HomeMy Public PortalAbout053-Drive thru window landfillAGREEMENT
THIS AGREEMENT made and entered into this 2 ? day of Mkt j 2004, by and
between the City of Richmond, Indiana, a municipal corporation actifig by and through its Board
of Sanitary Commissioners (hereinafter referred to as the "City") and Complete Home
Improvement Company, 3920 National Road West, Richmond, Indiana 47374 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to install new drive through windows at the New Paris Pike
landfill.
A Request for Quotes dated April 1, 2004, has been made available for inspection by Contractor,
is on file in the office of the Purchasing Director and is hereby incorporated by reference and
made a part of this Agreement. A portion of said Request for Quotes is attached hereto, made a
part hereof and marked as "Exhibit A". Contractor shall perform all work described on "Exhibit
A", using materials described in said Exhibit, in a timely manner.
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. Contractor warrants that all work performed and materials
supplied shall be free from defects for a period of at least one (1) year following the completion
of all work herein.
The services performed by the Contractor shall meet all applicable standards of professional
competence. Additionally, Contractor shall be available to and shall respond within a reasonable
time to any questions City or third parties dealing with the City may have regarding such
services.
No work shall commence until the City is in receipt of any required bonds and certificates of
insurance, if such are required, 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.
CONTRACT 53-2004
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SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed Six Thousand Two Hundred Fifty ($6,250.00) for
the timely and satisfactory completion of all work specified in this Agreement. Payment shall be
made after Contractor has fully completed all necessary work and has presented City with an
invoice for payment.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until the completion of the work described herein.
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 any report or other work product that is
incorrect, incomplete or fails to meet reasonable professional standards in any
material respect;
c. unavailability of sufficient funds to make payment on this Agreement;
d. impossibility due to destruction of the subject matter of the contract;
e. failure of Contractor to use the required materials; or
f. any act on Contractor's part that amounts to an anticipatory repudiation of 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 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
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directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coveraae 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
D. Comprehensive Auto Liability
Section 1. Bodily Injury $300,000 each person
$300,000 each occurrence
Section 2. Property Damage $100,000 each occurrence
E. Comprehensive Umbrella 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 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:
l . That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
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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 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;
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.
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. In the event an action or claim is brought against City
arising out of Contractor's act or omission in the performance of this Agreement, Contractor shall
indemnify the City against all losses, costs, damages, and expenses, including City's reasonable
attorney fees.
SECTION IX. 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, without the prior written consent of the other party, shall be void. This Agreement
shall be controlled by and interpreted according to the laws of the State of Indiana 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 filing with the Agreement a written instrument setting forth such changes signed by both
parties. Any previous discussion, negotiation, or dialogue relating to the subject matter contained
herein is superseded by this Agreement. Furthermore, both parties agree that no discussion,
representation or negotiation, other than that contained herein, has transpired relating to the subject
matter of this Agreement and that neither party is relying upon any negotiation or discussion that took
place prior to this Agreement.
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.
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The parties hereto submit to the venue and jurisdiction of the courts of Wayne County, Indiana,
and any suit arising under this Contract must be filed in said courts. By executing this
Agreement, Contractor expressly waives the right to, and is estopped from, bringing any action
regarding this Agreement in alternative courts, tribunals, or venues. 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.
hi the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies at law or in equity, 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.
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"
A)ehnk.00iD,S
THE CITY OF RICHMOND, COMPLETE HOME IMPROVEMENT
INDIANA by and through its COMPANY
BOARD OF SANITARY
COMMISSIONERS
By: By: K
President
Date: � - � ',,P
APPROVED:�GL�:�C�/&Ly�/!i
Sarah L. Hut on, Mayor
Date:
Title: 4 !�VJ'ey-
Date: S' 2
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NEW DRIVE-THRU WINDOWS AT LANDFILL SCALE
HOUSE
Scope of work: Purchase and install new drive-thru windows at scale house
according to the following specifications:
Supply two (2) READY ACCESS 131 bi-parting windows with following
features:
• Size: 53 1/2"W X 43 3/4" H
• Motion Sensor
• Push Button Bypass -
• Tinted Glass -
• Clear Anodized Aluminum
Install windows following the guidelines below:
• Windows to be installed according to manufactures specifications
(specifications supplied to installer when windows are purchased).
• New 20 amp circuit installed from existing breaker panel in scale
house to new windows. All electrical work to meet code.
• Windows inside scale house to be trimmed with brick molding and
painted white.
• Windows outside the scale house to be trimmed with new aluminum
and match the existing color.
• 1" x 8" x 4' Oak toe board Painted white to be installed under
windows.
• Relocate outlet by outbound window.
All safety regulations must be followed by contractor.
EXHIBIT PAGE __�__pF�