HomeMy Public PortalAbout126-2022 - Bader Mechanical - installing gas line for Station #4 AGREEMENT•
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THIS AGREEMENT made and entered into this "f day of 2022, and referred to as
Contract No. 126-2022 by and between the City of Richmond, Irfdiana, 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. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with the furnishing and installing of
a gas line to be connected to the grill located at Fire Station No. 4 located at 801 South L Street for
the Fire Department of the City of Richmond, Indiana (the Project). Work shall be performed by
Contractor during regular working hours, Monday through Friday, 7:30 a.m. to 4:00 a.m. during said
Project.
Requests for quotes were made July 12, 2022. Responses to said request are on file in the office of
the Chief of the Richmond Fire Departiiient. The response of Contractor to said request for quotes is
attached hereto as Exhibit A,which Exhibit is dated July 19, 2022, consists of one (1) page, 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. 126-2022
Page 1of6
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 One Thousand Sixty-four Dollars and Thirty-eight Cents ($1,064.38)
Aekbixeltomt for complete and satisfactory performance of the work required hereunder.
MF SECTION IV. TERM OF AGREEMENT
his Agreement shall become effective when signed by all parties and shall continue in effect until
satisfactory completion of the Project.
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.
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
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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.
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
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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,
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
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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.
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.
[Signature Page to Follow.]
Page 5 of 6
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
By: � By: ,
Vicki Robinson,President
By: Printed: /1 G yve G b,„k,,
Emily Palmer,Member
Title: Pre Sid en
Matt Evans,Member
Date: � � �'2-2-
Date: S'[l'2A
/-
APPROVED: I _.` �_ —
` Snow, a or
Date: 8 pr' 2022
Page 6 of 6
Bader Services • 110 W. Main Street • Richmond,IN 47374
Ph: (765) 962-4440 . 1-800-762-5755 •Fax: (765) 966-7347
■ a• er IN Lic. • OH Lic.27085 • www.badermechanicalinc.co
rn
SERVICES
Plumbing•Piping •Heating
Air Conditioning•Electrical
July 19,2022
Richmond Fire Dept.Station#4
Facility Management 801 S.L.St.
Richmond, IN.47374
Air Quality
Dear Joe,
Boilers Bader Mechanical is pleased to submit for your consideration the following
gas line to the grill. quote to run a
24-Hour Service Our price to run a gas line is$1,064.38 and includes the following;
Machinery Hook-up 1. Temporarily shut gas off to the building..
2. Cut in tee and valve for grill.
3. Turn gas back on to building.
Plumbing 4. Run gas line over head above entry door and over to grill location.
5. Turn gas on to new line and check for leaks.
6. Check all installations and repairs and verify proper operation.
Sewer&Drain 7. Clean up job site.
8. Price good for 30 days and subject to review after that.
Duct Cleaning
•
Air Advice Qualifications
1. No painting is included.
2. No electrical other than what is mentioned above is included.
HVAC 3. No removal of hazardous waste of any kind.
4. One-year warranty on parts and labor from date of installation against factory
defects,this is good only when equipment is properly maintained. Proof of
Refrigeration maintenance may be required to receive complete warranty benefits.
5. Work to be performed during regular working hours of 7:30 A.M.To 4:00
Coolers P.M., Monday through Friday.
6. If any conditions are encountered at the site which are(1)subsurface or
otherwise concealed physical conditions which differ materially from those
Freezers indicated in the contract documents or(2)unknown physical conditions of an
unusual nature,which differ materially from those ordinarily found to exist
and generally recognized as inherent in construction activities you may incur
Piping additional costs.
We appreciate the opportunity to submit this proposal to you for your review. If you should
Design and Build have any questions pertaining to this matter,please feel free to contact us at this office.
Sincerely,
Pneumatics ACCEPTED :116.011/13/
L-"`—L DATE: ABSheet Metal Eric Evans t ry
Service Manager
Control Systems Note: Payment due on completion.Any unpaid balance will be subject to interest at 1 %2%
per month or 18%APR, plus any attorney's fees needed to collect any monies owed.
Fire Protection
PAGE l �F—l--
8/30/22,10:33 AM CITY OF RICHMOND Mail-Contract#126-2022
' I June Marshall <jmarshall@richmondindiana.gov>
iI
Contract #126-2022
2 messages
June.Marshall <jmarshall@richmondindiana.gov> Fri, Aug 12, 2022 at 12:15 PM
To: Kimberly Vessels <kvessels@richmondindiana.gov>, Chloe Parks<cparks@richmondindiana.gov>, Kaylee Dickey
<kdickey@richmondindiana.gov>
Cc: Kara Noe <knoe@richmondindiana.gov>
Kim/Chloe,
Kara noticed a potential issue with the contract.
On the second page of this contract under Compensation it states- $1,064.38 per year for complete
Will this need to be corrected? I do not think the vendor has noticed but the vendor has signed it, but I have not issued a
PO.
How do we correct this?
Thanks,
June Marshall
Business Manager
Richmond Fire/EMS Department
101 S. 5th Street
Richmond, IN 47374
Phone (765) 983-7266
Direct Line (765) 983-7541
I Bader Second page.pdf
45K
Kim Vessels <kvessels@richmondindiana.gov> Tue, Aug 16,2022 at 2:07 PM
To: June Marshall <jmarshall@richmondindiana.gov>
Cc: Kara Noe<knoe@richmondindiana.gov>, Chloe Parks <cparks@richmondindiana.gov>, Kaylee Dickey
<kdickey@richmondindiana.gov>
June and Kara:
My fault for not catching that. The attached page 2, upon which I used our typewriter to "strike"that language, could
be submitted to the Bader signer to initial next to that stricken part as well as having the BOW members initial them,
and I would explain to the BOW that it was a scrivener's error on my part. Doesn't really have to be on camera since
it is a scrivener's error although it would not bother me to explain it on camera either if necessary. Alternatively,
because I seriously doubt Bader even noticed it nor would they submit an invoice for work next year which they had
not performed, I would think a copy of this e-mail could be kept in the vault along with a copy of Jerry's memo
(referencing this is for 2022—also attached) in case there is confusion in the future, but since everything is "tied
together" as far as ATPs, notices to proceed,contract, associated PO, invoice(s) (if any),then it is not likely that Bader
will be overpaid by the City despite that conflicting language.
https://mail.google.com/mail/u/0/?ik=4b6427b058&view=pt&search=all&permthid=thread-a%3Ar6970038904752759748&simpl=msg-a%3Ar29401017... 1/2
8/30/22,10:33 AM CITY OF RICHMOND Mail-Contract#126-2022
Thanks!!
Kim
Kimberly A.Vessels
Assistant City Attorney
City of Richmond, Indiana
50 North 5th Street
Richmond, IN 47374
765-983-7220
[Quoted text hidden]
2 attachments
in 08-04-2022-Contract No. 126-2022 (Bader memo).pdf
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.�q 20220816142524350.pdf
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https://mai I.goog le.com/mail/u/0/?ik=4b6427b058&view=pt&search=a I I&permthid=th read-a%3Ar6970038904752759748&si m p I=msg-a%3Ar29401017... 2/2