arise or removal of unit all together. Customer is responsible for damage and/or loss of unit(s) while on site. Please contact us for delivery or removal of the unit and we will schedule it to be picked up on the next available day we are in your area. If removal is needed outside of our normal route schedule, there is an additional charge of$50. [EXHIBIT Pt PAGE a_ OF ' ' 38 DUMPS-*-RoQ^RsStRooMo 560 W. Main St Hagerstown, IN 47346 765-914-0996 2023 Price Sheet Portable RestrooMOs Standard Unit $100vveekend *Starting at$12O-I45 monthly Includes mirror, urinal,toilet Fresh Water Flush Unit $145weakend *Starting at$165-l85monthly Includes flush toilet, fresh water sink, paper towel dispenser Handicap Unit $135vveekend *Starting at$155'17Smonthly Sits at ground level for easy accessibility, larger spacious design Hand Wash Station $115weehen6 *Starting at$155'175monthly Included Z sinks each with foot water pump &paper towel dispenser All units indude a hand sanitizer dispenser(except hand wash station which has hand soap) Twice a week servicing available for an additional $3O per week per unit *Price includes weekly servicinq D0mpsteKs 30Yord $450 Upto4Tons 10Days 30Yard $510 UptoGTons 10Days $10o day post 10days $60 per ton overage charge * No appliances w/thtreon, TVs, tires or oil. -- | /EXHIBIT �v PAGE 3 OF L, | ' ' ^ We/CQDne to the Highway 38 Family! First of all, we want to thank you for your business and patronage! And we sincerely apologize for the tardiness of our billing. Please disregard the "overdue" statement. This transition has been slowly happening since November and vve finally have our new software up and running! Seth & I are very excited for this new business adventure and getting to know all of you - our valued customers! We're a husband/wife team with a 6-month-old, 2 dogs & a not-so-mini pig. We don't shy away from hard work ora challenge asvve also own several other businesses! When we're not working you can find us in the garden or at Dale Follow Lake} What you can expect from us.., Oeanerrestroonos Timely Durnpster Service Reasonable Prices Social media presence—ChEck us out on Faccbook| "Highvvay]8 OumpsLero & Restrourns" Improved Billing (send us yoiur email to go paperless! And we can do automated payments!) New Changes We've included our new portable restroom agreement with this letter & 2023 price sheet (spoiler alert: our restrooms & service fees are the same, durnpsters have increased) Please sign the agreement and send it back toua—Highway 38 «w"rnpstersQ' Rest?umnns56OVV Main St Hagerstown, yN47346 You may have also noticed z change in your bill—we will be transitioning all month-to-month rentals to a 28 day billing cycle with advance payment. Som/e will be "catching up" some accounts.This isonindustry standard and will ensure vve keep our billing more streamlined. So at any time you may see a pro-ration for when toilets are added midway in a billing cycle. You will see the quantity calculated by Units on Site Number of Days /n the Period. For example...ifa site has Z restroonnx, then adds 2 more 10days later, our system Will automatically pro-rate those 2 toilets on site for the IO days of the cycle, then then pro-rate the 4 restrooms for the remaining days of the cycle/period. We do not pro-rate for early pick up. At anytime you have a ques-.ion or concern, let us know! Sometime this summer, we plan to host an open house ntour new shop location with FREE food too, so stay tuned for more details later! Appreciatively, Seth Q'Jessica Gregory ` HIGHWAY Hw/y380R@yahoo.cprn 765'914'0996 ' 38 ' OuMPSI= S& Rs!flRooms , , ^ , Rental Agreement for Portable Toilet 1. There is four*/eekninimum rental for woMohe portable toilets,We bill an a 28'day advance billing cycle fo||mwingtheMrstinhja| payment.Uurfeesarenotproratedforearlypickup.Aserv(ce|nterruptionorremova| of the toilet will occur fcrr past due accounts until account is brought current. 2. Our standard portable toilet service is performed once per week and included in the monthly rental price. If once per week is not adequate,you should consider adding an additional unit to the jobsite location. Extra cleaning days are available at an additional cost per cleaning and could exceed the cost ofadditional unit. 1 Emergency service can result in $50-100 additional charge based on location and schedule.This is also true for customer owned toilets. 4. No trash should be dumped in toilets—this results in a clogged hose and can interrupt or delay service. if continued issues arise,an additional fee of$50-100 may arise or removal of unit all together. 5. Please contact us for delivery or removal of the unit and we will schedule it to be picked up on the next available day we are in your area. if removal is needed outside of our normal route schedule,there is an additional charge of$SO. G. Please advise our office where you would like the unit placed during delivery and leave the location clear for weekly service. 7. Do not block access to the rental unit. If unit is blocked and not available tobe serviced,the toilet will not be cleaned until thefoUowdng scheduled weekly cleaning unless an additional cleaning isordered at an additional cost. 8. If unit needs to be moved, do not use machinery or heavy equipment to move the unit. Move the unit by hand, 9. Do not damage or impair the unit in any way, Damage beyond regular wear and tear will generate a repair charge based on the cost of the repair. if unit is destroyed there will be a charge for the full cost of the unit. lO. We are available for emergency services—you may reach us by email at HwV38DR(@Vahoo.corn and we will respond as quickly aspossible. Tenns&Conditions A. Weekly servicing ix every 5'8 days.Additional or off-schedule services will be subject toadditional fees. Included yNatehab A. Unit(s)will be delivered with paper, water and hand sanhjzerasapplicable. B. Materials will be replaced as necessary at time of service,Additional materials requested prior to next scheduled service can be provided at an additional fee. [ustornerResppnsibUitiey/B0ll�oA/paYn?eDtsi A. The customer is responsible for trash removal and disposal. If the service provider is required to remove trash from the site,the customer agrees to pay additional fees, We recornmend placing garage cans close to units for diapers,feminine products,clothes,fast food wrappers etc. B. Invoices are due on receipt. Invoices ZO days old will be assessed a S%service charge on monthly balance of$5. If payments are not received by the invoice due date,the unit(s)vvU| be picked up. C. All month-ta-month rentals are billed onaZ8'day advance billing cycle. &. No pro rated adjustments are made for partial monthly use or early pick up. E� ASAP deliveries will be accessed an additional delivery charge. F. Should customer fail to make the agreed-upon payments, service provider may pursue all remedies, \ndudinQ: termination of agreerrent without notice, repossession of unit(s), recovery of all monies owed. Customer will be responsible for all costs to recover payments including legal fees and expenses,time involved for service provider etc. Damaged or Lost Units A. Customer is responsible for damage and/or loss ofunit(s)while onsite. 8. Service provider and customer agree that the customer shall not be responsible to repair unit(s) for ordinary wear and tear, Ordina«y wear and tear does not include graffiti or other intentionally made markings. EK167PAGE 1 - OF [' . ­. ' ����. . ^ � * w C, Customer agrees to nobfy service provider immediately upon discovery of damaged or lost unit(s). In the event of damaged or lostunit's),customer shall: pay service provider to maker repairs, pay service provider for a replacement unit, By signing this contract,the customer acknowledges the he/she has read, understood and agreed to the terms and conditions o,this contract, itutesacceptanoeofthese WV Customer Full -^' Signature: or Company(if appUcab|et . - , ~ A�� � PAGE � OF , - ~�_�