HomeMy Public PortalAbout150-2016 - Parks - Acquatic Control - Maintenance and cleaning of pond in Glen Miller ParkAGREEMENT
THIS AGREEMENT made and entered into this 31!�_ day of , 2016, and referred to as
Contract No. 150-2016 by and between the City of Richmond, Indiana, a municipal corporation acting
by and through its Board of Parks and Recreation, with its office at 50 North 5th Street, Richmond,
Indiana, 47374 (hereinafter referred to as the "City") and Aquatic Control Inc., P.O. Box 100, 418 West
State Road 258, Seymour, Indiana, 47274 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with the Clean Lake Maintenance
Program for the lake at the Glen Miller Park for the Richmond Parks and Recreation Department (the
"Project") for the 2017 calendar year.
Contractor's proposal is attached hereto as Exhibit "A", which Exhibit is dated October 18, 2016,
consists of two (2) pages, and is also hereby incorporated by reference and made a part of this
Agreement. Contractor agrees to abide by the same.
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 which are incidental
to 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 IL 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 a total amount not to exceed Two Thousand Five Hundred Seventy-five
Dollars and Zero Cents ($2,545.00) for complete and satisfactory performance of the work required
hereunder. Contractor has agreed to a three percent (3%) discount if the payment is prepaid.
Contract No. 150-2016
Page 1 of 5
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective on January 1, 2017, and shall continue in effect until December
31, 2017.
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 and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, 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
Page 2 of 5
C., Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$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 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) 5-22-16.5, 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
Page 3 of 5
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 acting 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 monies 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 for negligence 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. It shall be controlled
by Indiana law and shall be binding upon the parties, their successors and assigns. It 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.
Page 4 of 5
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 suit arising under
this Contract, if any, 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.
Any person executing this Contract in a representative capacity hereby warrants that he 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 due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed.
In the event that an ambiguity or 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 Parks and Recreation
By:
Denise Retz, Superintendent
Date: �/ ?,--o 1
APPROVE
"CONTRACTOR"
AQUATIC CONTROL INC.
P.O. Box 100, 418 West State Road 258
Seymour, IN 47274
By: A"- V,—) I---
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Page 5 of 5
VEGETATION MANAGEMENT
LAKE SURVEYS
FISH MANAGEMENT
Phone 812-497-2410
Ms. Denise Retz
Glen Miller Park Office
City of Richmond City Parks Dept.
50 N. 5th St.
Richmond, IN 47374
Fax 812-497-2460
PROFESSIONAL CONSULTANTS
FOUNTAINS
AERATION SYSTEMS
Proposal No.: 209416
Created:10/18/2016
Company ID: 616
Invoices will be mailed to:
765-983-7276 City of Richmond City Parks Dept.
50 N. 5th St.
Richmond, IN 47374
We hereby submit specifications and costs for a Clean Lake Maintenance Program.
Program Specifications:
Program to include a biweekly (every other week) inspection of 1 pond for nuisance aquatic vegetation, with treatment as necessary to
maintain acceptable control of nuisance aquatic vegetation during the contract period: April through September, 2017. All materials used in
this maintenance program will be registered, or exempt from registration, with the U.S. E.P.A. and State Regulatory Agencies and all
applicators will be certified. Material selection will be made with the clients water uses taken into consideration. Some restrictions on use
of water may be necessary with weed treatments. Restrictions are listed below in the PRECAUTIONS section of this proposal. Any optional
items such as are listed in the OPTIONS section. Nuisance vegetation for terms of this contract includes all submersed aquatic plants and
floating/submersed filamentous algae which is visible from the surface or are interfering with the client use of the lake. Emergent
vegetation (such as cattails) will be controlted only if requested by the client prior to entering into contract and such control is included in
the OPTIONS section below. Control of duckweed and/or watermeal may require application of alternative herbicides and will incur
additional charges with approval from client.
Options and/or special terms included in this contract /proposal are as follows:
Non-native and potentially invasive Japanese Koi and/or goldfish were observed in this pond. These species have a low
tolerance to most algaecides and we cannot insure safety of these fish. Aquatic Control will not be held liable for loss of
these species.
PROGRAM COST: $2,575.00 ( $2,575.00 plus $0.00 sales tax) I Nontaxable ❑ Tax Rate 0.000%
Payment Options (see back of form)
Precautions for water use following treatments:
Algae Treatments - No restrictions on water use are required, however, we recommend a voluntary 12 hour suspension of body contact with
treated water for persons with known sensitive skin. Weed Treatments - May require suspension of use of treated water for domestic use,
swimming, fishing, irrigation, and livestock watering. Restrictions vary with the herbicide used with a maximum of 24 hours on swimming,
14 days for livestock watering, 14 days for domestic use, and 30 days irrigation. Water use restrictions for your lake will be posted on the
day of treatment, unless other notification arrangements have been made.
Te rms:
This contract is for the complete program as described in the above specifications and options sections,with material cost prorated
over the entire contract period. The monthly payment is not a per month charge for treatment, therefore, deletion of, or addition of,
a portion of the service time does not automatically reduce or increase the contract fee. Payment will be according to the payment
option chosen above, with net 30 day terms on monthly billing. Overdue accounts are subject to suspension services.
Authorized Signature:
Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby acceated,__Yo[e authorized to do the work
as specified. Payment will be made as stated above.
Date Signature
(Fill in Payment Information on back.)
Please sign, date, and return white copy to
Aquatic Control, Inc, P.O. Box 100, Seymour, IN 47274
Payment Options (Please check choice)
Prepayment prior to 4/1 /2017 with 3.00% discount of $77.25 for a total payment
of $2497.75.
❑ I have enclosed the prepayment with my signed proposal.
❑ I authorize Aquatic Control to charge my credit/debit card on this specific
date . My credit/debit card information is listed below:
Card Number
Expiration Date Security Code Billing Zip Code
Cardholder Signature
❑ 1 authorize Aquatic Control to make a withdrawal on this specific date
. My bank account information is listed below:
Bank Name
Bank City and State
Bank Routing Number
Bank Account Number
Bank Account Type Checking or Savings (circle one)
❑ 1 will manually mail my timely payment to Aquatic Control.
• Monthly billing starting: 4/1 /2017 in 6 monthly installments of $429.17.
❑ I authorize Aquatic Control to charge my credit/debit card on the
day of each month. My credit/debit card information is listed below:
rnrri M imhar
❑■
Expiration Date Security Code Billing Zip Code _
Cardholder Signature
I authorize Aquatic Control to make a withdrawal on the
month. My bank account information is listed below:
Bank Name
Bank City and State
Bank Routing Number
Bank Account Number
Bank Account Type Checking or Savings (circle one)
❑ I will manually mail timely payments to Aquatic Control monthly.
day of each