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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 '� . r 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