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HomeMy Public PortalAbout034-2020 - Code Enforcement - Reddog Enterprises - Mowing all City Right-of-Ways for 2020AGREEMENT THIS AGREEMENT made and entered into this 5 day of ►Y rA< , 2020, and referred to as Contract No. 34-2020, 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 Reddog Enterprises Inc., 1216 Elks Country Club Road, Richmond, Indiana, 47374 (hereinafter referred to. as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide mowing services for the City -owned right-of-way properties for the City of Richmond, Indiana, with said properties to be determined by the Department of Code Enforcement (hereinafter referred to as the "Project"). A request for quotes, dated January 28, 2020, has been made available for inspection by Contractor, is on file with the Purchasing Department and the Department of Code Enforcement, 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 February 11, 2020, consists of four (4) pages, 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. Contract No. 34 -2020 Page 1 of 7 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 at the flat price rates listed per property at the locations listed on. Contractor's Exhibit A for the right-of-way properties to be mowed when authorized and requested by the Department of Code Enforcement pursuant to this Agreement, and for complete and satisfactory performance of said Project. For clarification purposes, said flat price rates may acknowledge the staff and man-hours listed although payment is limited to the flat price rates per property as requested in the request for quotes and compensation herein is not payable per man- hour or per hour. Additionally, as described above and for further clarification, the specific frequency of the mowing to take place for each location shall be determined by the Director of the Department of Code Enforcement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by the parties and shall continue in effect until December 31, 2020. Both parties expressly agree that the City shall retain an option to renew this Agreement for a second year upon the same rates, terms, and conditions of this Agreement for the calendar year 2021. 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. . Page 2 of 7 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 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 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate Page 3 of 7 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 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 VIH. 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. Page 4 of 7 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; 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. Page 5 of 7 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. [Signature page to follow.] Page 6 of 7 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. "CONTRACTOR' "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety Lo Vicki Robinson, President Date: APPROV D: D now, ayor Date: O U Page 7 of 7 REDDOG ENTERPRISES INC. 1216 Elks Country Club Road Richmond, IN 47374 Printed: cS' +e✓e-vi e • 0--gr ` -e- `n Title: Own e r Date: O-S 1 I I g ©2 b ° c CITY OF RICHMOND 4 ' 50 North fifth Street Richmond, Indiana 47374 (765) 983-7200 PRICE REQUEST THIS IS NOT AN ORDER INSTRUCTIONS . This is a request for a price or quote for the services or materials described below. Any additional CCCiiLLL"` Y specifications may be attached.heteto. This is not an 5or order and the City reserves the right accept all .part, or the entire proposal. Please complete your full name, address, and phone number below. with 737 4/ �yl 473741 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 IIE IN DELIVERY REQUIRED PAYMENT TERMS S 2020 Fe b. 1 VTITY CATALOG NO. DESCRIPTION UNIT PRICE TOTAL Mowing of Right -of -Ways (see attached) Please include a current certificate of insur- ance, naming the City of Richmond as the certificate holder, with your bid. Bids must be presented in a sealed envelope with the project lame on the outside of the envelope. Bids maybe mailed or brought to the Pur- chasing Depattment in the Richmond Munici- pal Building at 50 North Sth Street. PRICE REQUEST 0 LA KARA AM, SSLER PURCHASING MANAGER ite Tax Exemption No. 003121909-001 NAME. OF FIRM QUOTING ►c¢ddG rni�r�(J-rISGS BY C- ^� AUTHORIZED BY DATE--��a.Rb TITLE Phone No. 7G5-493- V «; 1-14 Staff Man hours $ 60.00 •r- US 40 Bridge 2 1 $ 120.00 US 40-i70 bridge islands 2 2 $ 240.00 US 40-i70 shoulders 2 4 $ 60.00 south 2nd Small triangles, wes side of curve to south C 2 1 $ 60.00 South 4th small triangle 400 block south 4th 2 1 $ 60.00 Garden Avenue Field old police garage site 2 1 $ 120.00 South L Between south 5th and liberty avenue 2 2 $ 120.00 Liberty Avenue Sanitation drive south to city limits 2 2 $ 120.00 South Q South 3rd to test road 2 2 $ 120.00 South 8th & South N Triangle at corner of south 8th and N 2 2 $ 60.00 South 8th South 8th and L Firesation behind station only 2 1 $ 60.00 south 9th and US 27 Small triange at intersection across from J's 2 1 $ 60.00 south Q South 9th to hilling Moving 2 1 $ 120.00 South 13th RR Irish Hills Ct Railroad underpass and overpass 2 2 $ 120.00 South V Irish Hils Crt Boston pike to south 13th 2 2 $ 60.00 Alley between south L & Perry Small alley not the lot VP Owns the lot should be mowing totally 2 1 $ 60.00 South 16th South L to Apartments East side only 2 1 $ 240.00 South 23rd South Lto Wemle 2 4 360.00 'DitcFi etvueeri s 22nd. and 23rd Bush hog or whatevecworks the best 2 6 $ 120.00 1303 s 20th Bushes to blaetop ? 2 $ � 60.00 South.Lstreet ;North 16th going east one block south side 2 1 $ 360.00 South L street South 23 to Henley North side 2 6 $ 180.00 Henley road Hodgin Rd to Wernle 2 3 $ 480.00 South 37th street South A to Hodgin Road 2 8 $ 120.00 Bachmeyer Road South 37th to stonecreek road 2 2 $ 180.00 Detention pond Corner of stonecreek roand and timberview drive 2 3 $ 240.00 Garwood road Backmeyer to Hodgin 2 4 $ 240.00 Hodgin Road South 37th to Industrial parkway 2 4 $ 240.00 Industrial parkway US 40 to Hodgin road 2 4 $ 240.00 US 40 East U Haul & Steak and shake 2 4 $ 120.00 Old national road east US 40 to Industrial parkway (where needed) 2 2 $ 240.00 Cumberland Road Cumberland Road trim overgrowth 2 4 $ 180.00 Woodside Drive US 40 to Gravel pit road 2 3 ' $ 480.00 South 37th street Hills US 40 to walmart entrance 2 8 $ 120.00 RT 40 island on S 31 and 32 Henley 14 Islands in the area 2 2 Unpaved nigh of way' Between Reeveston and:SoutH It, West of Henley -2. 6- - . '360.00 . Unpaved right of way S: 20-23rd Area between south 20 and 23east of South G street end 2 6. $ 60.00 South 16th & South E Area along E between street and tree line 2 1 $ 60.00 South E & South 9th West side of North 9th, grass strip in front of business 2 1 $ 120.00 South 5th Street city building Median 2 2 $ 120.OD North 21st Dead end of North 21st (north) along rail road 2 2 $ 240.00 North 20th Street Bridge Both sides of bridge 2 4 $ 360.00 Hawkins road North 20th Street going East 2 6 $ 120.00 Islands corner of North J and North 20th 2 2 120.&0 Nortli'17fh"` At Mh'if l)ea'd end $ 300.00 227-N J all way to N 17 street Riverside Trail Area 2 5 $ 120.00 North 15th Street Dead End 2 2 $ 120.00 Unpaved ROW North H Between Norht 13 and 14 2 2 $ 120.00 Alley north of North 1 Between North 111th and North 12 (Trim overgrowth) 2 2 $ 120.00 North G Between North 10th and North 12th 2 2 $ 240.00 North 9th Street Bridge Bank BANK ONLY, E & W Sides of N 9th Street Bridge 2 4 $ 480.00 ;$ .- 246.00 US 227 -170 Berry Fi2k3jis)a' O,!7i' Off Ramp 4 islands Tands in Berry Field 2 2 8 4 $ 480.00 Reid Parkway From University to East Edge of Reid Property (see attached map) 2 8 $ 300.00 $ 600.00 West Cart Road Industries Road 227 to City Limits Union Pike to US 27 2 2 5 10 $ 360.00 Industries Road Williamsburg Pike to Union Pike 2 6 $ 600.00 Industries Road Salisbury Road to Williamsburg Pike 2 10 $ 600.00 1 Industries Road Roundbarn Road to Salisbury Road 2 1 10 -�_..✓'- "...-^,. J: '4 � Y fad' -� $ 960.00 Saluisbury Raod 170 South to US 40 2 16 $ 180.00 NW L Street NW 11th to Salisbury Road W Side 2 3 $ 180.00 NW L Street NW 11th to Salisbury Road E Side 2 3 $ 240.00 NW L Street NW 11th to just west of NW 6th, around posts 2 4 $ 180.00 Laird NW L St to Belden, between street and rail road 2 3 $ 240.00 1 NW 11th Street Rich Road to NW L Street 2 4 $ 600.00 NW Sth Islands Williamsburg Pike 2 10 $ 60.00 NW 5th Islands NW Sth Split Union Pk 2 1 $ 360.00 Union Pike Sheridan Street to Hills 2 6 $ 60.00 Sheridan St & Waterfall Road Corner V 2 1 $ 60.00 Sheridan St / Bridge Ave V Oval at intersection of Sheridan & Bridge Ave 2 1 $ 60.00 Sheridan STfrom Boyer to NW N Sheridan V 2 1 $ 120.00 Sheridan St from Boyer to NW N Guard rail weeds 2 2 $ 180.00 Bridge Ave Butler to NW J 2 3 $ 240.00 NW 5th Overpass Banks on NW 5th Overpass 2 4 $ 60.00 Richmond Ave Along fence in front of Johns Manville 2 1 $ 180.00 Sheridan St Sheridan Underpass connecting to Richmond Ave 2 3 $ 60.00 Ft Wayne & Richmond Ave Triangle corner of Ft Wayne & Richmond Ave 2 1 $ 90.00 Dana Pkwy/Industries Triangle 2 1.5 i,.. .. 4ki..,S T� .,L...Jw Y`•'9i.�%Lr �.. .. ,.y^'� _ Contract Performance: Reddog Enterprises has been in business since 2008 serving the Richmond, IN area. Reddog Enterprises is dedicated to customer service for both residential and commercial customers. Timing is critical to our execution and a key metric for our overal performance. We are committed to on time performance for all required notifications. Our scheduling model is such that allows needed time for project work and additional assignments. The working crew is heavily involved in the planning and very aware of the needed timing. We will be able to complete all needed orders within the allotted time frames. Steven C. O'Brien Owner - Reddog Enterprises OF-