HomeMy Public PortalAbout109-2022 - Sanitation - Maddox - New Vibration Pad AGREEMENT
THIS AGREEMENT made and entered into this 21.0 day of j t,L , 2022, by and
between the City of Richmond,Indiana, a municipal corporation acting band through its Board
of Sanitary Commissioners (referred to as the"City"),and Maddox Industrial Group,Inc. 5906 S.
Harding Street,Indianapolis,IN 46217(hereinafter referred to as the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to replace a damaged frame and install six (6) new 6" by 6"
vibration pads underneath the blower frame. Additionally, Contractor will install a new blower
frame and install new expansion joints on each side of the blower and install pullies, belts, and
guards to complete the installation, all of which work is more particularly described on Exhibit
"A",which is attached hereto and incorporated by referenced herein.
Should any provisions, terms, or conditions contained in any of the documents attached hereto
and incorporated by reference herein as Exhibits, 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 shall submit statements or bills monthly.
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(s)signed by Contractor in accordance with
I.C. § 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.
SECTION III. COMPENSATION
City shall pay the sum of Ten Thousand Nine Hundred Ninety-five Dollars and 00/100
($10,995.00)for the total project cost.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto.
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 thirty (30) days written notice specifying the
effective date and the reasons for termination which shall include but are 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;
Contract No. 109-2022
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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.
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.
This Agreement may also be terminated by either the City or the Contractor, without cause, by
giving at least thirty(30)days written notice to the other party.
In the event of termination of this Agreement, 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.
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
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
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Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 aggregate
F. Malpractice/Errors&Omissions Insurance $1,000,000 each occurrence
$2,000,000 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. 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 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 Board determines during the course
of this Agreement that this certification is no longer valid, Board 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 Board
that the Contractor has ceased investment activities in Iran within ninety (90) days after
the written notice is given to the Contractor, the Board may proceed with any remedies it
may have pursuant to IC 5-22-16.5. In the event the Board 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 Board reserves the right
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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 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.
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 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 filing with the Agreement a written instrument setting forth such changes signed by both
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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.
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.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK—SIGNATURES TO
FOLLOW ON PAGE 6]
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"CITY" "CONTRACTOR"
The City of Richmond,Indiana,by and Maddox Industrial Group
through its Board of Sanitary
Commissioner
By: > —
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Title: Prc't C4- ALA.41,9 er
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APPROVED:
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RESCUE
MADDOX INDUSTRIAL GROUP)
ll_NP`'- T cono7NED SPACE RESCUE&ROPE A ccrSS
CITY OF RICHMOND WWTP
RICHMOND, IN
BLOWER INSTALLATION
CONTACT:Jeff Lohmoeller
Office:765-983-7464
Cell:765-993-2670 '
Email: jlohmoeller6i richmondindiana.gov
THIS PROPOSAL IS GOOD FOR 30 DAYS
"YOUR INDUSTRIAL SOLUTIONS SPECIALIST"
MADDOX INDUSTRIAL GROUP,INC.5906 S.HARDING ST.INDIANAPOLIS,INDIANA 46217
PH.317-870-2400 FAX 317-870-2410 WWW.MADDOXINDUSTRIAL.COM
INDUSTRIAL MECHANICAL—ELECTRICAL—MILLWRIGHT-MAINTENANCE
Exhibit A
5906 S Harding Street
A ^, Indianapolis,IN 46217
Office:317-870-2400
iMnoDox INDUSTR AvcRotri Fax:317-870-2410
INb I.tr.pn1Al Fri r4YIUN
Ciportel 4/.9
May 27,2022
City of Richmond WWTP
2380 Liberty Ave.
Richmond, IN 47374
Attn: Mr.Jeff Lohmoeller
Reference:Blower installation
Thank you for allowing us to quote this project.Our scope of work consists of the following:
Scope of Work;
1. Replace damaged frame mounting steel and hardware.
2. Furnish and install new 6"x 6"Vibration pads underneath the blower frame.
3. Install new blower on existing frame
4. Furnish and Install new expansion joints on each side of the blower.
5. Install pullies,belts,and guards to complete the Installation.
Exceptions&Exclusions:
1. Blower supplied by others
2. No painting Included
3. No electrical Included.
4. Payment Terms are Net 30 Days.
5. No additional work Included other than listed above.
6. No permits,licenses or fees Included.
7. No bonding or liquidated damages Included.
8. Proposal Is based on our current insurance policy;any additional coverage will incur additional cost.(if
required)
9. Any Retalnage withheld can only be held up to 75 days from the date of the Invoice or 60 days from the
last day worked,after 50%completion the retainage Is to drop to 5%.Invoices not paid within 30 days
are subject to a 1.5%service charge and subject to Lien rights and attorney fees.
10. Price for materials are subject to change without notice.Price will be confirmed at time of order.
11. Any additional work performed will be billed under the Maddox Industrial T&M agreement provided.
12. Customer to provide free clear Issue to perform work by MIG,delays of materials,equipment or change
in schedule that impact or accelerated schedule beyond MIG control will incur additional cost for impact
of schedule.
TOTAL LUMP SUM PRICE:$10,995.00
DEDUCT IF EXISITNG EXPANSION JOINTS ARE REUSED:$2,450.00
If you have any questions concerning this quote,please feel free to call me.
Sincerely,
Maddox Industrial Group,Inc.
t sse. Carter
Project Manager
Cell:317-716-2233
Ph.317-870-2400
jcarterta'�.maddoxindustrialcom
5906 S.Harding St.Indianapolis,TN.46217/P:317-870-2400 wwwiimddoxindustrial.coi„
5906 S Harding Street
r,- > Indianapolis,IN 46217
C i ) Office:317-870-2400
• 'MADDOX IND STRIAL,GROUR' Fax:317-870-2410
tr•OliErTr�t n4 a tint
L&rcrtA�+w'r
It is understood and agreed that Contractor shall enter into a written contracts with
subcontractors and vendors(collectively"Subcontractors")for the performance of portions of the
• work to be performed under the terms of this Contract("Subcontracts"). Under said Subcontracts
between Contractor and Subcontractors,Contractor shall use reasonable efforts to contractually
require the Subcontractors to: (a)assume liability and responsibility both to Owner and Contractor
for any material defects and deficiencies in the work performed by the Subcontractor("Subcontract
Work")for a period of one(1)year after the performance of Subcontractor's Work;(b)coifed and
repair or cause to be corrected and repaired any such material defects or deficiencies in the
Subcontract Work resulting from errors and omissions by the Subcontractor,and(c)cause Owner to
be an express third party beneficiary of the above(a)and(b)Subcontractors'warranties and
guarantees to the extent contained in the Subcontracts.Contractor hereby assigns its right,title and
interest in and to all such warranties and guarantees of its Subcontractors contained in the
Subcontracts to Owner,effective upon the payment by Owner of all amounts required to be paid to
Contractor hereunder. Notwithstanding the foregoing assignment,Contractor may,but shall have
no obligation or duty whatsoever,to assert a claim against a Subcontractor to enforce any such
warranty or guarantee.
-Notwithstanding any other terms or provisions of this Contract or any other agreement
between Contractor and Owner,Owner's sole and exclusive remedies in connection with the
Subcontract Work performed by a Subcontractor,and all claims,damages,demands,losses,
expenses,fines,causes of action,suits,or other liabilities resulting therefrom,shall lie solely
against the Subcontractor that performed the Subcontract Work and Owner hereby releases and
agrees to indemnify and hold harmless Contractor from any defects and deficiencies in the work
performed by a Subcontractor,and all claims,damages,demands,losses,expenses,fines,causes of
action,suits,or other liabilities resulting directly or indirectly therefrom,including without
limitation Contractor's attorneys' fees.
•
5906 S.Harding St.Indianapolis,IN.46217/P:317-870-2400 www.maddoxindustrial.com