HomeMy Public PortalAbout019-2016 - Sanitary - First Technical Services - Instrumentation and Control Systems Maintenance - TreatmentORIGINAL
AGREEMENT
THIS AGREEMENT made and entered into this A day of U.-1 i , 2016, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Sanitary Commissioners (referred to as the "City"), and Hurst Technical Services, Inc., 7530
DiSalle Avenue, Fort Wayne, Indiana 46825 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide instrumentation and control systems maintenance for
the City's wastewater treatment .facility, which shall include field instrumentation in all areas, but
not limited to, control room instruments, process control computers, Iift stations, and equipment
calibration.
A Request for Quotes dated January 14, 2016 has been made available for inspection by
Contractor, is on file in the office of the Department of Sanitation for the City of Richmond,
consisting of three (3) typewritten pages, which is attached hereto and incorporated by reference
herein as Exhibit "A".
The response of Contractor to said Request for Quotes is attached hereto and incorporated by
reference herein as Exhibit "B", consisting of two (2) typewritten pages.
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 11. 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 at the rates indicated in Exhibit "B" in an annual amount not to exceed
Forty-four Thousand Three Hundred Fifty-two Dollars and 00,1100 ($44,352.00) for Year One (1)
of the Agreement; an annual amount not to exceed Forty-four Thousand Nine Hundred Twenty-
eight Dollars and 00!100 ($44,928.00) for Year Two (2); and an annual amount not to exceed
Forty-five Thousand Five Hundred Four Dollars and OOi100 ($45,504.00) for Year Three (3) of
the Agreement. There shall be no charge for telephone consulting services.
Contract No. 19-2016
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SECTION N. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall continue
in effect until in effect to an including February 28, 2019 unless the parties extend this Agreement
by a written and signed Addendum.
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 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;
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 ninety (90) 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. City agrees to indemnify Contractor for any
damage or injury to person or property or any other claims which may arise from the City'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 City liable for acts of
the Contractor, 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
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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 S 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
$1,000,000 aggregate
F. MalpracticelErrors & 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 taw, 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 Iaw, 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 Iater than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
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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 1C 5-22-16.5, the Board 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:
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;
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;
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. 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
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.
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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.
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The City of Richmond, Indiana, by and through
its Board of Sanitary Commissioners
Dated: �� Z b 116
APPROVED:
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Dated: C-1
"CONTRACTOR"
Hurst Technical Services, Inc.
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Title:
Dated: T'
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CONTRACT REQUEST FORM
I. Date contract needed (Clerk or agenda deadline): 02/12/2016 Date Submitted to Law*:02/09/2016
2. Board/Commission that will approve contract Board of Sanitary Commissioners
3. Has bid been awarded? Yes Date awarded or expected: 02/09/2016
4. Is this a Common Construction Wage Project? NIA
5. Brief description of work to be performed or supplies to be furnished:
Instrumentation and Controls System
6. Name and address of Contractor to be retained: Hurst Technical Services, Inc.
7530 Disalle Boulevard # 100
Fort Wavne, IN 46825
7. What method was used to request bids? (check one)
Request for Proposals (RFP) X Request for Quotes (RFQ)
Bid Specifications State Quantity Purchase Agr. Bid (QPA)
8. What date was the Bid Speciflcation/RFP/RFQ/QPA sent out or requested? January 14. 2016
9. Date of Contractor's Response/Proposal/Bid. January 26.2016
10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes -
11. In what office are the Bid Specifications/RFP/Bid lists on file Aith the City? Sanitary District
12. Attach Contractor's response unless longer than ten (10) pages. If longer than ten (10) pages, in what
office is Contractor's response filed?
13. Amount to be paid to Contractor 2016 - $44,352.00, 2017 - $44,928.00 and 2019 - $45.504.00 annually
Term of Contract: March 1.2016 thru February 28.2019
14. Any other relevant information:
15. Submitted By. Department: Sanitation
*Please complete and return, along with all attachments or exhibits, at least one (1) weelc before the
contract is needed for its Agenda deadline.
Exhibit A
March 2009
PRICE ROUES
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CITY OF I MMOND
DEPARTMENT OF SANTfAT(ON
23M LIBMTYAVENUFAUCWOM, IMIANA 47374
PHONE (765) 983-7450m AX (765) 962-2669
1. THIS IS NOT AN ORDER
VENDOR INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
Hurst Technical Services, Inc. attached hereto. This is NOT an order and the City reserves
the right to accept al! or part: or decline the entire proposal.
7530 Disalle Boulevard # 100 Please complete your full name and phone number below
with signature: Itemize all prices and charges where
Fort Wayne, IN 46825 requested: and attach any explanation for any substitution to
specifications altered. Return In a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
the admfnistration building at the address above by the
specified date and time to be considered.
DATE: REPLY MUST BE IN BY: PAYMENT TERMS: I DELIVERY REQUIRED:
JANUARY 14, 2016 10:00 AM, JANUARY 26, 2016 UPON RECEIPT OF INVOICE DELIVERED
This is a request for quotes, valid for Three Years (starting approximately March 1, 2016 and ending
February 28, 2019) for Instrumentation and Control System Technical Services. Please see attached
specifications and bid sheet.
Please include a Certificate of Insurance with quote.
Quotes Valid Until: APBrt` .4, zol m
Return this sheet in a sealed envelope addressed to:
Questions? Call Jeff Lohmoeiler, 765-983-7464
STATE TAX EXEMPTION # 003121909-001
Richmond Sanitary District
Richmond Sanitary District
Denise Johnson, Customer Svc Mgr
2390 Liberty Avenue
Richmond, IN47374
RE: Instrumentation & Control System
NAME OF FIRM QUOTING:
M"Air r R ✓ r- c S
BY:
AUTHORIZED BY SIGNATURE
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TITLE
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DATE PHONE NUMBER
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Date: Januaty 22, 2016
To: All Bidders
From: Jeff Lohmoelle41-1
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RE: Instrument & Control System Technical Services
ADDEI NDUM #2
This is "Addendum #1 ". This addendum is in reference to the above -mentioned services,
Please use new Tabulation Sheet Provided in this addendum #2
Please mark Addendum #2 on outside of envelope when returning quote.
ADDENDUM #2
TABULATION
INSTRUMENTATION AND CONTROL SYSTEM TECHNICAL SERVICES
NAME OF CONTRACTOR Hurst Technical Services, Inc.
ADDRESS 7530 DiSalle Blvd.
CITY/STATE Ft. Wayne, Indiana
• CERTIFICATE OF, INSURANCE INCLUDED ( must meet the City of
Richmond, IN requirements)
• E-VERIFICATION FORM TWILLED OUT: YES X NO
• LOCAL PREFERENCE CLAIM: YES NO X
• IRAN INVESTMENT: YES NO X
March 1, 2016 to February 28, 2017
Description Quart ty Unit Cost Total Cost
Technician, scheduled service 576 hrs/yr $ 77.00 j $ 44,352. 00
Technician, emergency onsite service NIA $ 165.00 1hr NIA
*Minimum number of hours charged for emergency onsite service:_ z—}us.
March 1, 2017 to February 28, 2018
Description Quantity Unit Cost Total Cost
Technician, scheduled service 576 hrs/yr $ 78.00 /hr $ 44, 928.00
Teclurician, emergency onsite service NIA $ 165.00 /In. N/A
*Minimum number ofhours charged for emergency onsite service: 2 hrs
Exhibit 8 2
March 1, 2018 to Fcbruoiy 28, 2019
Description Quantity Unit Cost Total Cost
Technician, scheduled service 576 !us/yr $ 79.00 Ihr $ 45, 504. 00
Technician, emergency onsite service N/A $ 170.00 /hr NIA
Winimurn number ofhours charged for emergency onsite service: 2 furs.