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HomeMy Public PortalAbout081-2023 - Rineharts Lawncare - emergency replacement of shelter posts AGREEMENT 111/\ TEES AGREEMENT1 made and entered into this I __ day of (4/1.1 , 2023, and referred to as Contract No. 81-2023, by and between the City of Richmo d, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation (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 emergency replacement of rotted posts which exist at each of the octagonal shelter houses which exist at Glen Miller Park and also at Mary Scott Park for the Richmond Parks Department (hereinafter referred to as the "Project"). Said emergency services shall also include the cleanup and disposal of all debris. Contractor's quote for said emergency service is dated April 4, 2023, consists of one (1) page, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained in "Exhibit A." 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 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. 81-2023 Page 1 of 7 ( � SECTION Ill..COMPENSATION City shall pay Contractor an amount not to exceed Five Thousand Five Hundred Fifty Dollars and Zero Cents ($5,550.00) for complete and satisfactory performance of sai i d SECTION M TERM OF AGREEMENT This Agreement shall become effective when signed by the parties and shall continue in effect until satisfactory completion of the Project. 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 specif�ing 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 of a report, other work 'the responsibilityContractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards 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 date this Agreement is terminated, but shall be relieved of any other _ — herein.— 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 .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 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 Page 3 of? provideSECTION VT. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation taw, and shall, before commencing work under this Agreement, provide the City a certificate o! f 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 verif� 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 perfon-nance of this Agreement, Contractor shall that Contractor does riot knowingly employ ' its signed - an unauthorized alien in accordance with IC 22-5-t.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 renlain 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 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 Agreement 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 dernonstrate 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 Page 4 of 7 the course of this 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 ay 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 rt t 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 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. Page 5 of 7 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 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. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she 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 in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. [Signature Page to Follow.] Page 6 of 7 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" THE CITY OF RICHMOND, INDIANA RINEHART'S LAWN by and through its Board of Parks and CARE & LANDSCAPING Recreation 5905 State Road 121 Richmond, Indiana, 47374 B . Tiauna Washington, President 7 Date: ,_ Printe . ( --,,, APPROVED: / '"'--- . ,77,40:-,,,,,,,,.(-------------Title: <-David-, . Sno May0090 1 , Date: Page?of? Rinehart ,'s' Lawn Care & Landscaping 5905 State Road 121 Richmond, Indiana 47374 PH: IN (765) 962-7940 OH (937) 456-7168 FAX: (765) 962-4802 ----------------Construction Work ------------------- Estimate for: Date: April 4th, 2023 RICHMOND Parks Dept, 765-960-8969 Attn: Denise Retz deniseretz@richrnondindiana.gov Richmond, IN We propose the following: 1 (a), Glen Miller Park & 1 (i_i?,Mary Scott Park ''" Octang ual Shelter House Post Replacement --Jack up/Lift each section (8) up as needed, to remove old posts and replace them w/treated 6x6 posts. Cut all posts to length & use timber tek screws fasten Posts back in Headers. Use doubled up treated 2x4's cut to fit to replace wind braces on each side of Posts. Furnish necessary Man Power, power tools & equipment to do above work --Cleanup and dispose of all debris. The fee for the above services: S2,775.00* for EACH Shelter (This includes all labor and material) above pricing)(Does not include any applicable Indiana Sales Tax) Payment terms: 775.00 down payment for Materials & balance due within 10 days of receipt of invoice. Note: This Authorized Si <g 4.$,\,,,,p,it proposal may be wi acceptpd --- Days. ‘ Acceptance of Proposal: sipnature: The above prices,specifications and conditions arc ,.....-- N ,---, satisfa awizre here,by accepted: yciir,-osutlAzed ..--", to do clifilEW71:1,0„,,,g:!1; a-rent willfic.9rtt:,..., 0'. -'44:''' N QA, N , c This work can be performed in 1,5 to 2.. working days &cart be started within the next 30 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. --------N- ii-z_Xf-1,1B)TH, ..__PAGE