HomeMy Public PortalAbout070-2022 - Code Enforcement - Reddog Enterprise - Mowing City Properties - ORIGINAL
AGREEMENT
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THIS AGREEMENT made and entered into this o/ day of A14//'4/ / , 2022, and
referred to as Contract No. 70-2022, by and between the City f 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 February 24, 2022, 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 March 1, 2022, consists of three (3) 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. 70-2022
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 althougji 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, 2022. 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 2023.
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;
Page 2 of 7
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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government,the State of Indiana, or local government.
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
Page 3of7
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
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.
Page 4 of 7
•
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 IC5-22-16.5. 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;
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
Page 5 of 7
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 attomey's fees.
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.
"CITY" "CONTRACTOR"
THE CITY OF RICHMOND, REDDOG ENTERPRISES INC.
INDIANA by and through its 1216 Elks Country Club Road
Board of Public Works and Safety Richmond, IN 47374
By: 6%d 462B .
Vicki Robinson, President
Th6_1—_
By: Printed: '�%( / , ,/
Emil Palmer, Member
By: XTitle: 6. ". g,,
Matt Evans, Member
Date: f-2/-22, Date: 1• 0
APPROVED: I
David . now--
Date: 6 ci 2 ZoZ�
Page 7 of 7
Tr%
51 CITY OF RICHMOND
`t 50 North Fifth Street
is ? .F��°
� ' ` Richmond, Indiana 47374 PRICE REQUEST
�HDIA�P (765) 983-7200
THIS IS NOT AN ORDER
VENDOR INSTRUCTIONS
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
FEB 24 2022 MAR. 11,2022 by 12:00 noon TUFT TVFPFT? UPON REcFTPT OF TNVOTC1:
QUANTITY 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 may be mailed,emailed to kmess-
ler@richmondindiana.gov or brought to the
Purchasing Department in the Richmond Mu-
nicipal Building at 50 North 5th Street.
PRICE REQUEST
NAME OF FIRM QUOTINGBY /�� CJ�— �. �= A3i^ , —'
KARA NOE
PURCHASING MANAGER BY
a �iLIKl tITI3Y
TITLE
DATE 3 C
State Tax Exemption No. 003121909-001Q � O
Phone No. r /•
EXHIBIT PAGE __h__OF`"°3 1
' -j
Reddog Enterprises,Inc. **NOTE: Our Pricing has no changing from last two years**
3/1/22 2 Men per Hour Billed @ 60.00 per hour
Description Price
City of Richmond..
1 US 40 Bridge &SW 1st, Both Sides,Curbs, 60.00
2 US 40-170 Shoulders,Bridge,Islands 960.00
3 South 2nd Triangles West Side Curve to S' 60.00
4 South 4th Small Triangle 400 Block South. 60.00
5 Garden Ave Field Old Police Garage Site 60.00
6 South L South 5th to Liberty Ave 120.00
7 Liberty Ave Sanitation Dr S to city limits 120.00
8 South Q S 3rd to Test Rd 120.00
9 S 8th S"N"Triangle S 8th n"N" 240.00
10 S 8th S 8th n L Fire station behind Station 120.00
11 S 9th n US 27 Triangle Intersection across 360.00
12 S Q South 9 to hilling Moving 60.00
13 Southl3th RR Irish Hills Ct Underpass Dye 120.00
14 S V Irish Hills Ct Boston Pike to 13th 120.00
15 Alley S L&Perry 60.00
16 S 16th S L Apartments East Side Only 60.00
17 S 23rd South L to Wernle 240.00
18 Ditch between S 22 n 23rd 360.00
19 1303 S 20th Bushes to Black Top 120.00
20 S L St North 16 east one block south side 60.00
21 S L St.S 23 to Henley North Side 360.00
22 Henley Rd Hodgin Rd to Wernle 180.00
23 S 37th St.South A to Hodgin Rd 480.00
24 Bachmeyer Rd S 37th to Stonecreek Rd 120.00
25 Det.Pond Corner of Stonecreek Rd n Timb. 180.00
26 Garwood Rd Backmeyer to Hodgin 240.00
27 Hodgin Rd S 37th to Industrial Parkway 240.00
28 Industrial Parkway US 40 to Hodgin 40 240.00
29 US 40 East U Haul & Steak n Shake 240.00
30 Old National Rd East US 40 to Industrial PI 120.00
31 Cumberland Rd Cumberland Rd trim overgi 240.00
32 Woodside Dr.Red Lobster to G Pit Merman 300.00
33 5 37th St.US 40 Hills to Walmart.37th St 0 480.00
34 Rt 40 Island on S 31 n 32 Henley Ct 4 Islan 120.00
35. Reeveston n S E West of Henley Unpaved I 360.00
36 Between S 20th n 23rd E of South G to end 360.00
37 S 16th n S E between St.n Tree Line 60.00
38 S E to S 9th W Side of N 9th strip front of I 60.00
39 Gravel Pit Rd.RPL to RR west side RR-Wou 360.00
40 Model T Vacant Lots 60.00
41 S 5th St. Gorge Bank behind 528 S 5th St. 180.00
42 W Eaton Pike 120.00
43 Shamrock Ct.Empty Lot between 1451 &1 60.00
44 Irish Hills Ct.Empty Lot between 1451 & 1 120.00
EXHIBIT Pt PAGE 1 OF 3 I
Peg°1 of 2
c
Descrlpllon Prlco
1 N 21st.Dead End N along RR 120.00
2 N 20th St.Bridge Both Sides 240.00
3 Hawkins Rd.N 20th St.going East 360.00
4 N J n N 20th Islands 120.00
5 N 17th Dead End 120.00
7 N 15th St. Dead End 120.00
8 North H ROW Between N 13 n 14th 120.00
9 North J Alley Between 11 n N 12 trim overt 120.00
10 N G between N 10th n N 12th 120.00
11 N 9th St.Bridge Bank Only E &W Sides 240.00
12 US 27 170 Off Ramp 4 Islands 480.00
13 Middle Dr& N Dr Berry Field Islands(Two I 240.00
14 Reid Parkway University to E Edge Reid Pr 480.00
15 West Cart Rd 227 to City Limits 300.00
16 Industries Rd Union Pike to 27 600.00
17 Industries Rd.Williamsburg Pike to Union I 360.00
18 Industries Rd Salisbury rd to Williamsburg 600.00
19 Industries Rd Roundbarn Rd to Salisbury R 600.00
20 Salisbury Rd 170 S to US 40 960.00
21 NW L St.NW 11th to Salisbury Rd E&W Si( 360.00
22 NW L St.NW 11 to just W of NW 6th around 240.00
23 Laird NW L St.to Belden between st n RR 180.00
24 NW 11th St.Rich Rd to NW L St. 240.00
25 Williamsburg Pike Islands NW 5th Split Uni 660.00
26 Union Pike Sheridan St.to Hills 360.00
27 Sheridan &Waterfall Rd Corner V 60.00
28 Sheridan Bridge Ave V Oval at Intersection 60.00
29 Sheridan St.from Boyer to NW N Guard Ral 180.00
30 Bridge Ave Butler to NW J 180.00
31 NW 5th Overpass Banks on NW 5th Overpa 240.00
32 Richmond Ave,fence front Johns Manville 60.00
33 Sheridan St.Underpass to Richmond Ave. 180.00
34 Ft.Wayne &Richmond Ave.Triangle Come 120.00
35 Dana Parkway/Industries Triangle 90.00
36 2153 Williamsburg Pike 50'off Rd 180.00
37 SW 1st &W Main Sim Hodgin Triangle.... 300.00
38 Round Barn Rd & Industries Rd Ret Pond I 480.00
39 Rich Rd Bridge Deck to Salisbury.. 240.00
40 Old Reid Hospital From Brick Walls to Hwy 180.00
41 Sim Hodgin Parkway.. 360.00
42 NW 13th RR Underpass.. 60.00
43 Alley Behind John Manville.. 60.00
44 Manor Dr.. 240.00
45 121 &227 Split.. 180.00
46 Mendelson Rd & Progress Dr.. 60.00
)EXHIBIT A PAGE 1 OF 3
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