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HomeMy Public PortalAbout158-2012 - Sanitary - Environmental LaboratoriesAGREEM NT THIS AGREEMENT made and entered into this ° day of 2011, by and between the City of Richmond, Indiana, a municipal corporation acting by d through its Board of Sanitary Commissioners and its Storm Water Management Board (hereinafter referred to as the "City") and Environmental Laboratories, Inc., P.O. Box 968, Madison, Indiana 47250 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform various laboratory analysis and pick-up services of wastewater samples for City's wastewater treatment plant laboratory, MS4 program, and pretreatment program, as specified. A Request for Quotes was sent out December 3, 2012, has been made available for inspection by Contractor, is on file in the office of the Sanitation Department, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Quotes dated December 10, 2012 is attached hereto as Exhibit "A", consisting of four (4) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all requested services listed on Exhibit «A " 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 for 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 11. 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 at a per -unit cost as specified in Exhibit "A" in a total sum not to exceed Thirty -One Thousand Four Hundred Twenty -Four Dollars and Zero Cents ($31,424.00) for complete and satisfactory performance of the work required hereunder. Contract No. 158-2012 Page I of 6 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective January 1, 2013 and expire December 31, 2013; subject, however, to the City`s sole right to extend the Agreement, upon the same terms, for two (2) additional one-year periods. 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 manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards 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 date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement 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 $100,000 Page 2 of 6 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 UmbreIIa Liability $1,000,000 each occurrence $1,000,000 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 VIL 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 Iaer 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. Page 3 of 6 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 tenninate 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 sI►all 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: 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; That Contractor, any sub -contractor, or any person action 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 That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terns 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. Page 4 of 6 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 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. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by fling with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. 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 any suit arising out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she 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 in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, 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. Page 5 of 6 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" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: �_ � Richard Bodiker, President Date: 1 - 9 � 3 THE CITY OF RICHMOND, INDIANA by and through its Storan Water Management Board "CONTRACTOR" ENVIRONMENTAL LABORATORIES, INC. J - O� Printe . (_� Title: �}` W iAJ SGUJ Date: r By: President Member Member Date: I ~ �-- 15 APPROVED: Sarah L. Hutton, Mayor Page 6 of 6 13 11111!1 x; n R AN,, $-s p 1 }.' r M?tt;, i i CITY OF RIiCI3MOND DEPARTMENT OF SANITATION THIS � NOT �� ORDER 2380 LIBERTY AV i3NU—EoRtCMM0ND, INFDIANA $7374 VENDOR INSTRUCTIONS This is a request for .a price for the services of materials described below: Any- additional specifications rnay be Environmental Laboratories, Inc. attached hereto. This is NOTan older and the City resejries the Aght to accept all yr part, or decline the entire proposal. Laurie Webb Please complete your full name and phone number below with signature; itemize all ,prices and charges viheie 2 Eagles �N�tC t DrlVe requested; and attach any explanatiorrfor any subtltetion to J specifications altered; Ret6m In a sealed envefope, In care of Richmond Sanitary District Board of Commissioners to Indianapolis, IN 416254 the adminisfratlon building at the address above by the specified date and time to be considered. DAM REPLY MUST BE IN BY- PAYMENTTt RIVES: DELIVERY REQUIREDi Decernber 3, 2012 Decehiber'11, 2012 by 10,00 AAA UPON RECEfPT OF fNVDIGE DELIVERED. DESCRIPTION This is a request for quotes for 2013 Contract Laboratory Dutfigs Please see attached specifications and bid sheaf. All EVert y requirements and Indiana Local Prefer8nee Glaimst will apply to this quote. Please include a Certificate of insurance (including Worker's Corrlpensation):and Warranty Information with quote Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Mistomer:Svc Mgr 23.8i} Liberty Avenue Rucitmond, IN 47374 Re; Emergefiey-atfd-it-tkjht �a Quote Valid Until if you'haye: any questions please. call Steve woveland at 765-983-7473. TAX EXEMPTI.O N #1003121909.001 NAME OF FIRM QUOTING: AUtHORt ED eY$IGNAWRE 71tLE R hmorld nita.ry Distrid DATE PHONE NUM13ER rn to N �wya CY O Q o.ci:oo'o CD O C G7 i--' O 4 .� 000b'oo CS C3 �Q. 'ClO hS b 'D Q VI 000Ck b O tQ �--� o CDr O O O O t' w.53 � t cy.., sk=*, O �n i k� (tr Cp [D b O A. 'CD o n C� C) 'C) cO C7. :C? CDC) r Ca O CDG7 O CD tN o fbh 00 oa ao N N N N N 'N N N hN N N N 1i1 WP NPI N N N 9 fJD ifi to ?fi { ifi �t3 65 fig 40 to -0 Iw W) Vi i w.ti��lw.�'p�rs 6`.c}V]' N Vqq ` L d :i C GG Cr I. 4 k7 S C} L ld Cy L fl �G 4 f7 a o m N'x w +x U Cy "" E lid r. CD Nw! W '�Y *Oy o OE ON O 7.. t 3 cn p i� to I L.."U=Jz .cv W Up @ TyhL'' R ii tE.:p i `1 al�.. Cs d C> O -O -O O -C] C) C] O 3U W P� p C7 Q C3 'J C3 O G O C7 C5 LR O Ch Ui O C] O O t-+ LA CY [7 CS CD .' - ID Ta tvk C� tli G G L}' Q t) f3 C7 £3 4a G C7 D '� C3 F3 i N- O lv C7 N C7 tip Ull to V. U. cA sA LA cn cn V� Lvi. ch yr to cn cn Ca C3 0 0 C5 C7 CS C> C> C] Q Q O O a C>- O CJ C> fi3 { 0 4A #U) EA 4A <f! V) ft! b9 .69 tii -En Ew _0 fR FH 4 kpLp(fi `13a 1- EHE. P CIF� I tt A: 8 N � � t ° Its, ACC)R"* CERTIFICATE OF LIABILITY INSURANCE DAr01107120D13m 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(!es) must be endorsed. If SUBROGATION IS WAIVED, subject to the 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 Phone: (360) 598-3700 Fax: (360) 598-3703 MICHAEL J. HALL & COMPANY HALL & COMPANY 19660 10TH AVENUE N.E. POULSBO WA 98370 cONTAcr MICHAEL J. HALL & COMPANY NAME: PHONE (360) 598-3700 we Na , (360) 598-3703 art EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # wsURERA Rockhill Insurance Company 28053 INSURED Environmental Laboratories Inc INSURERB INSURERC PO Box 968 INSURERD: Madison IN 46240 INSURER E INSURERF ewn�c� !`CDTICId'ATC IW 16IIRFt7• 176446 REVISION NUMBER: �rVYGr __ -_ 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 ADUL INSR SUBR VJVD POLICY NUMBER MMLICY EFF 01104113 FOLIC EXP YM 01/04/14 LIMITS A GENERAL LIABILITY RPKGE00730200 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY -DAMAGE RENTED PREMISES (Ea occurence) $ 50,000 MED. EXP (Any one person) $ 5,000 CLAIMS -MADE lX] OCCUR X CCP, XCU, BFPD PERSONAL & ADV INJURY $ 1,000,000 X Separation of Insured GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ X POLICY J£ O- 7 LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Fa acedaat) $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE (per accident) $ $ X OCCUR RPKGE00730200 EACH OCCURRENCE $ 2,000,000 AENTION *UMBRELLAL.UAB IABCLAIMS-MADEPollution Liability AGGREGATE $ 2,000,000 $ $ WORKERS COMPENSATION ORY LIM iS ETR 5 AND EMPLOYERS' LIABILITY YIN ANY PROPRITORIPARTNERIEXECUTIVE E OFFICERIMEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ (Mandatory in NH) Ifyes, deem'be under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liability: Claims Made Farm RPKGE00730200 01/04/13 01104/14 $2,000,000 Per Claim Retro Date: $2,000,000 Aggregate January 4, 2013 DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CFRTIFICATF HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Your Information THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZER REPRESENTATIVE & Attention: Chris Engstrom :ORD 25 (20101051 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registerea marks Or At.UKLII WW INDIANA FARM .. AW BUREAU INSURANCE' NAMED INSURED AND ADDRESS. ENVIRONMENTAL LABORATORIES INC C10 CHRIS MYERS PO BOX 968 MADISON IN 47250 CERTIFICATE OF INSURANCE CERTIFICATE ISSUED TO, ENVIRONMENTAL LABORATORIES INC This is to certify that the policies listed in this Certificate have been issued to the Named Insured by FA UFB CASUALTY INSURANCE COMPANY ® UNITED FARM F&MILY MUTUAL INSURANCE COMPANY The policies of insurance listed on this certificate 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 is subject to all terms, exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. This Certificate of Insurance does not constitute a contract betwcon the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively Or negatively amend, extend, or alter the coverage afforded by the policies listed thereon. Type Of Insurance Policy Number Company Effective Date Expiration(A1B) Date Limits of Liability COMMERCIAL LIABILITY CPP1137932 29 B 10/1812012 1011 2013 General Aggregate $2,000,000 [ X ] Commercial General Liability Prod.-ComplOPS Aggregate [X] Occurrence Personal -Advertising Injury $500,000 Each Occurrence S1,000,000 Fire Damage (Any one fire) $I00,000 Med Expense (Any one person) $5,000 rARM LIABILITY Each Occurrence [ ] Equine Med Expense (Any one person) [ ] Occurrence COMM. AUTO LIABILITY CPPI 137832 29 B 10118/2012 1011812013 Each Accident $1,000,00o [ X ] Scheduled Autos Ivied Expense S5,000 [ X ] Hired Autos JXJ Non -Owned Autos FARM AUTO LIABILITY Each Accident [ ] Scheduled Autos Med Expense ] ] Hired Autos [ ] Non -Owned Autos UMBRELLA LIABILITY Each ccurrence Aggregate WORKERS' WC U 43517 29 B 10118/2012 101112013 Statutory -Indiana COMPENSATION $1,000,000 Each Accident AND Disease Policy LiWt $1,000,000 EMPLOYERS' LIABILITY Disease Each Employee $1,000,000 OTHER nvQr5iPT'tnN nr nAF.R ATUING. i.ft['ATtf1NS_'VRHTCT-FR- Rri-WRICTIONS-AND SPECIAL ITEMS If subrogation is waived, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certifiicate holder in lieu of such endorsement(s). Should any of the described policies be canceled before the expiration date, Cite issuing insurer will make an effort to notify the certificate holder named, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. 12/1012012 Date TANDY, D BRUCE Agent 812-273-3600 Phone 06-9963-12 [ ] Certificate Holder§ Copy [ ] Horne Office Copy [ ] Agency Copy [ ] Insured1s Copy Page I of I Printed: 12110/2012 08:48:04 AM