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
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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.
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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