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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 1 Page 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 2 1 �: - g c 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 3 1 F a ,c- 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. 5 1 Page 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. klffY„ The City of Richmond, Indiana, by and through its Board of Sanitary Commissioners Dated: �� Z b 116 APPROVED: w Dated: C-1 "CONTRACTOR" Hurst Technical Services, Inc. i Title: Dated: T' 61 Page 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 P ++ do Y 0 0 � I w 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 r. TITLE i DATE PHONE NUMBER r f Date: Januaty 22, 2016 To: All Bidders From: Jeff Lohmoelle41-1 r 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.