HomeMy Public PortalAbout049-2015 - Metro & Parks - Pro Lawn Care & Concrete - Mowing of private property per weed ordinanceAGREEMENT
THIS AGREEMENT made and entered into this . • - day of Mall , 2015, and
referred to as Contract No. 49-2015, by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Parks and Recreation, with its office at
50 North 5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Pro
Lawn & Concrete, 1238 E. Main Street, 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 mowing of certain
private properties deemed in violation of certain Richmond City Codes for weed violations, as
authorized and directed by the City of Richmond Department of Metropolitan Development
(hereinafter referred to as the "DMD"), as outlined in the Requests for Quotes described below
(hereinafter referred to as the "Project").
Certain Requests for Quotes were made on March 24, 2015. Responses to said request are on
file in the office of the City's Department of Metropolitan Development. The response of
Contractor, dated April 2, 2015, to said request is attached here to as "Exhibit A" which response
consists of eight (8) pages, and is hereby incorporated by reference and made a part of this
Agreement. Contractor agrees to abide by the same.
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. 49-2015
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SECTION III. COMPENSATION
City shall pay Contractor at an hourly quoted rate not to exceed Twenty-two Dollars ($22.00) per
hour for complete and satisfactory performance of said Project as set forth above.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by the parties and shall continue in effect
until December 31, 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 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
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
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
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s
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
$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
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
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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 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 parry may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other parry. 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.
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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 VIII. IRAN INVESTMENT ACTIVITIES
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 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 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.
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;
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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 in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
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"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks and Recreation
By.
Mike Foley, PresiJent
Date: 6/7 1r5
APPROVED: tllll-�t
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Sarah L. Hutton, Mayor
Date: �/ //-,
"CONTRACTOR"
PRO LAWN & CONCRETE
1238 E. Main Street
Richmond, Indiana, 47374
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Page 6 of 6
CITY OF RICHMOND
50 North Fifth Street
Richmond, Indiana 47374
EXHIBIT _ PAGE OF
PRICE REQUEST
(765) 983-7200 THIS IS NOT AN ORDER
VENDOR INSTRUCTIONS
Pro Lawn Care
Attn: Brent Houssain
1238 East Main Street
Richmond, Indiana. 47374
This is a request for a price or quote for the services or
materials 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. Please complete
your full name, address, and phone number below with
signature; itemize all prices and charges where
requested; and attach explanation for any substitution to
specifications altered. Please return in care of
Purchasing to the address above by the specified date
and time to be considered unless otherwise specified.
DATE REPLY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS
March 24, 2015 Aril 2 2015 by 5:00 p.m. I DELIVERED I UPON RECEIPT OF INVOICE
QUANTITY CATALOG NO. I DESCRIPTION
UNIT PRICE TOTAL
Mowing Contract-2015
(see attached)
A current certificate of insurance must be
included with your bid to be considered.
PRICE REQUEST
Bids must be enclosed in a sealed
envelope.
BY !!!712M ZkLZ'aiaat'("1
VICKI ROBINSON
PURCHASING DIRECTOR
State Tax Exemption No. 003121909-001
NAMWOF FIRM
B
AUTHORIZED BY
DATE TITLE
Phone No.
EXHIBIT PAGE OF
REQUEST FOR QUOTE
MOWING CONTRACT-2015
City of Richmond
Parks and Recreation Department
The Parks and Recreation Board of the City of Richmond will be inviting
proposals to provide mowing services including the removal of weeds, debris and
rank vegetation within the corporate limits of the City of Richmond.
Terms of Services
The contractor shall furnish all labor, materials, equipment, and services necessary
for and incidental to the proper completion of all work specified.
Services to be provided for all properties will be designated by the Dept. of
Metropolitan Development which is the enforcement authority.
Services shall consist of:
1. Removal and disposal of all vegetation, refuse, trash, and debris from lot and
public sidewalks.
2. Mowing and trimming around foundations and fences.
3. Removal of all debris generated by the work (grass clippings, limbs,
shredded paper/debris, etc.).
It shall be understood by the bidder that if a property will require more than three
(3) hours of work to complete, it shall be pre -authorized by the enforcement
authority. Without written authorization (which may include email
correspondence), the contractor will not be paid for time worked beyond three (3)
hours at a property. Most properties will NOT require three (3) hours to complete
Billing time shall start from arrival at the site.
The contractor shall promptly, before conditions are disturbed, notify the
enforcement authority of unusual circumstances or higher than expected amounts
of refuse, trash or debris.
Cut orders must be completed within 5 working days of receipt from the
enforcement authority.
Frequency of mowing will be regulated by the enforcement authority.
EXHIBIT PAGE �i OF
Notice to Bidders
1. In order to qualify as responsible bidder, a prospective contractor must
submit the following with each bid:
a. Name, address, phone number, of business.
b. Name of contact person responsible for bid submitted.
c. Email address of contact person responsible for bid submitted.
d. A list of three references within the last two (2) years.
e. A list of equipment owned.
f. Length of time in business.
g. A statement specifying the contractor's ability to perform on schedule.
h. Current certificate of insurance with minimum coverage as specified
in the attached insurance requirements.
2. Please include the hourly rate to be charged per the "Terms of Services"
portion of this request for quote.
NOTICE is given that any deviation, change in, or addition to work required to be
done by these specifications must be authorized, in writing, by the enforcement
authority prior to performance. Failure to comply with requirement may result in
expenses that are not payable by the City of Richmond.
PAYMENT will be made via the usual Purchase Order process upon submission of
invoices, paid monthly within approximately 30 days. ITEMIZED BILLING IS
REQUIRED.
PRICES will be valid for one (1) year with the option to renew year two (2) at the
same cost, commencing on the date signatures are affixed on the contract. One
contractor will be chosen based upon who is the most responsible and responsive
bidder based upon the quote per hour and demonstration of the ability to perform
the services outlined above.
THE CITY OF RICHMOND IS AN EQUAL OPPORTUNITY EMPLOYER
EXHIBIT
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EXHIBIT _ PAGE
EXHIBIT PAGEC�f
Notice to Bidders
1. In order to qualify as responsible bidder, a prospective contractor must
submit the following with each bid:
a. Name, address, phone number, of business.
b. Name of contact person responsible for bid submitted.
c. Email address of contact person responsible for bid submitted.
d. A list of three references within the last two (2) years.
e. A list of equipment owned.
f. Length of time in business.
g. A statement specifying the contractor's ability to perform on schedule.
h. Current certificate of insurance with minimum coverage as specified
in the attached insurance requirements.
2. Please include the hourly rate to be charged per the "Terms of Services"
portion of this request for quote.
NOTICE is given that any deviation, change in, or addition to work required to be
done by these specifications must be authorized, in writing, by the enforcement
authority prior to performance. Failure to comply with requirement may result in
expenses that are not payable by the City of Richmond.
PAYMENT will be made via the usual Purchase Order process upon submission of
invoices, paid monthly within approximately 30 days. ITEMIZED BILLING IS
REQUIRED.
PRICES will be valid for one (1) year with the option to renew year two (2) at the
same cost, commencing on the date signatures are affixed on the contract. One
contractor will be chosen based upon who is the most responsible and responsive
bidder based upon the quote per hour and demonstration of the ability to perform
the services outlined above.
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THE CITY OF RICHMOND IS AN EQUAL OPPORTUNITY EMPLOYER
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EXHIBIT __�, PAGE'a_0
Pro Lawn Care & Landscaping
1238 E. Main Street
Richmond, 1N 47374
Phone: 765-977-1541 or 765-977-1807
Fax: 76v# 99- / 7 A0
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Equipment to Be Use
6- Scag MOMM Zero Turn 61" cut
4- Push Mowers
2- W Cut Scag walk Behind Mowers
2.36" Cut Scag walk Behind Mowers
1- Button 32" Cut walk Behind Mower
9- Backpack Blowers
9- Gas String Trimmers
6- Gas Hedge Trimmers
S- Gas Edger
4- Chainsaws
8- Head Llmb Trimmers
2- 7 hp Wood Chippers