HomeMy Public PortalAbout085-2019 - KAS Enterprise-for trash, de...and brush removal for 3 propertiesAGREEMENT
THIS AGREEMENT made and entered into this 4— day of 00116-11-�10 2019, and
referred to as Contract No. 85-2019, 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 KAF Enterprises, Inc., 5015 North Round Barn Road, 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 removal of trash,
debris, and brush (rank vegetation) at certain nuisance properties for the City of Richmond,
Indiana, for the Department of Code Enforcement (hereinafter referred to as the "Project").
Request for quotes were made in March, May, and June of 2019 and have been made available
for inspection by Contractor, is on file with the Purchasing Department and the Department of
Infrastructure and Development, 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 is dated June 3, 2019, consists of one (1) page, and is hereby incorporated by reference
and made a part of this Agreement. Contractor agrees to comply ,with all terms and conditions
contained in "Exhibit A."
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. 85-2019
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed One Thousand Eight Hundred Dollars and
Zero Cents ($1,800.00) 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 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 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
Page 2 of 6
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
$1005000
$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
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
Page 3 of 6
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) 5-22-16.55 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;
Page 4of6
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 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.
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.
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.
Page 5 of 6
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 Public Works and Safety
01
Vicki Robinson, President
By: pct-119��
Date: 6-1 'T
APPROVED:
. Sno or
Date: &q /,�/��
KAF ENTERPRISES, INC.
5 015 North Round Barn Road
Richmond, Indiana, 47374
Printed: Vle'AO V00��
Title: 6 w Oe 9--
Date: 1
Page 6 of 6
KAF Enterprises
5015 N Round Barn Rd
Richmond IN 47374
(765) 969-3978
EIN: 45-3367235
Derek Hill
City of Richmond Code Enforcement Officer
Estimate - Excavating
.s
late.
,.
{
6/3/2015
This quote is good for 30 days
after above date.
We propose to remove all trash, brush and debris around the exterior
of these properties. Also we will cut back and remove any bushes or
trees that are blocking the front of the structures.
All materials will be properly disposed of.
Price includes all labor and dump fees.
*NOTE: Does not include permits, if applicable.
Payment due upon completion of work.
TC'►LE 1,8o4:00�
IBlT PAGE VOF�
iu
KAFEN-'i
OP ID:
DATE (MMIDDIYYYY)
0611012019
CERTIFICATE OF LIABILITY INSURANCE
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
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements .
PRODUCER 765-962-9502
HARR[NGTON-HOCH, INC
1126 EAST MAIN STREET
CONTACTSarah F. Pennington
PHONE 765-962-9502 FAX 765-962-9506
(A/C, No, Ext): (A/C, No):
RICHMOND, IN 47374
Sarah F. Pennington
E-MAILDD.spennington arrington oc .com
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A:Liberty Mutual/Indiana
t'M R Rterprises
INSURER B :
INSURER C :
Kevin Fouche
5015 North Round Barn Rd
Richmond, IN 47374
INSURER D :
INSURER E :
INSURER F :
CnVFRAr.FR CFRTiFiCATF Ni IMRFR- RFVISI(lhi hil IMRFR-
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 1S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
DDL
UBR
POLICY NUMBER
POLICY EFF
POLICY EXPLTR
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [_X]OCCUR
BKS66332986
10/01/2018
10/01/2019
.
EACH OCCURRENCE
$ 1,0001000
DAMAGETORMISE5JEaENTED occurrence
� 300,000
GEN'LAGGREGATE
ME❑ EXP (Any oneperson)
$ 16,000
PERSONAL & ADV INJURY
$ 110009000
LIMIT APPLIES PER:
POLICY JECT PRO- LOC
OTHER:
GENERAL AGGREGATE
$ 21000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
AUTOS ONLY NON
ONLY
BAS56332986
10/01/2018
10/0112019
(Ea acciden SINGLE LIMIT
$ 1,000,000
BODILY INJURY (Perperson)
$
BODILY INJURY Per accident
$
PROPERTY
acEcidentDAMAGE
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE F-1
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
❑ESCRIPTION OF OPERATIONS below
N ! A
PER ISTATUTE OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
r'_FRTIFIr'_ATF Hr71 ni=p CANCELLATION
CITYRIC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Ci of Richmond
tY
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
50 North 5th Street
Richmond, IN 47374
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION, All rights reserved.
The ACORD name and logo are registered marks of ACORD
KEVIN FOUCHE
5015 N. ROUND BARN ROAD
RIGHMOND, IN 47374
State Form 56478 (I -18) : f �p ��
Worker's Compensation Board of Indiana /41 f���¢�� :Q�
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Is applicant. an Indiana resident? YES If not, state of residence:
Pursuant proVIsions of IC 2.2-3 2-14.5 and/or IC 22-3-7-34.5, Applicant has confirmed the following information in pursuit of
the issuance of this Independent Contractor Certificate of Exemption:
YES Applicant is an independent contractor, as defined by IC 22-3--5-1(b)(7) and/or IC 22-3-7-9(b)(5).
No Applicant is a sole proprietor as defined by IC 22-3-6--1(b)(4) and IC 22 7 9(b)(2)
Sole Proprietorship name: Business ID:
No Applicant is in a partnership as defined by IC 22-3-6-1(b)(5) and IC 22-3-7-9(b)(3)
_.Partnerships name: Business 1D:
NO Applicant's independendant contractor business is an LLC, an S corporation, or otherwise incorporated and
applicant is an officer of that corporation.
No Applicant has employees_
Pursuant to the authority vested in me and in reliance upon the express representations made
above, 1 hereby certify that applicant is entitled to and hereby is declared to be exempted from
purchasing worker's compensation insurance coverage for the applicant identified above.
Workees Camp us Board
Mary Taiivalkoski-
4115/2019 Executive Administrator
VALID
This certificate expires one (1) year from validation date.
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