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HomeMy Public PortalAbout040-Primus POD-2 Cooling TowerAGREEMENT THIS AGREEMENT made and entered into this ) — day of 2004 by and between the City of Richmond, Indiana, a municipal corporation Ucting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Johnson Mechanical, Inc. 491 Hawthorne Lane, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to install a Primus P02D-2 cooling tower on or within the Municipal Building facilities located at 50 North 5"' Street. A Certain Bid Specifications has been made available for inspection by Contractor, is on file in the Purchasing office for the City, 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 Bid Specifications is attached hereto as "Exhibit A," which Exhibit is dated April 7, 2004, consists of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide and install a Primus P02D-2, as described on its proposal and shall provide work incidental to the installation, as described on its proposal. All work required herein shall be completed within the time stated for the installation of the unit on page two (2) of "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. Contractor shall perform all work herein in a timely manner conforming with the times stated on page two (2) of "Exhibit A" for the installation of a Primus unit. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No work shall commence until the City is in receipt of any required bonds and certificates of insurance, and until 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. SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Twenty-two Thousand Three Hundred Fifty-seven Dollars ($22,357.00) for all goods and services required by the terms of this Agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the project. Contract No. 40-2004 Page 1 of 5 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/or competent manner its obligations under this Agreement, which include, but are not limited to, all work listed on "Exhibit A"; b. ineffective or improper use of funds provided under this Agreement; C. suspension or termination of the grant funding to the City under which this Agreement is made; or d. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make prorated paymrk ent for all wo 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. Cov— erage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $300,000 each occurrence $300,000 aggregate Section 2. Property Damage $100,000 each occurrence Page 2 of 5 D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $300,000 each person $300,000 each occurrence $100,000 each occurrence $1,000,000 each occurrence $1,000,000 each aggregate SECTION I. 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. 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: 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 race, religion, color, sex, national origin or ancestry against any citizen of ton behalf of Contractor or any sub -contractor, shall not discriminate by reason of of Indiana who is qualified and available to perform the work to which the he State employment relates; 2• 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 4. 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 terms or conditions of this section of the Agreement. Page 3 of 5 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 VIII. 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 IX. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party rights or obligations hereunder without the prior written consent f the other or delegate any of its delegation or assignment, without the prior written consent of the other party, l Any such shal be null and void. This Agreement shall be controlled by and interpreted according to dianallaw and hall 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 filing 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 and venue of the courts of Wayne County, Indiana, and any suit arising out of this Agreement 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 Agreement in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Agreement If any court or tribunal declares any provision of this Agreement unenforceable, all other provisions of this Agreement shall remain in full force and effect. 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 4 of 5 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 Public Works and Safety By: ''John Kenny, President Date: 1 U q S4 Sara L. H ton, Mayor Date: �� Q G Page 5 of 5 "CONTRACTOR" JOHNSON MECHANICAL, INC. By: Title:_y . , Q r Date:_ 5 — 3 Johnson Mechanical, Inc. 491 Hawthorne Lane Richmond, IN 47374 (765) 966-5297 (765) 966-8057 FAX City Of Richmond Cooling Tower — City Building Bid Proposal Marley Model: Primus P02D-1 /P 12D-1 Lead time: 2 to 4 weeks Length of time to complete project once tower is received: 4 to 5 days Shipping cost: Included in quote Specifications are included — Further documentation can be provided at your request. Marley Model: AV61031 Lead time: 5 to 6 weeks Length of time to complete project once tower is received: 4 to 5 days Shipping cost: Included in quote Specifications are included — Further documentation can be provided at your request. Cooling towers will be provided by: Keller — Rivest, Inc. 6935 Brookville Road Indianapolis, IN 46239 (317) 359-9000 Sales Representative: Bob Jacobi EXHIBIT A PAGE I QF COOLING TOWER - CITY BUILDING The City of Richmond is accepting bids for replacement of the cooling tower outside the City Building. Attached is an asbestos report stating that there was no visible asbestos found. Quotes must include cost of removal and replacement, a new cooling tower, and any permits if needed. Tower must be up and operational. Please quote the following separately: Primus Marley modeler (including the above) - z 2 Jr '7 . 0� Marley model AU61031 (including the above) - _ I C r 8 71. DD Each of the above models is too tall to fit in the current space. Please also quote removal of existing grating and installation of a 6' chain link fence around the tower pit. Also include the following with your bid: 1) Lead time of cooling tower; 2) Length of time to complete the project once the tower is received; 3) Any shipping cost; 4) Complete specifications of both models of tower. Please call Vicki Stevens at 983-7209 to arrange to view the current cooling tower. [EXHIBIT- - PAGE -