HomeMy Public PortalAbout132-2019 - Sanitary - Safety Tech - Fire Supression SystemAGREEMENT ORIGINAL
THIS AGREEMENT made and entered into this day of &,L,.j, _ ,� , 2019, by
and between the City of Richmond, Indiana, a municipal corporatiodacting by and through its
Board of Sanitary Commissioners, with its office at 50 North 5t' Street, Richmond, Indiana,
47374 (hereinafter referred to as the "City") and Safety Tech, Inc., P.O. Box 616, 30 East 7t1'
Street, Lapel, IN 46051 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORD
City retains Contractor for the inspection, cleaning and testing on an annual and semi-annual
basis of Halon 1301 Agent fire suppression system and our building fire alarm system for the
Wastewater Treatment Plant.
City sent a Request for Quotes on or about June 24, 2019, seeking quotes for the inspection,
cleaning and testing on an annual and semi-annual basis of Halon .13 01 Agent fire suppression
system and our building fire alarm system for the Wastewater Treatment Plant.
The response of Contractor, dated July 17, 2019, is contained in Exhibit "A", which Exhibit "A"
is attached hereto and incorporated herein by reference and made a part of this Agreement.
The Contractor shall furnish all services necessary for the proper completion of all work
specified.
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.
SECTION H. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond.
SECTION III. COMPENSATION
City shall pay Contractor in an amount not to exceed one Thousand Two Hundred Forty --Five
Dollars and No Cents ($1,245.00), for three (3) years, beginning September 1, 2019 and through
August 31, 2020 for year one, September 1, 2020 and through August 31, 2021 for year two and
September 1, 2021 and through August 31, 2022 for year three, for a total payment under this
Agreement from City to Contractor in the amount not to exceed Three Thousand Seven Hundred
Thirty -Five Dollars and No Cents ($3,73 5.00).
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective September 1, 2019 and shall continue in effect until August 31,
2022, at which time this Agreement shall terminate.
Contract No. 132 -- 2019
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 thirty (3 0) 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. 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 $10000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$ 2, 0 0 0, 0 0 0 aggregate
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
E. Comprehensive Umbrella Liability
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$1,000,000 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. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1--105 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 5-16-64, 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 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;
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 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 IX. 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 which may arise in the course of Contractor's performance of
its obligations pursuant to 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.
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.
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 and that such authorization
has not been revoked or rescinded.
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 ]hoard of Sanitary Commissioners
Sue Miller, President
Ama i, ice President
re
bated:
S ' ns, Member
APPROVED:
David- ow, May
/ - -, r /'
Dated: O l 9
"CONTRACTOR"
SAFETY TECH, INC.
Name
Title
Dated:
GafetyTech,
Inc. Quote 190630JH2
P.O. Box 616
30 East 7th Street
Lapel, IN 46051
765-534-4309 24hour
765-534-2000 Fax
June 30, 2019
CITY OF RICHMOND
2380 Liberty Avenue
Richmond, IN 47374
Attn: Jeff Lohmoeller
Subject: Richmond Sanitary District Halon 1301 Fire Protection and Fire Alarm Systems Service
Inspections
Dear Mr. Lohmoeller,
We at SafetyTech, Inc. -are pleased to provide a quotation for the HaIon 1301 Agent Fire
Suppression System and Building Fire Alarm System Service Inspections at the Richmond
Sanitary District. The system components will be inspected, cleaned and tested in strict
accordance with the guidelines and code requirements set forth by the National Fire Protection
Association and Equipment manufacturer. Systems inspected will be the Lab Building HaIon
1301 Suppression System (2x per year), MERF Building and IPB Building (including all
connected buildings) at the Richmond Sanitary district. Monitoring of the fire alarm system by our
Central Station will be included. Pricing based upon a 3 year maintenance agreement.
Price:
Annual Service Visit:
A Lab Halon 1301 Service/inspection: $255
All Fire Alarm Systems Servicell nspection: $350
A Total Annual: $605'
Semi -Annual Service Visit:
Lab Halon 1301 Service/inspection: C_$
320
x Total Annual: 64❑
Yearly Cost: Eii245 per year
Monitoring:
Analog: $251month
GSM: $351Month
Fire Extinguisher Annual: $4.751Fire Extinguisher
Emergency Service request are invoiced on a time plus material basis at our current contract
rates as follows:
ccous..0 deg �irifeTMance=l'acka e` r,
=Sfandarai L-aor Rafe For A nt n r Ma n z
Standard Rate: 8:00 a.m. through 5:00 p.m. Monday through Friday
$80.00 per hour, per technician (Labor & Travel)
$40 Truck Charge
Premium Rate: After-hours, nights, weekends and holidays
$120.00 per hour, per technician (Labor & Travel)
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$40 Truck Charge
We at SafetyTech, Inc. will do what is necessary to exceed all your expectations.
Thank you for the opportunity,
Jason Hight
SafetyTech, 1 nc.
T: 765--534-2000
C: 765-617--1858
e-mail: jhightAsafetytech.us
Board Aund a Item„
July 23, 2019
To: Board of Sanitary Commissioners
From: Jeff Lohmoeller� �i-
Date: July 23, 2019
Re: Recommendation for Safety Tech
Madam President and Board Members,
Background:
Safety Tech Inc. of Lapel, Indiana is the vendor who installed and monitors our Fire Protection
and Fire Alarm System here at the Wastewater Treatment Plant and at our Landfill on New Paris
Pike. They have done this since 2013.Safety Tech services and maintains our Halon System in
our Lab Building and Flammable Storage Building at the Landfill. Safety Tech also services and
maintains our Sprinkler System at the Solid Waste Garage and all of our Fire Alarm Panels here
at the Wastewater Treatment Plant and Landfill. I was told by our purchasing Director that we
need to have a contract with Safety Tech for these services. I asked Safety Tech to quote me on
these services. Their quotes are based on a 3-year maintenance agreement. Quotes are attached.
Recommendation:
I recommend that the board approves Safety Tech of Lapel, IN to continue the Inspection and
Cleaning and Testing of our Sprinkler, Fire Alarm and Flammable Storage Building at the New
Paris Pike Landfill. The Annual and Semi Annual service visits for the Fire Alarm/Sprinkler and
Flammable Storage Building is $SSO.00 per Year based on a 3=year}mainteT�ance`agre ment,
l recom end that � . the bord aPProve SafetY Teclf toroHnnue he Inspection, Cleaning and"
Testing of our Halon 1301 Agent Fire Suppression System and our Building Fire Alarm Systemrf
for the Wastewater Treatment Plant. The Annual and Semi Annual service costs for this is__._- �
.$1,245._Nper year based ova 3year maintenance agreement-: �.A�-..
I recommend. tha the board approves YSafety T ce ho inspect our Fire Extinguishers at the cost of
$4.75 per unit, we have 89 fire extinguishers throughout the Sanitary District. This inspection
does not include hydrostatic testing or filling a discharged fire extinguisher. For this service I
recommend a not to exceed cost of $1,922.75 for this service. (89 x $4.75 = $422.75 then $1,500
for any hydro testing or servicing of the fire extinguisher.)
Board Action:
ewr4 ;4� G S 6�3
The Board of Sanitary Commissioners of the Sanitary District of Richmond, Indiana, met in regular
session in the Board Room of the Richmond Sanitary District Building, 2380 Liberty Avenue,
Richmond, Indiana, on Tuesday, July 23, 2019 at 10:00 A.M.
Those present were Sue Miller- President, Aman Bakshi-- vice -President, Greg Stiens-- Board
Member, Bryan Ervin-- Director, Elijah Welch-- Assistant Engineer, Emily Palmer-- City Controller,
Denise Johnson- Customer Service Manager, Jeff Lohmoeller-- WWTP and Maintenance Manager,
Walt Chidester-- Assistant City Attorney, Jessica Foster-- Assistant Recording Clerk, Pat Smoker -
Plant Superintendent, Todd Hobson- wWTP operator, Tim Orrill- RSD Lab Supervisor, LuAnne
Holeva- Conservation. Education Coordinator, Allison Bolser-- Conservation Education Intern,
G101.3 and WCTV.
Item number 1, Approval of Board Minutes from July 9, 2019, was tabled until a future meeting.
The next order of business was to approve board minutes from the June 11, 2019 meeting. Mr.
Bakshi made a motion to approve the minutes from the June 25, 2019 meeting. Mr. Stiens seconded
the motion. The motion passed 3 -0.
The next order of business -was to approve the invoices. The invoices were in the total amount of
$'115,033.14, covering July 5 & 12, 2019. Mr. Stiens made a motion to approve the invoices. Mr.
Bakshi seconded. The motion passed 3-0.
C
Mr. Ervin stated that a budget workshop would be held in the first part of August so that the
Sanitary District would be ready by August 21, 2019 deadline. He stated that he will send out a
communication to determine dates and times for the workshop.
The next order of business was the recommendation to approve Change Order No. 1 to Contract No.
177-2018 for Tub Mechanics Truck, The change order requests an additional $9,236.00 to install. a
Kubota diesel AirNArc compressor and welding unit in place of the gas driven unit for the tub
mechanics truck. Mr. Bakshi made a motion to approve Change order No. 1 to Contract No. 177-
2018 for an additional $9,236.00 to install a Kubota diesel AirNArc compressor and welding unit to
the tub mechanics truck. Mr,'Stiens seconded the motion. The motion passed
1 t•;.•JA,;r:r^"tin =:.r- - .i•ti - r-'=-'':r' -
�f The--ii6xt-ok-"er of business was the recommendation toR'enterto agreement vith Safety Tech far1
Fire Alarm, Sprinkler and Flammable Storage Inspections. This agreement would be based on a
three year maintenance agreement and would include semi--annual.-and_annigI inspections at -the
New Paris Peke Landfill at the cost of $550.00 per year and the.-astewater-Treatment Plant -at he
r-cos of $1,245.00 err year. This agreement would also include the inspection, hydrostatic testing
"and servicin of over 80 fire ext* 'shers and the Sanitary District building at the cost of $1 922.75
g � g
3
' per year. Mr. Stiens made a motion to enter into contract with Safety Tech Incorporated of Lapel,
Indiana, for the fire protection and fire alarm systems at the New Paris Pike Landfill, Wastewater
a,! Treatment Plan and the Sanitary District as presented. Mr. B akshi seconded the motion. The motion
'-aassed 3 -0 - r
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4\ ..Y-." ' r L-.��1�'a s ..dva .k i l":L � •.;:,t,C ..
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The next order of business was the recommendation to enter into agreement with Safety Tech for
Security Camera Installation. The security cameras would be installed at the New Paris Pike
Landfill and the Solid -Waste Garage. Mr. Lohrnoeller met with representatives from both Koorsen
0)
Fire & Security and Safety Tech and received quotes for the installation and monitoring at both
locations. Safety Tech was the lowest responsible and responsive company to quote. The camera
installed at the WWTP would interface with the existing system and the cameras installed at the _
Landfill would run on their own 8 channel NVR, record 2417, and also include a hard drive with
remote viewing software. Mr. Bakshi made a motion -to enter into contract with Safety Tech
Incorporated of Lapel, Indiana, for the installation and monitoring service of security cameras at the
WWTP and Landfill locations at the cost of $6,095.00. Mr. Stiens seconded the motion. The motion
passed 3-0.
The next item of business was to enter into contract with KS State Bank for Financing of
Lease/Purchase with Southeastern Equipment. Mr. Lohmoeller clarified that this contract for six
residential trash trucks was previously approved by the board and that the contract had been
prepared for signatures. No action was taken.
The next order of business was a recommendation to enter into contract with Brenntag Mid --South
Inc. for Supply of Polymer and Dosage Requirements. Mr. Smoker recommended to enter into
contract with Brenntag Mid --South Inc. at the cost of $15,000.00 for a temporary period from the
start-up of the new rotary drum thickener machine on August 1, 2019 through December 31, 2019.
Brenntag would supply polymer and expertise regarding dosage and strain, which would allow RSD
to make any adjustments to dosage or polymer strains and refine requirement specifications before
entering into any long term contracts. At the end of the year, RSD will have the necessary
specifications and will send out bid requests to polymer suppliers for a yearly contract. Mr. Stiens
made a motion to enter into contract with Brenntag Mid --South Inc. for the supply of polymer and
expertise regarding dosage and strain during a short experimental period from the start-up of the
new rotary drum thickener on August 1, 2019 through December 31, 2019, at the not -to --exceed cost
of $15,000.00. Mr. Bakshi seconded the motion. The motion passed 3--0.
The next order of business was the discussion of Bond Refunding. Mr. Welch recommended
refunding and refinancing Richmond Sanitary District's original bond service to access a lower
interest rate. Mr. Welch stated that. with the new proposed debt structure, RSD would save around
$70,000.00 per year for the next 1 I years, which would produce roughly $784,499.72 in savings.
This savings would be a result of the interest rate of the old bonds -compared to the interest rate of
the new bonds. Ms. Miller clarified that this is not an increase in any bond and that the new bonds
will be issued in the amount to cover only the refunding of the original bond service, which has
been in Richmond Sanitary District's budget since 2009. This will allow RSI) to refinance with a
lower interest rate and will still be eliminated on the same schedule as they would have been with
the original bonds, Mr. Bakshi made a motion to proceed with the .refunding of the 2009E bonds
and subsequent refinancing for a potential savings of $784,499-72. Mr. Stiens seconded the motion.
The motion passed 3 -0.
The next order of business was the Project Status Update. Mr. South gave an update to the Board on.
the Sanitary District's current projects.
The next order of business was a report from LuAnne Holeva, Conservation Education Coordinator
for the Richmond Sanitary District, Wayne & Union County Soil & Water Conservation District,
and the Wayne & Union Solid waste Management District. Ms. Holeva gave an update on various
projects and events she has overseen and will continue to oversee, as well as an overview on her
varying job duties.
41
The next order of business was the recommendation to proceed with the rehab of an 800
horsepower motor through Brehob. Mr. Lohmoeller stated that one the 800 HP motors at the
WWTP shut down due to excessive vibration and will not operate. The blower motors are necessary
for the treatment of wastewater, which is monitored by RSD and IDEM, and has to meet specific
dissolved oxygen limits as part of the NPDES permit. Mr. Lohmoeller contacted Brehob to pick up
and inspect the motor, and recommended going forward with Brehob to allow them to repair, install
and laser align the motor to blower. Mr. Stiens made a motion to enter into agreement with Brehob
Corporation of Indianapolis, Indiana, for the rehabilitation and installation of an Boa HP motor at
the cost of $19,03 0.00 with an additional 20% contingency. Mr. Bakshi seconded the motion. The
motion passed 3-0.
With no further business. Mr. Bakshi made a motion to adjourn the meeting. Mr. Stiens seconded
the motion. The motion passed 3-0. The meeting adjourned at 11:08 A.M.
Jessica Foster, Assistant Recording Clerk Sue Miller, President