HomeMy Public PortalAbout145-2015 - Engineering - Tech Electronics - Install VHF Repeater System at RoseviewAGREEMENT
THIS AGREEMENT made and entered into this /$ day of Az&0 L015, and referred to as
Contract No. 145-2015 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 Tech Electronics & Communications, 319 North 5`h Street, Richmond, Indiana, 47374
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish and install a VHF Repeater System for Richmond Rose
View Transit (the Project).
Certain requests for quotes were made November 9, 2015. The response of Contractor to said request for
quotes is attached hereto as Exhibit A, which Exhibit is dated November 17, 2015, consists of five (5)
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.
Contractor shall not modify or alter any standard warranty from the manufacturer of the above described
equipment. Nothing contained herein shall prevent Contractor from providing any additional or
supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide
City with copies of its warranty upon receiving a written or verbal request to receive such warranty.
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.
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Nine Thousand Four Hundred Nineteen Dollars and
Zero Cents ($9,419.00) for complete and satisfactory performance of the work required hereunder.
Contract No.145 -2015
Page 1 of 5
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective upon complete execution of this Agreement and shall continue in
effect until completion of the Project, which completion shall be within sixty (60) days of complete
execution of this Agreement.
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.
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.
Coverase Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability
$100,000
Page 2 of 5
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$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 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
Page 3 of 5
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:
I . 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
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.
Page 4 of 5
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.
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"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By:
Vicki Robinson, President
Date: ` 2:2n-�
APPROVED:
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
TECH ELECTRONICS &
COMMUNICATIONS
319 North 5' Street
Richmond, IN 47374
By: c! Lt��4
Printed: (, J A'/ - C,4 6--E A)
Title: N 6
Date: / 0 — /G — � /s
Page 5 of 5
Rl�H,�o CITY OF RICHMOND
• 50 North Fifth Street
Richmond, Indiana 47374
(765) 983-7200
Tech Electronics
319 N. 5th St.
Richmond, IN 47374
PRICE REQUEST
THIS IS NOT AN ORDER
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
November 9, 2015
REPLY MUST BE IN DELIVERY REQUIRED
November 19, 2015 b 5:00 p.m. A DELIVERED
PAYMENT TERMS
I UPON RECEIPT OF INVOICE
QUANTITY
CATALOG NO. I
DESCRIPTION
UNIT PRICE
I TOTAL
BY
VHF Repeater System —
Rose View Transit
(see attached)
Please include a current certificate of in-
surance naming the City of Richmond as
certificate holder with your bid.
Bids must be enclosed in a sealed
envelope with the project name on the
outside.
PRICE REQUEST
VICKI ROBINSON
PURCHASING DIRECTOR
NAME OF FIRM QUOTING
BY
E _ I;.IZED BY
k Bids are to be mailed or brought to the /V
TITLE
'urchasing Department in the Richmond DATE / / — ! 7— /S"
Zunicipal Building at 50 North 5th Street. 5 ti 6 _ 00 7
>tate Tax Exemption No. 003121909-001
NXHlBIT PAGE T OF oe No.
KENWOOD EFJohns ; n' tart
T E C 1. X M 0 l 0 C 1 E S
NCKENWOOD Group communications
TECH ELECTRONICS & COMMUNICATIONS CO.
SALES - SERVICE - SYSTEM ENGINEERING
319 NORTH 5TH STREET - RICHMOND INDIANA 47374
765-966-0073 \ 800-232-8224 - WB9ZJS(a.MSN.CON.
To: The City Of Richmond
Date: 11-16-2015
Subject: Roseview Transit Radio System
We have enclosed a bid proposal for this project.
It may be found that some of the items listed may not be required. We may be able to salvage and
or reuse some items. If not required, the City will not be invoiced for them.
Enclosed are certificates of insurance for both Tech Electronics, and our tower work
subcontractor Beerline TV & Satellite. We have included their certificate of workers
compensation coverage.
Beerline TV & Satellite will provide all of the climbing and aerial tower work services for this
job. Tech Electronics will provide the communications equipment, FCC license work, all
programming, system set up and activation.
A note on when this job can be done. It is now weather dependent and will have to scheduled in
wth existing work in progress. I would predict that is the weather remains fair, we could get to
this within the next 60 days. The FCC license work will need to be done first.
Thanks
Gary
EXHIBIT A PAGEZ, OF
KENWOOD EFJohns = n* tart
T E C M N 0 l 0 C 1.1 5
JVCKENWOOD Group communications
TECH ELECTRONICS & COMMUNICA TIONS CO.
SALES - SERVICE - SYSTEM ENGINEERING
319 NORTH 5Ti STREET - RICHMOND INDIANA 47374
765-966-0073 \ 800-232-8224 - WB9ZJS MSN.COM
To: City Of Richmond
Date: 11-16-2015
Subject: Roseview Transit Repeater System
Repeater System:
(1) VHF Kenwood TKR-750 50 Watt Repeater Unit
(1) DC Power Supply
(1) 6 cavity 50 Watt Mobile Duplexer
Note 1: This item will be used if frequency separation greater than 4.5 MHZ is available. This
will not be known until we start the FCC licensing process. If wide spaced frequencies are not
available, be advised that this duplexer cost could be up to an additional $2000.00+ in cost above
the projected cost below. For that reason, we always do the FCC licence work first. If the final
system cost will exceed what is projected, or budgeted for this project, it can be aborted without
any costs.
(1) FCC License Preparation And Coordination Charges & Inter Service Fee
Note 2: Inter Service Fee's may not be required.
(1) Equipment Rack Or Enclosure
(1) Lightning Arrestor & Grounding Items
(1) Labor To Set System Up & Install
(20) Radio Unit Reprogramming:
Total: $4500.00
EXHIBIT PAGE =OF
Tower Work:
(1) 4 Bay - 6 DB Gain Dipole Antenna:
Note 3: This new antenna may not be required if the existing antenna is OK and of enough gain.
This is unknown because it has not been inspected on the tower top. This inspection is available
pre bid, but an additional charges would apply.
(1) 6 Foot Heavy Duty Galvanized Side Mount System:
Note 4: This mount system may not be needed if what is in place on the West side of the tower
- can be salvaged -Pre Eastflauing side mounds
(260) Feet 7\8 Inch hard Line Coax Cable & Connectors:
(1) Tower Labor (3) Man:
(1) Truck Shipping:
Total Possible Tower Work: $4919.00
Total Possible Project Cost: $9419.00
Again, see Notes 1,2,3 and 4.1 have estimated this job at the maximum amount. If we fmd that
these items are not required, you will not be invoiced for those items. Although we have been on
site to look at the tower, once on the tower top we can better evaluate what will be required.
EXHIBIT PAGE OF
,!)flew side mount bracket to replace the existing hardware, if needed.
NOTE: Bidder shall include a separate quote for this hardware. If it is found not to be
required, it will to be deducted from the final quoted amount of the job.
4. (1) sway brace device to support the side mounted antenna.
S. Inspect tower as work is being done and remove unused mounting hardware, cables,
ties, etc.
NOTE: We strongly- suggest that each bidder make an on -site inspection of Rose View
Transit grounds location, for evaluation of required tower work.
PLEASE PROVIDE THE FOLLOWING INFORMATION WITH YOUR BID
ALONG WITH COST:
1.) Earliest date available to begin project. PocJ-
2.) Length of time to complete project. / 7'"a OAys'• /t= No /0,,947-5 /VEER D/?/J,FRED
3.) Guarantee information. J yiFnRS onJ /4EPe,6'7WX Ptio `7o40CFR /- Min
4.) Current certificate of insurance containing the attached limits and naming the City
of Richmond as the certificate holder.
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Phone Number
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Contact Person
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Date