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HomeMy Public PortalAbout191-2021 - Engineering - Cor Bader Mechanical - City Building HVAC Maintenance • • AGREEMENT THIS AGREEMENT made and entered into this !P> day of ifa , 20,2,,2 , and referred to as Contract No. 191-2021 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Bader Mechanical, Inc., 110 West Main Street, Richmond, Indiana 47374 (hereinafter referred to as the"Contractor"). SECTION I. STA I EMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services in connection with the maintenance of the HVAC system in the City Building for the City of Richmond,Indiana(the Project). Requests for quotes were made November 22, 2021. Responses to said request are on file in the office of the Richmond Purchasing Department.. The response of Contractor to said request for quotes is attached hereto as Exhibit A, which Exhibit is dated December 6, 2021, consists of two (2) 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. 191-2021 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor the rates and markup costs described in Contractor's response with the total sum estimated not to exceed Six Thousand Nine Hundred Dollars and Zero Cents ($6,900.00) per year for complete and satisfactory performance of the work required hereunder. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective January 1, 2022, and shall continue in effect until December 31,2022. Both parties expressly agree that two (2) options to renew this Agreement for a second and third year shall be retained by the City upon the same rates, terms, and conditions of this Agreement for the calendar years 2023 and 2024. 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. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force- majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government,the State of Indiana, or local government. Page 2 of 6 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 Section 2. Property Damage $1,000,000 each occurrence 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 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. Page 3 of 6 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 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, Page 4 of 6 • 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; 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 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. Page 5 of 6 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. 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" THE CITY OF RICHMOND, BADER MECHANICAL INDIANA by and through its 110 West Main Street Board of Public Works and Safety Richmond,IN 47374 114,4 By: gat- By: 7Lk Vicki Robinson,President BY: Printed: illetd A l�'1. „kJ_Emi_ Palmer, Member By: Title: E's e Matt Evans,Member Date: / / Date: APPROVED: f David Sn ayo Date: 0( d?" ZpZZ Page 6 of 6 • CITY OF RICHMOND '% 1 50 North Fifth Street ;,P Richmond, Indiana 47374 PRICE REQUEST ND s (765) 983-7200 THIS IS NOT AN ORDER VENDOR INSTRUCTIONS This is a request for a price or quote for the services or materials described below. Any additional specifications may be attached hereto. This is not an order and the City reserves the right to accept all or part,or decline the entire proposal. Please complete your full name,address,and phone number below with signature;itemize all prices and charges where requested;and attach explanation for any substitution to specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. DATE REPLY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS NOV 22, 2021 DEC 6,2021 by 12:00 noon DELIVERED UPON RECEIPT OF TNVOTCF. QUANTITY CATALOG NO. DESCRIPTION UNIT PRICE TOTAL Maintenance of HVAC System • - City Building (see attached) Please include a current certificate of insur- ance,naming the City of Richmond as the certificate holder,with your bid. Bids must be presented in a sealed envelope with the project name on the outside of the envelope. Bids may be mailed or brought to the Pur- chasing Department in the Richmond Munici- • PRICE REQUEST NAME OF FIRM QUOTING �1� I 1— BY lv "� a�<< /1e�{neA:cal —L t AC.. KARA NOE PURCHASING MANAGER BY r '/� 0t,, AU 1HuRILE)J)3Y TF4STITLE ic��n� DATE /21 10/2,l State Tax Exemption No. 003121909-001 (g 7 P � q/ D Phone No. /�A � `f PYHIR1T PAGE ► °OE.__ _ Bader Services • 110 W.Main Street•Richmond,IN 47374 ■ Ph: (765) 962-4440 . 1-800-762-5755 • Fax: (765) 966-7347 Her IN Lic.PC10400537 • OH Lic. 27085 • www.badermechanicalinc.com Plumbing•Piping •Heating • Air Conditioning •Electrical • December 6,2021 City of Richmond/Municipal Building Facility Management Attn: Kara Noe 50 North 5th Street Richmond, IN 47374 Air Quality Dear Kara, Boilers Bader Mechanical is pleased to submit for your consideration the following quote for servicing the HVAC equipment at the city building. 24-Hour Service Our price for the service for one year(2022)is$6,900.00 and includes the following; Machinery Hook-up 1. Service the HVAC equipment per Exhibit"A"and Exhibit"B"of your price request.This service will be billed at$575.00 per month. 2. Costs for parts and labor above the routine maintenance are as follows; Plumbing a. Material-Cost plus 20%mark-up b. Labor-Serviceman regular hours-$75.00 per man hour. Labor-Serviceman overtime hours-$125.00 per man hour. Sewer&Drain Regular hours are defined as 7:30 AM to 5:00 PM Monday through Friday, non-holidays Duct Cleaning We appreciate this opportunity to submit this proposal to you for your review. If you should Have any questions pertaining to this matter, please feel free to contact us at this office. Air Advice • HVAC Ode S i dl eslA"' Signature Title Refrigeration 'c4e S erVieas er,e Evi.ws Coolers Company Contact Person Freezers 7(9,0t2- Lfy1/0 W t0/9.o2( Piping Telephone Number Date Design and Build Pneumatics Sheet Metal • Control Systems Fire Protection EXHIBIT PAGE 2 OF �+.. l� BADER-1 OP ID:BF ALL®b�fa' DATE(MMIODIYYYY) k.......---- CERTIFICATE OF LIABILITY INSURANCE 01/03/2022 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(ies)must have ADDITIONAL INSURED provisions or 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 765-962-9502 NcaecT Timothy L Miller HARRINGTON-HOCH,INC PHONE 765-962-9502 FAX 765-962-9506 1126 EAST MAIN STREET (Arc,No,Ext): (NC.No): RICHMONP,IN 47374 ADDRESS:tmills©harringtonhoch.com Timothy L Miller INSURER'S)AFFORDING COVERAGE NAIC# INSURER A:Grange Insurance Company 14060 INSURED INSURER B: Bader Mechanical Inc Adam Duke INSURER C: 110 W Main Street )NSURER.D: Richmond,IN 47374 INSURER E: • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 TYPE OP INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDD/YYYYI (MM/DD/YYYYI A X -COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPP 2848353 01/01/2022 01/01/2023 PREMISES ffEa RENTED $ 300,000 MED EXP(Any one person) $ 10,000 ' PERSONAL&-ADV INJURY $ 1,000,000 • GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00A POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) _$ X ANY AUTO CA 2848354 01/01/2022 01/01/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOSE _ A ONLY _ AUTOS �// p BODILY INJURY(Per accident) $ MAOS ONLY UTOS ONLY (PerraccdentDAMAGE $ UM/UM. $ 1,000;000 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CUP 2848356 01/01/2022 01/01/2023 AGGREGATE $ 5,000,000 DED X RETENTIONS 0 $ A AWORKERS D EMPLOYERS COMPENSATION X STATUTE �R H ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WCP 2848355 01/01/2022 01/01/2023 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory OFFICER/MEMBER ER EXCLUDED? N N/A NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS]LOCATIONS/VEHICLE'S (ACORD 101,Additional Remarks Schedule,may bo attached If more space Is required) • CERTIFICATE HOLDER CANCELLATION CITYRIC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Richmond ACCORDANCEEXPIRATION WITHTHE POLICY PROVISIONS.E. WILL BE DELIVERED IN Inspection.&Permits Dept Jason Haworth AUTHORIZED REPRESENTATIVE 50 North 5th Street Richmond,IN 47374 - 1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD