HomeMy Public PortalAbout216-2023 - Prestige Property Partners - emergency cleanup at 205 North 18th Street ' ' IGI IL
AGREEMENT
1-14‘
THIS AGREEMENT made and entered into this day of , 2023, and referred to
as Contract No. 216-2023, by and between the City of Richmond, Indi municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and
Prestige Property Partners LLC, 10 NW 13th 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 emergency cleanup of
hazardous materials and debris located at a premises in Richmond, Indiana, (the "Project") which
services shall include removal and proper disposal of the hazardous materials and debris on the site as
more specifically set forth in the Notice to Bidders. The premises is as follows:
Cleanup Debris/Hazardous
Materials at Premises—205 North 18th St., Richmond, Indiana $450.00
TOTAL: $450.00
A certain Request for Quotes dated November 20, 2023, has been made available for inspection by
Contractor,is on file in the office of the Director of the Department of Code Enforcement for the City,
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 November 21, 2023, consists of one (1) page, 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 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.
Contract No. 216-2023
Page 1 of 7
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.
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed Four Hundred Fifty Dollars and Zero Cents
($450.00) for complete and satisfactory performance of said Project as set forth above and as set forth
on Contractor's quote (Exhibit A).
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by the parties and shall continue in effect until
satisfactory completion of the Project. Completion is anticipated to be within forty-eight(48) hours of
the notice to proceed.
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 manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor 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
ei 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 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
Page 2 of 7
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
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 Coe-
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
Page 3 of 7
•
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 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 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 VIII. IRAN INVESTMENT ACTIYITJES
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 larger 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 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.
Page 4 of 7
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 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 (55.00) 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 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.
Page 5 of 7
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 submii 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 Agreemeit, 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
`
lu the event that uoumri i , question of intent, mroneed for interpretation nF this Agreement arises,
this Agreement shall be construed as if drafted Jointly by the parties, and no presumptionurbu,dcnof
proofshall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions
of this Agreement.
IN VV|TyJFSS WHEREOF, the parties have cxscuLcd this /\grccnncntxt Richmond, Indiana, as of the
day and year fioivvdtuo above, although signatures may hc affixed oo different dates.
^^C[[Y" `^C0N7R/\CTUR"
THE CITY OPKlCHMOND, PNBST[(3E PROPERTY P/\8TNE}<S [LC
[NDl&Y�& by and through its |O NVV 13`hS1,cci
Board of Public Works and Safety Richmond, IN 47374
By: 8y:�^�/
By: ��'��� Printed:
Matt Evans, M..--nnher
Title: /) i] /^
-
Date:
/\YPR[)V ED:
Ron 0|er, Ph. [)., Mayor
Date:
Pge7o[7
- ^
-
'^. . .'
'
'
Prestige Property Partners, LLC
Owner: Joseph Hatfield
1ONVV13thStreet
Richmond, Indiana
(765) 407'7039
Bid Propo8al#0001
Address: 2O5 north 18th street Richmond, Indiana 47374
Description
• Cleaned up all debris and hazardous material.
w Transported tolandfill.
Quote1t'21'23
$450.00