HomeMy Public PortalAbout135-2009 - Metro - Demolition - Pro Lawn CareDEMOLITION AGREEMENT
THIS AGREEMENT made and entered into this _24th day of September , 2009,
and referred to as Contract No. 135 -2009, by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Public Works and Safety
(hereinafter referred to as the "City") and Pro Lawn Care, 1238 East Main Street, Richmond,
Indiana 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for demolition of certain structure(s) in Richmond, Indiana.
This shall include demolition, removal of debris, and restoration of the site from the unsafe
structures at the following eight (8) locations:
737 North 15th Street
1116 North D Street
1118 North D Street
100 South 3rd Street
745 South 7th Street
911 Hunt Street
70-72 NW H Street
1121 Crosshall Street
The 100 South 3rd Street location is a priority and should be demolished first by
Contractor.
A certain Request for Proposals dated August 12, 2009, has been made available for
inspection by Contractor, is on file in the office of the Director of Purchasing 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 Proposals is attached hereto as Exhibit A,
which Exhibit is dated August 27, 2009, consists of three (3) 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 furnish all labor, material, equipment, and services necessary which are
incidental to the proper completion of all work specified.
Contract No. 135-2009
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No work shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance; and
2. 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.
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Thirty-seven Thousand Three Hundred
Fifty ($37,350.00) for complete and satisfactory performance of the work required
hereunder, with individual property payment amounts as follows:
737 North 151h Street (House and Out Building)
$3,800.00
1116 North D Street (House)
$5,250.00
1118 North D Street (House)
$5,250.00
100 South 3rd Street (House and Garage)
$6,000.00
745 South 71h Street (House and Garage)
$4,850.00
911 Hunt Street (House and all Out Buildings)
$4,350.00
70-72 NW H Street (House and Garage)
$4,850.00
1121 Crosshall Street (House)
$3,000.00
TOTAL (not to exceed):
$37,350.00
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in
effect until 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;
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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.
In the event any building or structure under this Agreement is demolished or destroyed
in whole or in part prior to demolition under this Agreement, the City may immediately
terminate the portion of this Agreement that specifically refers to that building or
structure and payment will not be made by City to Contractor for that portion of this
Agreement.
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
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C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$300,000 each occurrence
$300,000 aggregate
$100,000 each occurrence
$300,000 each person
$300,000 each occurrence
$100,000 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. 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;
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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 VIII. 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 IX. 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.
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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.
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 Public Works and Safety
By:_S/S Vicki Robinson
Vicki Robinson, President
By:_S/S Dian Lawson
Dian Lawson, Member
By: S/S Mary Jo Flood
Mary Jo Flood, Member
Date: September 24, 2009
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: September 25, 2009
"CONTRACTOR"
PRO LAWN CARE
1238 East Main Street
Richmond, IN 47374
By:_S/S Darin Houssain
Title: Owner
Date: September 29, 2009
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