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HomeMy Public PortalAbout174-2017 - Aquatic Control,lake maintenanceAGREEMENT THIS AGREEMENT made and entered into this 15th day of November, 2017, and referred to as Contract No. 174-2017 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 1. 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 2018 calendar year. Contractor's proposal is attached hereto as Exhibit "A", which Exhibit is dated October 25, 2017, consists of one (1) page, 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 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 a total amount not to exceed Two Thousand Five Hundred Forty-eight Dollars and Nineteen Cents ($2,548.19) 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. 174-2017 Page 1 of 5 AGREEMEN'r THIS AGREEMENT made and entered into this ,L;t day of �1�, e �1 : 2017, and referred to as Contract No. 174-2017 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 Sheet, 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 SUl3,1 ECTOF 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 2018 calendar year. Contractor's proposal is attached hereto as Exhibit "A", which Exhibit is dated October 25, 2017, consists of one (1) page, 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 tire incidental to the proper completion of all work specified. No performance of services shall commence mail 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 22-5-1.7-1 I(a)(2);and 3. A purchase order has been issued by the Purchasing Deptu•tnent, SECTION If. 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 Forty-five Dollars and Zero Cents ($2,545.00) for complete and satisfactory performance of the work Iequired hereunder. Contractor has agreed to a three percent (3%) discount if the payment is prepaid. Contract No. 174-2017 lkiw Paige I of 5 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective on January 1, 2018, and shall continue in effect until December 31, 2018. 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 M $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.jm'isdiction of the courts of \lraync County, Indiana, and suit arising under this Contract, if any, must be filed in said courts, The parties specifically agree that no arbitration or meditation 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. lit file 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 ol' intent or a need fir interpretation of this Agreement arises, this Agreement shall he construed its if drafted jointly by the parties, and no presumption ar 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 to Richmond, Indiana, as of the clay and year first written above, although signatures may be affixed on different dates. i1CITY" THE CITY OF RICI MOND, INDIANA by and through its Board of Parks and Recreation y' ----- Denise Retz, Superintendent Date: ' % S - / r AI'PROVt=.D: -L�t v c i �f. Snow r Date: "CONTRACTOR" AQUATIC CONTROL. INC. P.O. Box 100, 418 West State Road 258 Seymour. IN 47274 14 WX--, �n Printed: �GiiVl f S� ��►'c9 Jj°^� JI M4crn {eneihcc Title: Sv +evV)s4 Date: n / ) S /,;o / 7 Pagr 5 (11,5 VEGETATION MANAGEMENT (ow LAKE SURVEYS FISH MANAGEMENT a ua"c• corRoL Phone 812.497-2410 Ms. Denise Retz Office Glen Miller Park City of Richmond City Parks Dept. 50 N. 51h St. Richmond, IN 47374 Fax 812-497-2460 765.983.7276 We hereby submit specifications and costs for a Clean Lake Maintenance Program. PROFESSIONAL CONSULTANTS FOUNTAINS AERATION SYSTEMS Proposal No.: 226676 Created :10/25/2017 Company ID: 616 Invoices will be mailed to: City of Richmond City Parks Dept. 50 N. 5th St, Richmond. IN 47374 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, 201 B. 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 controlled 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 watermeat 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 Kol and/or goldfish were observed in this pond. These species have a low (r 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. $2,627.00 ( $2,627.00 plus $0.00 sales tax) Nontaxable [j Tax Rate 0.000� Payment Options (see back of document) Notes and Precautions: 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. Terms: 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. Payment will be according to the payment option chosen on back. Overdue accounts are subject to suspension services and Into fees. Authorized Signature: _" _ ___7� _. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified, Payment will be made as stated on the back of this Xetiffiefit HIBIT PAGE Of Date Signature (Fill in Payment Information on back.) Please sign, date, and return white copy to Aquatic Control, Inc, 418 W. State Road 258, Seymour, IN 47274 JEXHIBIT-A-. PAGE 1 OF_Ir- Affidavit of Employment Eligibility Verification The Contractor, % tR��r-Co1, IL I , affirms under the penalties of perjury that Contractor does not I&�owingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this 3 day of AV44f - , 20(7. xk--�J-2-- (signature) (printed name) ACC>1?DV CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDM-YY) 6/20/2017 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 be endorsed. If SUBROGATION IS WAIVED, subject to he 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 endorsement(s). PRODUCER Moore 6 Shepherd Insurance 320 South Airport Road CONTNAME: Susie Rohr PAH/ON o Ext: (812) 522-8555 1 FAX No: (812)522-8592 E-MAILs:srohr@shepherdins.com ADD PO Box 443 Seymour IN 47274 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Selective Ins Co of South Carolina 19259 INSURED INSURER B :QBE Insurance Co oration AQUATIC CONTROL, INC. INSURERc: 418 W STATE ROAD # 258 PO BOX 100 INSURERD: INSURER E : SEYMOUR IN 47274 INSURERF: 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL J= SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY) POLICY EXP (MM/DDIYYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR EACH OCCURRENCE $ 1,000,000 DAMA R-E PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 15,000 S 1860441 6/17/2017 6/17/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY Z PRO- JECT LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OPAGG $ 3,000,000 $ OTHER: AUTOMOBILE LIABILITY Ee aBINEDiSINGLE LIMIT $ 1, 000 , 000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS S 1860441 17 6 / /2017 6/17/2018 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAR CLAIMS -MADE DIED I X I RETENTION$ 0 $ S 1860441 6/17/2017 6/17/2018 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under N / A WCYVXMZJOI 6/17/2017 6/17/2018 X STATUTE ERH E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE-, EA EMPLOYE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) UERIIFIUATE HOLDER CANCELLATION City of Richmond Dept of Parks & Recreation 2200 E National Road Richmond, IN 47374 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Susie Rohr/SROHR © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401)