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HomeMy Public PortalAbout035-2014 - Sanitary - Greenleaf Lawncare - Grass cutting and grounds maintenanceAGREEMENT THIS AGREEMENT made and entered into this � day of , 2014, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners and Board of Stone Water Management (hereinafter referred to as the "City") and Greenleaf Lawn Care, Inc., 208 East Plum Street, Centerville, Indiana 47330 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide grass cutting and grounds maintenance for the entire Richmond Sanitary District Waste Water Plant at 2380 Liberty Avenue and specified areas located at the New Paris Pike Landfill at 5242 New Paris Pike, Richmond, Indiana, and related services. A Request for Quotes dated February 4, 2014 has been made available for inspection by Contractor, is on file in the offices of the Department of Sanitation for the City of Richmond, is attached hereto as Exhibit "A," consists of one (1) page, 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 "B", which Exhibit is dated February 9, 2014, consists of one (1) page, and is also hereby incorporated by reference and made a part of this Agreement. Contractor shall perform the work and provide the services described on 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 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. 35 -2014 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Two Hundred Fifty Dollars and Zero Cents ($250.00) per cut at the Waste Water Plant, Forty-five Dollars and Zero Cents ($45.00) per cut at the Landfill, and Twenty-five Dollars and Zero Cents ($25.00) per man hour for additional requested services, for complete and satisfactory performance of the work required hereunder, for a total amount not to exceed Twenty -Six Thousand Dollars and Zero Cents ($26,000.00) annually under this agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by the parties and shall continue in effect until December 31, 2014, with the City retaining an option to renew this agreement upon the same terms, conditions and rates for calendar year 2015. 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, 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 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 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 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 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. 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 Page 3 of 6 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. 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 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 IX. 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 X. 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 Page 4 of 6 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. 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. Page 5 of 6 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 SANITARY COMMISSIONERS r By:_. -.z z Sue Miller, President Date: S - -.-) 5- THE CITY OF RICHMOND, INDIANA by and through its BOARD OF STORM WATER MANAGEMENT By `Stephanie Hays-Mussoni, Presii' nt Sue Miller, Vice President Gil Klose, Mefriber Date: - 5 _ `1 APPROVED:����- Sarah L. Hutton, Mayor Date: "CONTRACTOR" GREENLEAF LAWN CARE, INC. By: Printed: Title: 61,4qu i' C% Date: yl—d Page 6 of 6 Richmond Sanitary District Grass Cutting and Grounds Maintenance Service *Plus special requests that will be outside of the Plant and Landfill Request for Quotes This is a quote for the 2014 Calendar Year with the option to renew contract for year two (year 2015) at the same cost. For questions and tour of Waste Water Plant call Jeff Lohmoeller at 983-7464. For questions and tour of Landfill area call Joe Bartle at 983-7457. Mow and trim grass for entire Waste Water Treatment Plant at 2380 Liberty Avenue. Mow and Trim front entrance at Landfill and area around New Solid Waste Garage located at the New Paris Pike Landfill, S242 New Paris Pike, Richmond, IN. including: 1. Mowing 2. Trimming 3. Spraying of Weeds - Everytime you spray you need to let me or Karen Rodenburg know 765-969-1582. 4. Removing Debris before Mowing (trash, small limbs...) 5. Clearing Sidewalks of Clippings 6. Keeping the Front and Back Patio's cleared off after each mowing or yard work 7. While Construction Projects are going on at the Sanitary District you will need to provide your employees PPE (personal protection equipment) to our specifications. This will include Hardhats, Safety glasses, Hi -Viz outerwear (tee shirts, vests, etc.) and steel toed shoes. *From time to time, additional services, such as tree and brush trimming and spraying for weeds will be requested. Please indicate an hourly rate, for each person, to complete such requests. The response time after such a request is made should be no longer than two (2) weeks. This work is not limited to the Treatment Plant or Landfill but will be in the Sanitary District. From time to time we will need you to trim- trees or brush in alleyways that cause damage to our trash trucks. I will give you a location and you will then charge us accordingly to the hourly rate listed. Quote evaluation will be based on 24 cuttings and 7S0 hours additional requested projects/ services per year. This does not mean that 24 cuttings and 750 additional hours will be requested. EXHIBIT A PAGE I OF� 0 PRICE REQUEST 1� tia S u a • '41K CITY OF RIC D40ND DEP2380 �TtvYAVEN EF .R �OA�ON��A47374 THIS IS NOT A-N ORDER PHONE (765) 983-7450.FAX (765) 962-2669 VENDOR INSTRUCTIONS This is a request for a price for the services of materials GREENLEAF LAWN CARE described below. Any additional specifications may be attached hereto. This Is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. 208 EAST PLUM STREET Please complete your full name and phone number below with signature; itemize all prices and charges where CENTERVTLLE, IN 47330 requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, In care of ATTN• TODD STEELS • Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: IN BY: PAYMENTTERMS: DELIVERY REQUIRED`FEBRU RRY 4, 2014ry =REPLYE 11. 2014 UPON RECEIPT OF INVOICE DELIVERED This is a request for quote valid for The 2014 Calendar Year with the Option to Renew for the same price for year two (2015). E-Verify requirements and Indiana Local Preference Claims will apply to this quote. Include a Certificate of Insurance which must include Workers Compensation with Quote. Grass Mowing/ Weed Trimming — WWTP and Areas designated at the New Paris Pike Landfill: Special Requests — At Treatment Plant, Landfill and areas within the Sanitary District. Cost per Cutting, Treatment Plant $ f 5b, ot) per cutting Cost per Cutting, New Paris Pike Landfall $ J, �C) per cutting Cost for additional Request hourly charge $ 5 n� per man per hour ADDITIONAL REQUESTS will be tree and brush trimming and removal. Landscaping, etc. Call Jeff Lohmoeller at 765-983-7464 or Joe Bartle at 765-983-7457 Quote Valid Until NM—;L OFRM /QU�1� G STATE TAX EXEMPTION # 003121909-001 "—�� �(' BY: — 6� AUTHQRIZED BY SIGNATURE TITLE -7Z�=f5'1 �PDU Richmond Sanitary District DATE PHONE NUMBER EXHIBIT .B PAGE i-OF