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HomeMy Public PortalAbout170-2019 - Parks - Aquatic Control - Lake Maintenance - Glen MillerAGREEMENT THIS AGREEMENT made and entered into this `a day of &019, and referred to as Contract No. 170-2019 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 1003 418 West State Road 258, Seymour, Indiana, 47274 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORD 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 2020 through 2024 calendar years. Contractor's proposal is attached hereto as Exhibit "A", which Exhibit is dated October 8, 2019, 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: I. 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. Contract No. 170--2019 Page I of 6 SECTION III. COMPENSATION City shall pay Contractor a total amount not to exceed Two Thousand Eight Hundred Fourteen Dollars and Zero Cents ($2,814.00) per year for complete and satisfactory performance of the work required hereunder. Contractor has agreed to a three percent (3%) discount each if the- yearly payment is prepaid, which would result in a final total amount payable to be an amount not to exceed Two Thousand Seven Hundred Twenty-nine Dollars and Fifty-eight Cents ($2,729.58) per year of .each year of this Agreement. The total five (5) year cost of the program is Fourteen Thousand Seventy Dollars and Zero Cents ($14,070.00) before the application of the yearly discounts as described above.. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective on January 1, 2020, and shall continue in effect until December 31, 2024. Notwithstanding the term of this Agreement,. City may terminate itliis 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 Page 2 of 6 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. L Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $10000 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 t Section .1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $15000,0.00 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. Page 3 of 6 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 Agreement that this certification is no longer valid and said determination i's 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 Page 4 of 6 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 of 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. 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. Page 5 of 6 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" "CONTRACTOR" THE CITY OF RICHMOND, AQUATIC CONTROL INC. INDIANA by and through its P.Q. Box 100, 418 West State Road 258 Board of Parks and Recreation Seymour, IN 47274 By: Denise Retz, Superintendent Date: 4/111 By: Printed: 'Ta woes 00 Fe!'�D"Ssf/ .JE r APPROVED: Title: . Sno r Date: Page 6 of 6 ti VEGETATION MANAGEMENT LADE SURVEYS FISH MANAGEMENT EX,`�t A UATI Coll C TR L Phone 812-497-241 0 Ms. Tonya Bowen Glen Miller Park - Office City of Richmond City Parks Dept. 50 N. 5th St. Richmond, 1N 47374 Fax 812-497-2460 765-983-7277 PROFESSIONAL CONSULTANTS We hereby submit specifications and costs for a Clean Lake Maintenance Program 2020-2024. Program Specifications: FOUNTAINS AERATION SYSTEMS Proposal No.: 264060 Created : 10 / 01 / 2019 Company ID: 616 Invoices will be mailed to: City of Richmond City Parks Dept. 50 N. 5th St. Richmond, 1N 47374 Program to include a biweekly (every other week) inspection of 1 pond with treatment as necessary to maintain acceptable control. of nuisance vegetation during the contract period: April through September, 2020. Al[ materials used in this 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. Some restrictions on use of water may be necessary with weed treatments. Restrictions are listed below in the PRECAUTIONS section of this proposal. Nuisance vegetation for terms of this contract includes al[ submersed aquatic plants and filamentous algae which is visible from the surface or are interfering with the client use of the Lake. Emergent vegetation 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/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: Proposal is for the 2020, 2021, 2022, 2023, and 2024 seasons. Total 5-year cost of program is $14,070.00. 2020 program cost is $2814.00. Contract is valid for a five year period (2020-2024) with annual renewal to be automatic and binding on both parties with the following exceptions, Contractors services are deemed unacceptable to Client. Contractor is unable to provide services to Client. Client is unable to provide funding for aquatic vegetation work. Written notification of any of these conditions must be provided prior to February 1 of each contract year. An advanced water quality sample can be collected and analyzed for $1 25.00 - at client's request. ' PROGRAM COST. $2,814.00 $2,814.00 plus $0.00 sales tax Nontaxable ❑ Tax Rate 0.000% Notes and Precautions: Algae Treatments - No restrictions on water use. Weed Treatments - May require suspension of use of treated water for domestic use, swimming, irrigation, and livestock watering. Restrictions vary with the herbicide use.d 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 shall accrue interest at an annual interest rate of 18%. Aquatic Control shall be entitled to collect its attorney fees incurred in the collection of any balance due here under. By signing below, you hereby agree and accept the above prices, specifications, conditions, and terms and authorize Aquatic Control to do the work as specified. Additionally, the undersigned warrants that the undersigned is authorized to sign and accept this proposal on behalf of City of Richmond City Parks Dept., and will indemnify and hold Aquatic Control harmless from third party claims for trespass, nuisance or any other challenge to Aquatic Control's authority to perform the work provided for herein. Authorized Signature: Printed: James B. Ferguson II 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 document. Authorized Signature: � � � __ _.- �--•--� �� PA < Ht IT S : �.. = Date: Printed: (Fill in Payment information on back.) , Please sign, date, and return to Aquatic Control, Inc, 418 W. State Road .258, Seymour, IN 47274 Payment Options (Please check choice) 10 Prepayment prior to 4/1 /2020 with 3.00% discount of $84.42 for a total payment of $2729.58. ❑ 1 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 ❑ I authorize Aquatic control to make a withdrawal on this specific date . My bank account information is listed below: L3anK Name Bank City and State Bank Routing Number Bank Account Number Bank Account Type Checking or Savings (circle one) El I will manually mail my timely payment to Aquatic Control. • Monthly billing starting: 4/1 /2020 in 6 monthly installments of $469.00. ❑ I authorize Aquatic control to charge my credit/debit card on the day of each month. My credit/debit card information is listed below: Card Number 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