HomeMy Public PortalAbout123-2019 - Aqua Shield products LLC - slide repair at the poolI
AGREEMENT
THIS AGREEMENT made and entered into this day of , 2019, and referred
to as Contract No. 123-2019 by and between the City of Ric ond, Indiana, a municipal
corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as
the "City") and AquaShield Products, LLC, 5 896 Chandler Court, Westerville, Ohio, 43 082
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains. Contractor to provide services in connection with the renovation of the
Splash Pool Play Structures at the Cordell Municipal Pool for the Richmond Parks Department in
Richmond, Indiana (the "Project").
' r
Bid Specifications dated July. 22, 2019, have been made available for inspection by Contractor,
are on file in the office of the Director of Purchasing for the City of Richmond, and are hereby
incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the
same.
The response of Contractor to sand Request for Responses is attached hereto as Exhibit A. which
Exhibit is dated July 29, 2019, consists of four (4) 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- 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. 123 -2019
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Nine Thousand Two Hundred Dollars and
Zero Cents ($9,200.00) for complete and satisfactory performance of the work required
hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective upon complete execution of this Agreement and shall
continue in effect until satisfactory completion of the Project, which completion is expected to be
on or before May 1, 2020.
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
Page 2 of 6
t
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
A. Worker's Compensation &
Disability Requirements
B.. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
r
D. Comprehensive Auto Liability
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
Section L . -Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
F
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 lave, 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
Page 3 of 6
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 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;,
Page 4 of 6
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 eachperson 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.
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" "C ONTRACTOT' ,
THE CITY OF RICHMOND, AQUASHIELD PRODUCTS, LLC
INDIANA by and through its 5896 Chandler Court
Board of Parks and Recreation Westerville, OH 43 082
By: By:
Mike Foley, President
Date: Printed:
APPROVED :
avid M. Sn Title:
Date.
Date:
Page 6 of 6
In the* event that an ambiguity or question of intent or a need f • `
o� z �terpxetl on of thus Agreement
arises,, this Agreement shall be construed as if drafted jointlyb ' � the parties, and no presumption
or burden of proof shall arise favorinb or disfavoring an art b i�` -
�' party }' �rtt�e of the authorship of any -
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Inidana, as of
the, day and, year first written above, although signatures may
� g .y be affixed o�� different dates.
CONTRACT OR
THE CITY OF RICMNIOND.
A.OUASHELD PRODUCTS, LLC
INDLkN . by and through its 5896
Chandler Court
Board of Parks and Recreation Westerr'
Zhle, OH 43082
ti
By-• r `'
By:
Mike Foley, President
Date: C!' ,.,r
Printed:-eooe
APPROVED:
avid M. SnTithe:
Date. -
Date: L�
Ma '�
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k* Iwo
Mli
I]... z -re .
o CITY OF RICEMOND
50 Northlifth Street
PRICE REQUEST
Richmond, Indiana 47374
(765) 983,,7,200, TIHS IS NOT AN 01RDER _
' I OR WST- .UCUO S
This is a request for a price or quote for the services or
materials desarlbed below. Any additional
specifications may he attached hereto. This is not au
order end the City reserves the right to accept all, or
Pat or d®oline the entire proposal. Please complete
your full marne, address, and phone numb or b Blow with
signature; itomize aU prices auk. Gbarges ,where ,
requested; and attach explanation for any substituft:to
specr�ications altered, Please roium in care of ,
Purchasing to the address above by the specified date
III
and time to be considered unless otherwase ,speoiiled,
DATE Wret'MrTST 33E IN BELM, RY IM QUMND -PAYMNT TARNS
r*AAu
�U_IY223 20 19 1 noonIEL R�E� UPON RECEIPT OF TIrI�iYCE
QUANTITY IEscm rION UNITMC) G, xoxAL
Splash Fool Renovation
(see aftaehed)
Please include a c ent ee,Ifteate
of msuranc er xi ""the tie pity ❑ �
Richmond as the certificate holder,
with yow hid.
*Bids maybe se ed or Urought to
the address above or faxed to Vick!
Robinson. at (765) 9V3--1517W1 fr6
]PRICE -REQUEST
NAM OR a:.i+M Q 0TMiY ,.
/1�9'0'00
vxc x�o�nvso�
PiTRGIlASXN'ICY DWCTOR BX
01
AUTI-10R1ZED BY
Bids are to be mailed or brought to the.
Purchasing Departmeizt in the Wcbmond ,� ��01,
Municipal Bufldmg at 50 North 5th Street,, DATZ
State Tax Exemptiori No. 003121909401 Phone No.
EXH16ii PAGE';OF��
AQUATIC PLAY FEATURES. REPAINTING PROJECT
Proposal# 1289B4O7,19,APU,'D
Cordell Municipal Pool,-". Richmond,IN
0
AquaShleld Products, LLC
5896 Chandler Court
Westerville, Ohio 43082.
Sales; 614.948.2554
Customer Service: 614,948,2557
Technical: 440.781.0051
29 July 2019
`vww►SlideRenu.com
PROPOSAL# 1289B4O7, I9,CITY OF RICHMOIyD,IN,APV,0
Page I of 7
A. C�
A.1: The process we will follow for repainting the aquatic play features is outlined below.
(1) Pressure'wash the metal features with a high --volume pressure washer(3500 PS to
p �
remove loose failing paint.
(2)'Hand scrub 'Metal surfaces to remove all scale build-up, dirt, ' and oils from the
.me
metal surface using Chlor-kid or SlldeDetergent surface cleaner and conditioner,
(3) Prepare metal surfaces fusing hand sanders, sandblasting equipment (if selected as an
option in Section E,), paint Temover products and metal grinding wheels [ wire gushes.
NOTE: Surfaces are re uired to be sandblasted in order Qr us to issue a gust warra
See
Section E ,Scope of Work and J; Warrant.
(4) if required, rinse Chlor-Rie with Hold Blaster (diluted) flash rest preventative and let
dry.
(5) Spot prime using rollers and brushes, to all prepared metal.
(6) Apply (1) one coat by hand using rollers and brushes, (2) two coats if necessary to
achiove.unifonn color, the specified Top Coat noted in Section A. to all metat surfaces.
NOTE: All coatings will be hand a,Mlied unless svecificaUy noted othet-wise in :Section ,f.
B. Contractor & Subcontractor Relationship
SlideRenuo will appoint a certified aquatic painting applicator to puxform all. of .the work as
specked in this Proposal, we wil.1 notify the customer with the contact info of the on -site
foreman not less than. 5 days ' prior to starting the work, All of our certified applicator technicians
are OSHA / Mari -Lift cerfified and registered in the E—Verify program.
C. Access & Safety
We may access the aquatic play features using ladders,. self -erected scaffolding and/or man -lifts,
Our certified painting applicators carry adequate Worker's Compensation Insurance during the
duration of the entire project. The work will be, -performed during the approved work hours as
determined by the customer which will not be less than 10 hours/day,
Our certified painting applicators shall at all --times keep the premises free from accumulation of
waste materials or rubbish caused by the work performed by the xabc.ontractor. Upon completion
of the worl�, waste materials, rubbish and tools, equipment, machinery and surplus materials- shall
be removed from the,"ob site. All- building surfaces and work areas will be left "broom clean".
D. Surface. Prep aration
All surfaces to be repainted will be prepared with cleaning products and other commercial surface
prep products which either meet or exceed current environmental regulations, i.e. biodegradable,
human safety, iron -hazardous material disposal, etc. The surface preparation products will be
applied in accordance with the surface prep application instructions provided by the manufacturer
www,slideRenu.com ;
PRCPOSAU 1 x89B.07. t 9.CITY OF RICHMOND.I1V.M.0
Fage W7
-PA
JEXHIBIT -A F
k
J. Warranty `
STANDARD PRODUCT WARRANTY" SlideRenuo will provide the customer with a TWO .2
YEAR product performance warranty at the completion of the project which warrants the
performance of the. coatings -used on the project against excessive; loss of, losschalking and
g g
color fading. We do not warrant any rust fbimation on the metal surface,
If the product fails to perfonrn as noted above, SlidelR.ene will, at its sole option, replace only the
coatings which have faired with similar coatings at no -charge or reirnbursa the customer for
purchasing replacement coatings up to $200/gallon, .
RUST -WARRANTY: A FIVE (5) YEAR product performance warranty is also provided against
surface rust if the actuafic la fe tares are dismantled and shi ed to a third a faciliv where
it will be sandblasted to "white metal" conditiongalvanized and.painted usm" a coammeroial rust
prooflnR system, The optional sandblasting cost, if selected, is indicated in Section E.
STANDARD WORKMANSHIP WARRANTY: The workmanship warranty is ONE (1) YEAp
From the completion date of the project and covers the delam nation and uniform application of
the coatings only, b the event of delamination or peeling, SlideRenuo will repair the delamxnated
areas in accordance with the process described in. Section A.I. at no --charge to the customer or at
its sole option, reimburse the, customer for the cost of repainting the delaminated area s - based on
the average of three (3) independent painting contractor quotes.
The coatings performance and workmanship warranty DOES NOT cover claims that result from
acts of nature, vandalism, improper pressuring gashing procedures and lack of maintenance by
the customer and the use, of aggressive solvent -based cleaning chemicals or operating the aquatic
play features constantly at higher than the industry standard 3 PPM chlorine levels,
REFER . TO COMPLETE WARRANTY DETAILS BY VISITNG OUR WEE S ITE;
www.SlideReau.com
K. Proposal .Acceptance
if required, we will send you a. contract for signature to formalize this proposal when you are
ready to move forward with the project. If you don't require a formal contract :from us, please
send us your contract for signature or sign below to accept this proposal so we can begin to
manufacture the custom coatings,
Your signature on this proposal creates a legal and bindingcontract, the terns which are revided
p
herein. Furthermore, your acceptance gives us permission to use any before, in progress and after.
pictures of any of the ' slides we service at your facility in our advertising/marketing materials,
mm.811daRenuxom
PRoP4sALM 1289B4O7.13MV OF RICHMOND.IN,APU,0
Page Sof 7
LEiHIBIT,� PAGE �_OF