HomeMy Public PortalAbout136-2012 - Parks - Fuelong Enterprises - Tree trimming removal.AGREEMENT
THIS AGREEMENT made and entered into thise26-"Lday OfOQ4o au T, 2012, and referred
to as Contract No. 136-2012 by and between the City of Richmond, ` Indiana, a municipal
corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as
the "City") and Furlong Enterprises, .incorporated dba Fitzwater Tree, 4617 Jaysville Saint Johns
Road, Greenville, OH 45331 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform services in connection with the trimming and removal
of trees for the Richmond Parks Department in Richmond, Indiana (the "Project"). .
Bid Specifications dated September 20, 2012, have been made available for inspection by
Contractor, are on file in the office of the Director of Purchasing for the City of Richmond, and
are 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 Responses is attached hereto as Exhibit A, which
Exhibit is dated October 11, 2012, consists of eight (8) pages, 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 fiarnish 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:
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. 136-2012
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SECTION III. COMPENSATION
City shall pay Contractor at the rates quoted in Exhibit A, provided that Contractor shall be paid
a total sum not to exceed Seventy-five Thousand Dollars and Zero Cents ($75,000.00) for
complete and satisfactory performance of the work required hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until the 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 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 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 shall be relieved of any other
responsibility herein.
This Agreement may also be terminated by either the City or the Contractor, in whole or in part,
by mutual Agreement setting forth the reasons for such termination, the effective date, and in the
case of partial termination, the portion to be terminated.
SECTION V. WITHHOLDING RETAINAGE AND CLAIMS FOR PAYMENTS
Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the
City must provide for the payment of subcontractors, laborers, material suppliers, and those
performing services under a public works contractor and further agrees that in the event
Contractor fails to timely pay any subcontractor, laborer, or material supplier for the
performance of services or delivery of materials under this Agreement that the Board of Public
Works and Safety for the City shall withhold payments in an amount sufficient to pay the
subcontractors, laborers, material suppliers, or those providing services. Contractor further
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understands, acknowledges, and agrees that the Board shall proceed with the proper
administrative procedures initiated as the result of any claims timely filed by any subcontractor,
laborer, or material supplier under Indiana Code 36-1-12-12.
SECTION VI. 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
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VIL 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
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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 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 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 IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-140, 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 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;
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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. Both City and Contractor agree to comply with all applicable Americans with Disability
Act (ADA) requirements and title VI Civil Rights Act non-discrimination requirements.
D. 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 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 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.
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.
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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 at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND, INDIANA by
and through its Board of Parks and
Recreation
Date:_ 4(
APPROVED��� L410
Sarah L. Hutton, Mayor
Dater O �9 h Z--
"CONTRACTOW'
FURLONG ENTERPRISES
4617 Jaysville Saint Johns Road
Greenville, OH 45331
By:
Printed: 0 t J
Title: P j .J l9-tt��
Date: I L-r 11 , 1
Page 6 of 6
AC40P CERTIFICATE OF LIABILITY INSURANCE 10/25/201 ' :
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. -THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND -OR ALTER THE COVERAGE AFFORDED BY THE, POLICIES
13E OW. THIS CERTIPICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACTBETWEEN THE ISSUING INSURERS), AUTHORIZED
REPRESENTATIVE,ORPIODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the poll
IMPORTANT: must bs endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this cerHticate does not confer rights to the
certificate holder in lieu of such endorseme` s . .
PRDouCeR' A. Brenda Flatter, CPYW CISR.
R. J. Warner 1C NoPAAONE (937) 548=655A FAX . . (997) sae -sae?
219 SydamAass Man renda@r7ararner.com.
PRODUCER 00002138
Greenvill@ OS . 45331 INSUAFFORDING COVERAGE kAIG Al '
INSURED �NsuREitAincii�nati : IasuranaAa Com an 0677
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lourlong Enterprises, Inc., DBA: Fit water Tree INSURER6:
4617 Jaysville-St:. Johns Road, INsuR£Ro:
INSURER E
Greenville OH 45331, IN3uRER F s
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THIS IS TO -CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR 'CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED'OR MAY. PERTAIN,- THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY.HAVE BEEN REDUCED BY PAID CLAIMS.
TYPEOF INSURANCE
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COMMERCIAL GENERALL€ABIUTY CLAIMS -MADE ❑ OCCUR .
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PERSONALS ADV INJURY
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GENERAL AGGREGATE
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DESCRIPTION OF OPERA-MNS I LOCATIONS I VEHICLES (At" ACORD, 901, Additional ReFneft 3dm dole; a mme sW ee is mquhadl
CERTIFICATE HOLDER,- v�►n�.�, , wn
(1'65) 983-7219 SHOULD ANY OE THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
-THE -EXPIRATION DATE THEREOF, NOTICE 1AiILL ' BE DELIVERED ' IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY O1: RIMOND .
50 N. '5T8 ST AurllbRUEDREaRssENrATnrl
Ricm4c D; IN 47374.
�A FLATTER '
ACORD 25 (2009109) 01988-2009 ACORD COLORATION. All rights reserved.
INS025 pomp) The ACORD name and logo are registered marks of ACORD
Affidavit of Employment Eligibility Verification
The Contractor, �1 , rms under the penalties of perjury that
Contractor does not knowingly employ. an unauthorized alien. If Contractor is self_erriployed
and ctor verifies he or she is a United States citizen
does not employ any employees, Contra
or qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien aid
contract with a person that the Contractor subsequently learns
shad not retain an employee or
is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and
verified the work eligibility status of all newly hired employees of the contractor through the
Indiana E-Verify program.
The Contractor has required Contractor's subcontractors to certify to. the Contractor that,the .:,.
subcontractor does not knowingly employ or contract with an unauthorized alien and that the .
is participating in the E-Verify program. The Contractor will
subcontractor has enrolled and
maintain this certification throughout the duration of
the term of a contract with a
subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this day of _ p 20 jL
(signature)
(printed name)
i
OIuoBWC - Employer - Service: (Payroll reports) - Certificate
Page 1 of 1
Bureau of Workers'. 30 w. span9 St.
F
ioCompensation Columbus, oH.43215Certificate of Premium Payalnent
is certifies the employer listed below has paid into the Ohio State Insurance Fund as. ,
retluired by law. Therefore, the employer is entitled to the rights and benefits of ttTe
fund for the period specified. For more Wbrmation, call 1-800-OHIOSWC.
`This certificate must be conspicuously posted.
Policy No. and Employer Period Specified Below
1252651 07/01/2012 Thru 0212812013
FURLONG ENT KISES INC
FITZWATER WN CAR
4617 JAYSVILL ,
GREENVILLE,:- «
• 4. IK
ohlo6wc.com
You can reproduce this certificate as needed.
Ohio Bureau of Workers' Compensation
Required Posting
Effective Oct. 13, 2004. Section 4123.54 of the Ohio Revised Code
requires notice of rebuttable presumption. Rebuttable presumption
means an employee may dispute. or prove untrue the presumption
(or.belief) that alcohol or a controlled .substanpe not prescribed
by the employee's physician is the proximate cause (main reason)
of the work -related injury.
The burden o€ proof is on the employee -to prove the presence of
alcohol or a. controlled substance was not the proximate cause of
the work -related injury.. ,An employee who tests positive or refuses
-to..submit to chemical testing may be disqualified for compensation
and benefits .under the Workers' Compensation Act.
Q�' Bureau of Workers' you must post u,is lahg6ge w;u, the oe15cate or premium payment
11 Compensation
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