HomeMy Public PortalAbout076-220 - Engineering - Hoosier Pride Excavating - Site Access Agreement with City & Countyrh
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SITE ACCESS AGREEMENT
This Site Access Agreement ("Agreement") is executed by and among the City of Richmond,
Indiana ("City"), and Wayne County, Indiana ("County"), and Hoosier Pride Excavating, Inc.
("Hoosier Pride"). Whereas, the Parties agree as follows:
1. As part of certain drainage system modifications being conducted by the County,
by and through its Highway Engineering Department, at or near the South G Street bridge
("bridge"), the County and Hoosier Pride need to access and make proposed upgrades within and
upon the City's portion of a certain unimproved access path ("path" or "Property") located
underneath the bridge prior to completion of the drainage system modifications. An aerial map
showing the rough location of the path is attached hereto as Exhibit A. The County has retained
the services of Hoosier Pride to conduct the Work of the proposed path improvements.
2. The City hereby authorizes the County and its contractor, Hoosier Pride (also
including any subcontractors of Hoosier Pride), to enter upon the Property during the period of
May I , 2020, through and including _Mares 3 At , 202_,L or at such other
dates as the parties may mutually agree in writing, for the purpose of performing minor
improvements to the path, including, but not limited to, one or more of the following activities
(hereafter referred to as "the Work"):
A.) filling in of washed out areas of the path; and/or
B.). general repair of the unimproved path.
If the County or Hoosier Pride proposes invasive activities substantially different in nature
from the Work described herein, the City shall be given advanced notice and the Parties will
discuss a written addendum to this Agreement setting forth any additions to the Work.
3. Hoosier Pride will conduct the Work in accordance with all applicable federal,
state, and local safety requirements. When Hoosier Pride is finished with the Work, it shall
restore the path to its current or better condition existing prior to the Work.
4. Hoosier Pride will properly characterize, store, and dispose of any excess soil,
waste, or materials that it removes from the Property.
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Contract No. 76-2020
5. The County will be solely responsible for the cost of the Work performed by
Hoosier Pride under the terms of this Agreement.
6. The City of Richmond will be notified at least 48 hours in advance of the
commencement of any of the Work and/or of any deviation of the Work schedule.
7. The County and Hoosier Pride (including Hoosier Pride's subcontractors) shall
enter the Property at their own risk, and City shall not be held responsible or liable for injury,
death, or loss incurred arising out of or in connection with the Work or any activities conducted
under this Site Access Agreement, except to the extent any injury is caused due to the acts or
omissions of the City. Notwithstanding this, the City shall also not be liable for any actor omission
or conditions of the path due to the status of the path as an unimproved property for purposes
of the Indiana Tort Claims Act. The County and Hoosier Pride agree to enter the property in its
"as is/where is" condition.
8. Hoosier Pride agrees to procure and pay for, during the term of this Agreement
and any extension thereof, standard fire and extended coverage insurance in an amount fully
covering any improvements constructed on, over, or below said Property. Hoosier Pride shall
also maintain and provide general liability insurance for the benefit of both the City and County
in a sum of at least $1,000,000.00 dollars per person and $2,000,000 dollars per occurrence,
during the term of. this Agreement and extension thereof, covering any acts of operation by
Hoosier Pride or its respective agents/subcontractors.
9. In exercising its access privileges, Hoosier Pride shall take reasonable steps not to
interfere with the City's operations on the Property.
10. Any party to this Agreement may terminate this Agreement by giving two (2)
months advanced written notice to all other parties, or all parties may terminate the Agreement
at any time by written agreement.
[Signature page to follow.]
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11. Any person executing this Agreement in a representative capacity hereby
warrants that he or she has been duly authorized by his or her principal to execute this
Agreement.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
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By:g?A&" �,
Vicki Robinson, President
By:
Emily 6mer, Member
By: ok -
Matt Evans, Member
Date: D Z 6 Z oZ v
"THE COUNTY"
WAYNE COUNTY, INDIANA by and through
its Board of County Commissioners
401 E Main Street
0
Pri
Date: 9 — A/0
"HOOSIER PRIDE"
Hoosier Pride Excavating, Inc.
9150 N. Prairie Road
Springport, IN 47386
By:
Ronald J. Brown
Title`e-CS
Date:^ C _ /? Z a Za
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