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HomeMy WebLinkAboutContract – For Proposal Award to Standardize and Streamline City-Wide Overhead Door Services - Industrial Door of Northern Indiana, Inc.1316 COUNTY -CITY BUILDING 1 �� �'' PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD � WF m FAX 574/ 235-9171 SOI ITH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS January 14, 2020 Mr. Rick Hunter Industrial Door of Northern Indiana, Inc. 3839 S. Main St. South Bend, IN 46614 RE: Contract Dear Mr. Hunter: The Board of Public Works, at its meeting held on January 14, 2020, approved the above referenced contract for the proposal award to standardize and streamline the city-wide overhead door services, for hourly rates per service for two (2) years, with the option of two (2) additional years. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR SERVICES AGREEMENT This Agreement For Services (this "Agreement") is entered into on January 1, 2020 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and Industrial Door of Northern Indiana, Inc., an Indiana corporation with its Principal place of business located at 3839 S. Main Street, South Bend, IN 46614 (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit. A (the "Proposal"), which Proposal is incorporated herein. In the event of any conflict between the terms of this Agreement and the terms of the Proposal, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. Com )eal ation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider the Program Fee stated in the Proposal (the "Contract Amount") in accordance with the project budget stated in the Proposal. The City will pay the Contract Amount in installments upon invoicing by the Provider as set forth in the Proposal (each a "Contract Installment"). The City will not be required to pay any Contract Installment if the City is not satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The sum of all Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and terminate two (2) years from the Effective Date. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18-4, payments are subject to annual appropriation by the City. If the City makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay any Contract Installment or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 4. Remedies for Breach of Contract. Failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. 5. Point of Contact. The City employee identified in Section 9 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationship. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. Indemnification of Cit . The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Assi anment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: Cam: Industrial Door of Northern Indiana, Inc. City of South Bend, Central Services 3839 South Main Street 1045 West Sample Street South Bend, IN 46614 South Bend, IN 46619 Attn: Rick Hunter Attn: Adam Parsons, Dir. Facilities Mgmt. 10. Equal Opportunity; Non -Discrimination, Compliance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions 2 is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 11. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 12. Entire Agreement; Amendment` Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana, and any dispute arising out of this Agreement or otherwise concerning the Provider's rendering of the Services will be resolved in the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different method of dispute resolution. 13. Sevcrabilit. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Provider and the City agree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions. 14. Force MaieM. The Provider shall not be responsible for any failure or delay in the performance of any obligation hereunder, if such failure or delay is due to a cause beyond the Provider's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war, third -party suppliers, labor disputes or governmental acts. [Signature page follows.] 3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Services to be effective as of the Effective Date stated above. INDUSTRIAL DOOR OF NORTHERN CITY OF SOUTH BEND, INDIANA IXA1INC. 7I<ID OF PUI3IIC W S 57 G AG'1tP dt Printed hPawe wind lrtluY 5 . ° l Street Address ary . i o , re- A..n p ©y�, N1nlncif t Member Elizabeth A. Maradik, Member Box "' J. D r :u, Member I"heresc c tt)a, , tali zip a L _w-w 7 - - .. x-* Tele hone Fax AT ES17 M, ,�ida. Martin, +'l rk Industrial Door 3839 South Main Street, Of Northern South Bend, IN 46614 Indiana Phone: 888-653-3667 Fax: 574-2894587 ;11:351 Contact Person: I I --&-- Rick Hunter 574-532-7266 rhuntencr ix i mStr I- 1<100111 j.CO In Secondary Contact: Corey Miller 574-360-9593 gnjj�jlgL,,@Ljndu.,S rialL -gi, )i g WITI Industrial Door 3839 South Main Street, South Bend, IN 46614 of Northern Indiana Phone:888-653-3667 Fax:574-289-4587 Company Background *Established in 2001 *Grew from 1 truck and 3 employees in 2001 to 15 trucks and 28 employees today *Strive for quality workmanship and timely service. *Annual sales of over $4,000,000.00 *Ability to provide adequate liability insurance and bonding through our local insurance agent. nustrl•al Door 3839 South Main Street South Bend, IN 46614 1W 51. of Noi-hern Indiana Phone:888-653-3667 Fax:574-289-4587 Company Experience Service Technicians: Bob Kelly: Service and Installation specialist (15 years) Brandon Reiss: Service and Installation specialist (4 years) Tennis Reiss: Service and Installation specialist (10 years) Greg Robb: Service and Installation specialist (9 years) Tim McCreery: Service and Installation specialist (6 years) Jack Dixon: Service and Installation specialist (12 years) Kevin Kalmorgan: Service and Installation specialist (5 years) Jim Cieselski: Service and Installation specialist (5 years) Chris Cattin: Service and Installation specialist (2 years) Chris Jones: Service and Installation specialist (1 year) Jack McCreery: Service and Installation specialist (2 years) Noah Devine: Service and Installation specialist (3 years) Nick Smith: Service and Installation specialist (1 year) Jason Hardel: Service and Installation specialist (1 year) Industrial Door 3839 South Main Street, South Bend, IN 46614 of Northern Indiana, Phone:888-653-3667 Fax:574-289-4587 Company History Customer base: Over 5,000 commercial and residential customers. Fleet: 11 Service trucks and 4 sales vehicles. Radio dispatched and equipped with GPS tracking. Business Location: 3839 S. Main Street South Bend, In. Suppliers: C.H.I Overhead Doors Clopay Garage Doors Raynor Garage Doors Cornell Iron Works Lif faster Electric Operators Albany High Speed Doors McGuire Loading Dock Equipment In ustrial Door 3839 South Main Street, South Bend, IN 46614 Of Northern Indiana Phone:888-653-3667 Fax: 574-289-4587 Trade References Steel Warehouse 2722 W. Tucker Dr. South Bend, IN 46624 Merly Mears 574-850-5286 City of South Bend 1045 Sample St. South Bend, In. $6619 Phil Marek 574-309-4979 marek c soc (11_l eqd n, qy South Bend Regional Airport 4477 Progress Drive South Bend, In. 46628 Cliff Jenkins (574) 2824590 ext.307 c er�kir sbnaircorn Other major customers AM General University of Notre Dame Meijer Stores Majority Builders Ancon Construction Ace Builders Cadet Construction Newmar Corporation United Parcel Service Federal Express Thor Corporation Forest River Keystone RV dustrial Door 3839 South Main Street, South Bend, IN 46614 of Northern Indiana Phone:888-653-3667 Fax:574-289-4587 Experience and ability to meet specifications Very familiar with all City of SB properties and doors. Currently under contract to service overhead doors. We are the only door company located in the city limits of South Bend and that enables us to have quick response time. Any service calls will be addressed within 2 hours maximum. All of our service technicians take their trucks home and are on call 24/7 We stock a large inventory of replacement parts to expedite N repairs. Safety: All of our technicians have weekly safety meetings and wear personal protective equipment such as hardhats, safety glasses, reflective vests, fall protection and hearing protection. Scissor Lifts: We provide a scissor lift for our staff to work safely on your overhead doors at no cost to the customer. Safety is our main concern. Industrial Door of Northern Indiana 3839 South Main Street, South Bend, IN 46614 Phone; 888-653-3667 Fax: 574-289-4587 Service Cost Information Non Emergency Service Rate: 1$145.00 per hour Emergency Service Rate: $1,65.00 per hour (after hours 5:00 pm-6:00am, weekends or holidays) r -1l 44"'►J TE-12 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1/6/2020 Name Adam Parsons Department Central Services BPW Date 1/14/2020 Phone _ � .......... ����..�� �.. .�� ......_....... � � N Extension 9302 w Review r to Submittal to Board .�. Diversity Compliance ❑ Officer Naml�ered Pno .___,�._..�.�.... �. ._....�.w _........ .. and Inclusion Officer ......._.. .. Y ® _ Attorney Name ._. �. ........_ ._.......... _m_ ._.......� ......� BPW Attorney Clara McDaniels Dept. Attorney ❑ Attorney Name .......... . _ ..... Purchasing ® Michael. Schmidt Check the Appropriate Item Twe w uired Mr All Submissions LJ Open Market Contract gr El E Contract m-_ ... ..... .__... — ... LJ Professional Services Agreement Amendment/Addendum ❑ Bid Opening El Bid Award Quote Opening Quote Award Proposal Opening j C/O & PCA No. �j Chg. Order, No. Traffic Control Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information Proposal LJ Special Purchase, QPA E] Req. to Advertise Reject Bids/Quotes (� PCA ❑ Resolution Ease./Encroach ❑ Title Sheel Yes If Industrial Door y of Northern Indiana, , Inc. _ �....._.. _ ..._. _ _. ❑ es, Approved by Purchasing ® No MBE Completed E-Verify Form Attached � Yes WBE ❑ No City -Wide Overhead Door Services i ........._ _. _.. Accounts Individual Departmental Maintenance A __...... ..... TBD (see attached for hourly rates w years, with an option wfor an additional 2 years To streamline and stand a rdize cit -wide overhead door re air services. For Cha l_ge Orders Only ....._. .. _da m._ E_.. _ . _......._wa .... _. AIncrease $ Amount of �... ... Decrease Previous Amount Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount:. New Completion Date: