Loading...
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� Clearance Certificate for Independent Contractors L r r :of:tnde 7 f z- �IF�B. • ridEi]� o �a��3f -� =-= ��de:�°ill."•.::-...-'� �... . .� . arne die � e ' •lien �orrtr �c r-:: _ P J• i �=ENTERP• •i••E •� x:- _ _ .V S.TR •• - •ram - tit ''ram • =' :i. -RO r 1 ti:' . AUND dis '�s -::• - _ _dx tti w• Sy Y: 1- ~���= - H � i • -jai#.'drs_= - := _A �D `- ::tips• •� - _ a�� �i>e _ - os T.• r...-...._-.. .. •. i./:.{.�...r{r��.s-��..-.. ....._ .. .�� .•.. .....r:::r�:f�i w._-._.^.�.-..-.-.. ....-r. .....�-.w.-.. .__. �.._. .. _-..... r. .:1: .- •4 �L-r- LiJ - _ -r._ �.. __.�. .+r ..�•}+•v:�.�l:r.,�•-.t�ti .-�l.tii: .v �R�•r..`7.:}r=r•?ir.w_�4.«Li.-i•.Lti...+:L:...._-y��s_-.-rrw..ti».�.-.�_i_.a.r...r.w..•r. ..m{i✓i.iJ'v_v.,j �.i�wil...i 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. n j -zi r_ • = - - _ �9 5 0 -B :gee = = D = ant tl= 'l Sl o1 at o DER7 _P a:F.. 5 = r °r;=`==;: ate �. = fiat a • L_ :l r• M1_a _ .. .. .. ri•:•w-...- .� .a..L nrr ri _vS S-.+: •:_lYtirr JM. iL._.•iwivl•:.:J.'iGlrlN •,L':..e•_ti_�_ __�._.--4:... -...-S ZJ_tilr•_ e.�.. iLZd�.l: ..a•3 '.li�l:—�--a'•i�Y.:•.�1' .S�i ��.-r —a_._ r -_ .