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HomeMy Public PortalAbout052-2022 - Bader Mechanical - fiber optic work AGREEMENT THIS AGREEMENT made and entered into this day of prio v--, I , 2022, by and between the City of Richmond, Indiana, a municipa corporation actirtg by and through its Board of Sanitary Commissioners (referred to as the "City"), and Bader Mechanical, Inc., 110 West Main Street,Richmond,IN 47374(hereinafter referred to as the"Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for on-call fiber optic service and repair work for a period ending December 31, 2022, with an option to renew for year two (2), and year (3) with the term of year (3)ending on December 31, 2024. A Request for Quotes has been made available for inspection by Contractor, is on file in the office of the Department of Sanitation for the City of Richmond, 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". 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 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 at the rates indicated in Exhibit`B" in an amount not to exceed Fifteen Thousand Dollars and 00/100 ($15,000.00). SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue in effect until to an including December 31, 2022 with an option to renew for two (2) additional years with the expiration of the third (3rd) year ending on December 31, 2024, unless the parties extend this Agreement by a written and signed Addendum. The Agreement shall automatically be renewed each year, unless, by written notice more specifically set forth in this Section below, is 1 I Page Contract No. 52-2022 issued by either party to the other. 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(30)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 $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $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. Malpractice/Errors &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 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 3 I Page 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 IC 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: 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 X. RELEASE OF LIABILITY 4 I Page 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 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. 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. [The remainder of this page intentionally left blank. Signatures to follow on page 6]. 5 I 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. "CITY" "CONTRACTOR" The City of Richmond, Indiana,by and Bader Mechanical, Inc. through its Board of Sanitary Commissioners Oe-LA, ...,2), sAL /L By: ue Miller, President (Printed): ) ALM �. Printed : )-.)..)2. Dated: /13`a17 Title:PctS ipl 1A 1- a , Vice President r�5,� Dated: 7 Dated: 3/2 /2vX2- St ns, Member Dated: Li �/2 " APPROVED: <Da . no a: Dated: 04 i q �� 6 I Page P ICE '' EQUEST 414 '••o CITY OF RICHMOND DEPARTMENT OF SANITATION 2380 LIBERTY AVENUE.RICHMOND,INDIANA47374 THIS IS NOT /!, AT ORDER PHONE(765)983-7450oFAX(765)962-2669 THIS 9 J1 ��I! L AN\i l� 1Q. VENDOR INSTRUCTIONS This is a request for a price for the services of 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 and phone number below with signature; itemize all prices and charges where 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 administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: January 18,2022 9:O0AM on February 8, 2022 UPON RECEIPT OF INVOICE DELIVERED DESLKIPTION This is a price request for ON-CALL FIBER OPTIC SERVICE/REPAIR WORK AT THE RICHMOND SANITARY DISTRICT. The period of Service will be from signing of Contract to December 31,2022 with the option to renew for year two(2023)and year three(2024)at the same cost ending December 31,2024. PLEASE.ENTER ALL INFORMATION ON.ATTACHED_PROPOSAL SHEET. Richmond Sanitary District Board of Commissioners 2380 Liberty Avenue Richmond, IN 47374 Re: On-Call FIBER OPTIC Service/Repairs Work Please include Certificate of Insurance with Quote. Quote Valid Until Questions? Call Mike Clark at 765-983-7452 or Jeff Lohmoeller at 765-983-7464. NAME OF FIRM QUOTING: BY: STATE TAX EXEMPTION#003121909-001 AUTHORIZED 9Y SIGNATURE AA TITLE A Richmond Sanitary District DATE PHONE NUMBER EXHIETT TABULATION On-Call Fiber Optic Repair and Service Work for Richmond Sanitary District 2022, Option to renew 2023 & Option to renew 2024 NAME OF CONTRACTOR ADDRESS CITY/STATE • CERTIFICATE OF INSURANCE INCLUDED (must meet the City of Richmond,IN requirements) YES NO • E-VERIFICATION FORM FILLED OUT: YES NO • IRAN INVESTMENT: YES NO 2022 Signing of Contract to December 31,2022 Regular Hours 7:30am to 4:30pm Rate per Hour$ O/T$ Weekend Rate—Saturday Rate per Hour$ Sunday Rate per hour$ Holiday Rate— Rate per Hour$ 2023 Signing of Contract to December 31,2023 Regular Hours 7:30am to 4:30pm Rate per Hour$ O/T$ Weekend Rate—Saturday Rate per Hour$ Sunday Rate per hour$ Holiday Rate— Rate per Hour$ 2024 Signing,of Contract to December 31,2024 Regular Hours 7:30am to 430pm Rate per Hour$ O/T$ Weekend Rate—Saturday Rate per Hour$ Sunday Rate per hour$ Holiday Rate— Rate per Hour$ EXHIBri PAS ®� .� ARTICLE F INSTRUCTIONS TO BIDDERS INDEMNIFICATION,INSURANCE,AND PROTECTION OF LIVES AND PROPERTY F.1 INDEMNIFICATION F. 1.1 The contractor shall indemnify and hold harmless the City of Richmond and its officers and employees from and against all claims,damages,losses,expenses,including but not limited to attorney's fees,arising out of or resulting from the performance of the contract,provided that any such claim,damage,loss or expense(a)is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than goods,materials and equipment furnished under this contract)including the loss of use resulting there from,and(b) ' is caused in whole or in part by any negligent act or omission of the contractor,any subcontractor,or anyone directly employed•by any of them or anyone for whole acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. . .12 In any and all claims against the City or any of its officers or employees by any employee of the contractor,any subcontractor,anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,the indemnification obligation under this paragraph G. 1 shall not be limited in any way by any limitation of the amount or type of damages, • compensation or benefits payable by or for the contractor or any sub-contractor under worker's or workmen's compensation acts,disability benefit acts or other employee benefit acts. F.2 WORKER'S COMPENSATION INSURANCE F.2.1. For contracts involving performance of work pursuant to the provisions of Indiana Code IC 22- 3 2-14(a)bidders are required to furnish a certificate from the Indiana Worker's Board showing that such bidder has complied with IC 22-3:•2-5,22-3-5-1 and IC 22-3-5-2. R3 INSURANCE F.3.1 The Contractor shall,as prerequisite to this Agreement,purchase and thereafter maintain such insurance as will protect him 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 who directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable. • F.3.1 (can't) • 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 $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 $2,000,000 each aggregate F. Malpractice/Errors&Omissions $1,000,000 per claim • • • Insurance $2,000,000 each aggregate • MINT PAG2 q OF • • E-Verify Requirements: Definitions: • ' E-Verify Program—A electronic verification of work authorization program of the Illegal . Immigration Reform.and Immigration Responsibility Act-of 1996(P.L. 104-208),Division C,Title IV,s.403 (a),as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986(P.L. 99-603). • No performance of seivices shall commence until the following has been met: • 1. The City'is in receipt of any required certificates of insurance; 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. Gn pppdniinnliHU GnginTrion U I7 Ursu artannAUHHunannnartripunnnta rinH HHU ti HU fi Hu ti nddH[iHUUUH G I1 G U Hn Un C Hn Q Gjq COMPLIANCE WIT INDIAyA E" APROGAtW 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 the 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(a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty(30)days after the City notifies the Contractor of the violation. If the 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 orpublic 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. Iir PGA . Affidavit of Employment Eligibility Verification • • The Contractor, , affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If.Contractor is self-employed and does not employ any employees, Contractor verifies he or she is'a United States citizen or qualified alien,_ The Contractor has not knowingly employed or contracted with an.unauthorized alien and shall not retain,an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. • The Contractor has required Contractor's subcontractors to certify to.the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the • subcontractor has enrolled and is participating in the E-Verify program. The Contractor, will maintainthis certification throughout the duration of the term of a contract with a subcontractor, I hereby verify under the penalty of perjury that the foregoing statement is true. • Dated this , day of ,20 • • • (signature) • (printed name) 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 wifhin which to respond to the written notice. In the event Contractor fails' to demonstrate to the City that the Contractor has ceased inves ttuent 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 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. • • • • • • • • • • • • • PAL GF- 173 n IBSUJST A CITY OF RICHMOND DEPARTMENT OF*SANITATION 2380 LIBERTYAVENUEORICHMOND,INDIANA47374 THIS Tf S NOT A Ta,r ORDER PHONE(765)983-7450oFAX(765)962-2669 !l Il t1 4 tl J�t JL 1�l�`J lei✓l,8® VENDOR INSTRUCTIONS This is a request for a price for the services of materials described below. Any additional specifications may be Bader Mechanical Inc. attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. 11 W. Main Please complete your full name and phone number below with signature; itemize all prices and charges where Richmond IN 47374 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 administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: January 18,2022 . o,0DF.M,,,I Fehri�a��r R 2022 UPON RECEIPT OF INVOICE DELIVERED DESCIIPTION This is a price request for ON-CALL FIBER OPTIC SERVICE/REPAIR WORK AT THE RICHMOND SANITARY DISTRICT, The period of Service will be from signing of Contract to December 31,2022 with the option to renew for year two(2023)and year three (2024)at the same cost ending December 31,2024. • PLEASE ENTER ALL INFORMATION ON ATTACHED PROPOSAL SHEET. Richmond Sanitary District • Board of Commissioners 2380 Liberty Avenue Richmond,IN 47374 Re: On-Call FIBER OPTIC Service/Repairs Work Please include Certificate of Insurance with Quote. Quote Valid Until 94-2O22 Questions? Call Mike Clark at 765-983-7452 or Jeff Lohmoeller at 765-983-7464. NAME OF FIRM QUOTING: &GG11er J ech ti ee,f BY1SI-- STATE TAX EXEMPTION#003121909-001 AUTHORIZED BY SIGNATURE ( CeS/o�2�� TITLE .6 a1�laa Richmond Sanitary District DATE PHONE NUMBER EXHIBllT PGA, _ / T TABULATION On-Call Fiber Optic Repair and Service Work for Richmond Sanitary District 2022, Option to renew 2023 & Option to renew 2024 NAME OF CONTRACTOR ?Ur ne eh it<CA( .Ln e. ADDRESS HHO . /"1 a: S . CITY/STATE 'Rickel 0 vi 01 , IN 7 3)�I 0 CERHEICATE OF INSURANCE INCLUDED (must meet the City of Richmond,IN requirements) YES 1 NO 0 E-VERIFICATION FORM FILLED OUT: YES . NO o IR.AN INVESTMENT: YES NO i 2022 Signing of Contract to December 31,2022 410 Regular Hours 7:30am to 4:30pm Rate per Hour$ / 1 O/T$ ;pi r a a o Weekend Rate—Saturday Rate per Hour$ �!o e" Sunday Rate per hour$ /66 .Holiday Rate— Rate per Hour$JO� . 2023 Signing of Contract to December 31,2023 • l� Regular Hours 7:30am to 4:30pm Rate per Hour$ 7/ O/T$ SG Weekend Rate—Saturday Rate per Hour$6G nn Sunday Rate per hour$ 1D 6 00 0 Holiday Rate--- Rate per Hour$ /e6 0 2024 Signing of Contract to December 31,2024 Regular Hours 7:30am to 4:30pm Rate per Hour$ /pi— O/T$ 5/ Weekend Rate—Saturday Rate per Hour$ e 7's Sunday Rate per hour$ Holiday Rate— Rate per Hour$ J07°f' • • • ARTICLE F INSTRUCTIONS TO BIDDERS • INDEMNIFICATION,INSURANCE,AND PROTECTION OF LIVES AND PROPERTY F.1 INDEMNIFICATION F. 1.1 The contractor shall indemnify and hold harmless the City of Richmond and its officers and employees from and against all claims,damages,losses,expenses,including but not limited to attorney's fees,arising out of or resulting from the performance of the contract,provided that any such claim,damage,loss or expense(a)is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than goods,materials and equipment furnished under this contract)including the joss of use resulting there from,and(b) ' is caused in whole or in part by any negligent act or omission of the contractor,any subcontractor,or anyone directly employed by any of or anyone for whole acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. .':F. 1.2 In any and all claims against the City or any of its officers or employees by any employee of the contractor,any subcontractor,anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,the indemnification obligation under this paragraph G. 1 shall not be limited in any way by any limitation of the amount or type of damages, • compensation or benefits payable by or for the contractor or any sub-contractor under worker's or worlonen's compensation acts,disability benefit acts or other employee benefit acts. F.2 WORKER'S COMP.BNSATION INSURANCE F.2.1• For contracts involving performance of work pursuant to the provisions of Indiana Code IC 22- • 3 2-14(a)bidders are required to furnish a certificate from the Indiana Worker's Board showing that such bidder has complied with IC 22 3=2-5,22-3-5-1 and IC 22 3-5 2. F3 INSURANCE • F.3.1 The Contractor shall,as prerequisite to this Agreement,purchase and thereafter maintain such insurance as will protect him 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 who directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable. . � F.3.1 (con't) 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 $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 B. • Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate P. Malpractice/Birors&Omissions $1,000,000 per claim Insurance $2,000,000 each aggregate • • EXHIBIT PAGE_ l ,a ., • • • • E Veril y Requirements: • • Definitions: ' • • E•.Verify Program—A electronic verification of work authorization program of the Illegal • Immigration Reform and Tmmigration Responsibility Act-of 1996(P.L. 104-208),Division C,Title • IV,s.403 (a),as amended,operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Tmmigration Reform and control Act of 1986(P.L. 99-603). • No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; • 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. Ha aaa aaaa a aaa4aasaaana[ia m1anismaa aUUUnaaa a aaamaa aHa rt aamaa aamma atlAnasaU a a an a a a a a a a A a]a a a9 COMPLIAVCEYJT1W INDI91A E-VU IODjFROG-RA.1i 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 Ver ify program. Contractor • is not required tp verify the work eligibility status or all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana.E Verify program rio longer exists. Prior to the performance of the 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(a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty(30)days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty(30) day period provided ahoy;the City shall consider the Contractor to be in breach of this Agreement-and this Agreement will be terrornated. 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. • • • • Affidavit of Employment Eligibility Verification • The Contractor, Eadl c r f 1 eC G.�,ck)I „e., PfHTMS under the penalties ofperjuuy that Contractor does not knowingly employ an unauthorized alien. If,Contractox is self-employed and does not employ any employees, Contractor verifies he or she is'a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall . not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor Through the Indiana E- Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contact with an unauthorized alien and that the . subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification Throughout the duration ofthe term of a contract with a subcontractor, I hereby verify under the penalty of perjury that the foregoing statement is true. • Dated this,2„ol, day of 1e6FNc.r , • 1 • signature) / ck m C. b tJZ.e. (printed name) • i AN INVESTIVIENT 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 daring the course ofthic Agreement that this certification is no longer valid and said detkminationis not refuted by Contractor in the manner set forth 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. .. BADER-1 OPJALEE �Zr.:SI [COs DATE(101/DD/YYYY) �— CERTIFICATE OF UUA lhIJTY INSURANCE 0 M!DD 22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NQ RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E)S1'END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES P ',OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terrps and conditions.Qf the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the cert)ficate holder In Iiau;ofsuch endofsement(s).. IODUCER 765-962-9502 C°141E:C7 Timothy L'1VII(ler 1RRINGTON-HOCH,INC PHONE 765-962-9502 FAX 765-962,9606 26 EAST MAIN STREET (NC, o,Ext): I(NC,No): CHMOND,IN 47374 Ritass,tmills@harringtonhoch.com INSURER(S)AFFORDING COVERAGE NAIC II INSURER A:Grange Insurance Company 14060 ' SURE INSURER B: .der mechanical Inc am Duke INSURERC: 3 W Main Street INSURER D :hmond,IN 47374 INSURER E: INSURER F: OVERAGES CERTJFICATE NUMBER; REVJ ION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R ADDL SUER POLICYVYY OFF POLICY XP TYPO OF INSURANCE ' INSD WVD POLICY NUMBER (M 1/9131YI (MJ. Dp j LIMITS , X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE n OCCUR CPP 2848353 01/01/2022 01/01/2023 PRFMIG,SESEs occcTurrence! $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 _ POLICY n E' LOC PRODUCTS-COMP/OP AGG $ 2,000,000 , OTHER: $ TOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 _ (Fa accident) $ X ANY AUTO CA 2848354 01/01/2022 01/01/2023 BODILY INJURY(Per person) $ — —_AUTOS ONLY SCHEDULED A�RREE o aV�/ �p BODILY INJURY(Per accident) $ A &ONLY _ AUTOS ONNE& rI Oe ciEUW MACE $ UM I UIIVi s 1,000,000 . X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS-MADE CUP 2848356 01/01/2022 01/01/2023 AGGREGATE $ 6,000,000 DEO X RETENTION$ 0 $'' WORKERS COMPENSATION X SATUTF F°R YIN WCP 2848355 01/01/2022 01/01/2023 H- ' AND EMPLOYERS'LIABILITY 1,000,000 ANYNp PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ (Mandatory ZI EXCLUDED? N/A IVti) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UM)T ,$ SCRIPTION OP OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) X to:765-962.2669 ERTIFICATE HOLDER CANCELLATION RICHM06 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Richmond Sanitary District ACCORDANCE WITH THE POLICY PROVISIONS. • 2380 Liberty Avenue Richmond,IN 47374 - AUTHORIZEDREPRESENTATIVE AI - ©1988-2015 ACORD CORPORATION. All rights reserved. ;ORD 25(2016/03) � g The ACORD name end lone era realefered marks of ACORD