HomeMy Public PortalAbout050-2022 - Bader Mechanical - on call electrical services AGREEMENT ORIGINAL
THIS AGREEMENT made and entered into this 2t day of r- I , 2022, by and
between theCity of Richmond, Indiana, a municipal corporation acting 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 electrical 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 Depaitiuent 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 belo ,
is
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Contract No. 50-2022
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
2 I Page
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 mariner 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
By: r� ej
ue Miller, President
f (Printed): 46014 sin K i
Dated:
Title: R-eSrOlcn
Aman Bakshi, Vice President l
G/ —�.5"eV-
Dated-
Dated:
3/ -'1 I.'"
p .tei Member
Dated:
APPROVED:
`Bid 3�I. Sno •a or
Dated: 6 ' /4 2v2Z __
{°. 7 \y PRICE VEQUEST
. yp,
CITY OF RICAMOND
DEPARTMENT OF SANITATION
2380 LIBERTY AVENUE.RICHMOND INDIANA 47374 THIS IS NOT AN ORDER
PHONE(765)983-7450.FAX(765)962-2669
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 A•nnAnn nn Fphrtrant fR:2n22 UPON RECEIPT OF INVOICE DELIVERED
DESCRIPTION
This is a price request for ON-CALL ELECTRICAL 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-ENT ER-ALL INFORMATION'ON ATTACHED PROPOSAL.SHEET.
Richmond Sanitary District
Board of Commissioners
2380 Liberty Avenue
Richmond, IN 47374
Re: On-Call ELECTRICAL 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 BY SIGNATURE
_/_- _,aa �AJ__``. TITLE
944o4n eeL
Richmond Sanitary District DATE PHONE NUMBER
EXHIBIT _ PAM / o F• 1
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 4:30pm Rate per Hour$ O/T$
Weekend Rate—Saturday Rate per Hour$ Sunday Rate per hour$
Holiday Rate— Rate per Hour$
•
•
•
ARTICLE F .
INSTRUCTIONS TO BIDDERS
INDEMNIFICATION,INSURANCE,AND PROTECTION OF LIVES AND PROPERTY
F.I 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 m whole or in part by any negligent act or omission of the contractor,any
subcontractor,or anyone directly employed.by any ofthem 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 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.
F.3 INSURANCE
• F.3.1 The Contractor shall,as prerequisite to this Agreement,purchase and thereafter maintain such
insurance as will protect hint 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. .
• maimPAGE3_ .
•
•
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
•
•
1E Verify Requirements:
•
Definitions: ' ' •
• B-Verify Program—A electronic verification.of Forkprogram of the Illegal
• . immigration.Reform and Immigration Responsibility Act of 1996(P.L. 104-208),Division C,Title
N,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 2215-1..7-11 (a) (2); and • '
3. A purchase order has been issued by the Purchasing Department.
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COMPLIANCE WIT INDIAYA E- IERI RPR®GRAM ItEQUIUMuE TS Pursuantto 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 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.
•
'SMUT UT A paw c
•
Affidavit of Employment Eligibility Verification
•
•
The Contractor, , affams 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-
Veiify 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
maintain this 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 Ibis , day of ,20 •
•
(signature)
(printed name)
•
• 1 .
•
•
•
IRAN JNVESTMENT ACTIVITIES
• Pursuant to Indiana Code (IC) 522-16.5, Contractor certifies that Contactor is not engaged in
investment activities in Iran.In the event City determines during the course of this Agreement that
this certification is no longer valid, City shall notify Contractor in writing of said determination •
and shall give contractor ninety (90) days within which to respond to the written notice. In the
event Contractor fails' to demonstrate to the City that the Contractor has ceased investment
activities in Iran within ninety(90) days after the written notice is given to the Contractor,the City
may proceed with any remedies it may have pursuant to IC 5 22.16.5: In the event the City
determines during the course of this Agreement that this certification is no longer valid and said
determination is not refuted by Contractor in the msnn ex 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.
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CITY OF ,.,'CHM0M)
DEPARTMENT OF SANITATION
2380LIBERTYAVENUEoRIC.HMOND,INDIANA47374 THIS IS NOT AN ®11�1T117C'f{9
PHONE(765)983-7450oFAX(765)962-2669
Jl JL11 JL 1l 1�I 11 1 V ORDER
VENDOR INSTRUCTIONS
This is a request for a price for the services of materials
p� p described below. Any additional specifications may be
Arfl Bader echanic p MC. i attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
110 W. Main I Please complete your full name and phone number below
with signature; itemize all prices and charges where
��;�chm®nd B� n���� I requested; and attach any explanation for any substitution to
9 �h 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:noAfifi nil Fohraiawv 8, 2022 UPON RECEIPT OF INVOICE DELIVERED
DESCRIPTION •
This is a price request for.ON-CALL ELECTRICAL 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 ELEC''/TRICAnL,,Service/Repairs Work
Please include Certificate of Insurance with Quote. Quote Valid Until 7--/-02022 .
Questions? Call Mike Clark at 765-983-7452 or Jeff Lohmoeller at 765-983-7464.
NAME OF FIRM QUOTING:
�aa{r IIee. L: .T.ie-
• BY:adot„, ))` 4
STATE TAX EXEMPTION#003121909-001 - AUTHORIZED BY SIGNATURE
R4.5 I'den lc
TITLE
.4614ffieflAn 2 2-ga 7f -90-yyie
Richmond Sanitary District r iE:s1-r pege 1DAT � PHONE NUMBER
•
TABULATION
On-Call Electrical Repair and Service Work for Richmond Sanitary District
2022, Option to renew 2023 & Option to renew 2024
NAME OF CONTRACTOR &viler M-eellAn►ea./, �►e.
ADDRESS I/O wRS� 11 „ S .
CITY/STATE S C G►.0.4n d, IN 1/737 l
a CERTIFICATE OF INSURANCE INCLUDED(must meet the ity of Richmond,IN
requirements) YES NO
o E-VERIFICATION FORM FILLED OUT: YES NO
o IRAN INVESTMENT: YES NO
2022
Signing of Contract to December 31,2022
Regular Hours 7:30am to 4:30pm Rate per Hour$ 71 O/T$ �6�
Weekend Rate—Saturday Rate per Hour$ 86-- Sunday Rate per hour$ 106
Holiday Rate— Rate per Hour$ 106
2023
Signing of Contract to December 31,2023
Regular Hours 7:30am to 4:30pm Rate per Hour$ it O/T$
eo ��'
Weekend Rate—Saturday Rate per Hour$ 802 Sunday Rate per hour$ /0
too
Holiday Rate— Rate per Hour$ ��G" —
2024
Signing of Contract to December 31,2024
Regular Hours 7:30am to 4:30pm Rate per Hour$ ?I O/T$
Weekend Rate—Saturday Rate per Hour$ $7oo_ Sunday Rate per hour$ /O7
Holiday Rate— Rate per Hour$ 1D 7
PAGE OIL
•
ARTICLE F
INSTRUCTIONS TO BIDDERS
INDEMNIFICATION,INSURANCE,.AND PROTECTION OF LIVES AND PROPERTY
F.1 INDEMNIFICATION
F. X.l 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 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.
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 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.
F.3 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 maybe 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/Errors&Omissions $1,000,000 per claim
Insurance
$2,000,000 each aggregate
•
MOT
PAGE 1
•
]EVerci fy Requirements:
•
Definitions: • •
• B-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 ox
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 Tmi„igration Reform and control Act of 1986(P.L.99-603).
•
No performance of services shall commence until the following has been met:
1. The Cityis 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.
o rtatLnnufrin tt7nntlnnnrsanntrt4gggtlAOAqqQilGng[73GClIIisprcuAHrinaratiriat'l'Rg'AruirsoursiarinLtor!ri iLitt GtAgg4A17HGlq
COMPLIANCE ANLE WITH INDIAi.VA JV"V•EJCV ]'J1. Pi', GRAM 0GR JL EQ W�L.iIQJi=IJ.Y'JlliJN.4 S
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 Indian'E Verifypxogram. Contractor
•
is not required to verify the work eligibility status of all newly hued employees of`the contractor through
the Indirna.E-Vexifyprogram if the Indiana E-Verify pxogrom no longer exists. Prior to the
performance of the Agreement, Contractor shall provide to the City its signed Affidavit affirmi-ng 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 (e)the Contractor
will remain liable to the City for actual damages.
•
•
• CON€ I' PAGE OF f ✓
•
.Affidavit of Employment Eligibility Verification
•
The Contractor, ?Air / l�celhc 14 I) r�e• , affirms under the penalties ofperjurythat
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 lesrnrt 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 pf the contractor through the Indiana E-
Verifyprogram.
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
maintain this certification throughout the duration of the term of a contract with a subcontractor,
I hereby verify under the penalty ofperjury that the foregoing statement is true.
Dated this 2,401, day of F.k nncr ,201/. •
•
(signature)
(printed name)
•
•
•
•
• PAGE 6 _,OF F
•
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 dining 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 I-ran 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 riming the course of this Agreement that this certification is no longer valid and said
detem imation is notrefated by Contractor in the manner set forth in IC 5-22.16.5,the City reserves
the light 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.
1
RICHIVION I) SAI`��C At(';Y DISTRICT
F! OPTICS INSTALLATION AND/0." REPAIR
GENERAL
Scope
A. This specification covers a Fiber optic backbone used to support high-speed data
communications applications. The Fiber optic backbone shall consist of PVC rated,
Indoor/Outdoor rated,multi-fiber cable,patch panels,terminations, and all
associated connectors, documentation and testing necessary to provide a complete
Fiber optic backbone. 6 fiber distribution cables will be installed between wiring
enclosures as required to create a 200MBPS+backbone interconnecting switches or
media converters in each of wiring enclosures or closets.
B.Fiber optic cables shall be UL/CSA-All cables, connectors and associated hardware
shall meet EIAJTIA-598 specifications.
C. The fiber optic backbone will be installed and utilized in this network. This backbone •
will interconnect several key IDF's that are on the same contiguous piece of WWTP
property. 6-strand fiber distribution cable will be installed to create a 200IVMBPS+
backbone interconnecting these buildings or stations.The fiber optic cable used in this
application shall meet all specifications of the intra-building backbone cable with the
additional specification that it be rated for indoor/outdoor use.
D.Any and all damaged fiber will be replaced at the discretion and approval of the
Sanitary District of Richmond,IN.
PRODUCT
Manufacturers
A.All fiber optics cables, connectors,patch panels and associated hardware shall be
Belden IBDN, Optical Cable Corporation, or Panduit Corporation manufactured products
as indicated per the materials definition described in the following materials section.
Systems and components of other manufacturers will not be considered.
Materials
A.Multi-fiber,PVC,Indoor/Outdoor rated 62.5/125um. 6-fiber cable OCC Mfg.PN
DX-006 series or Belden IBDN equal Indoor/Outdoor rated fiber optic cable.
B. The 6 fiber cable will be installed between buildings and stations as required or
determined by the Department of Sanitation of Richmond,IN.
C.Duplex fiber optic patch cables-
ST-ST or ST-SC style Panduit or Belden IBDN series 62.5/125um jumpers.
2.3 FIBER PERFOMANCE CHARAC tERISTICS
The optical fiber shall be multimode, graded-index optical fiber wave-guide with nominal
62.5/125 mm core/cladding diameter. The optical fiber shall comply with
2
ANSUEIA/TIA-492AAAA..
Operating temperature: 0 degrees Celsius to+70 degrees Celsius
NEC/CSA listing OFNP/FT6
Each cabled optical fiber shall meet the minimum graded performance specifications of
table 17030-1 below.Attenuation shall be measured in accordance with ANSI/EIA/TIA-
455-46, -53, or-61.Information transmission capacity shall be measured in accordance
with ANSI/EIA/TIA-455-51 or-30. The cable shall be measured at 23 C+5 C.
Table 17030-1
Horizontal 62.5/125 mm Optical Fiber Cable Transmission Performance Parameters
Wavelength Maximum Attenuation(dB/lcm)Minimum Information
(nm) (dB/km)Transmission Capacity
(MHz-km)
850 3.75 160
1300 1.5 500
NOTE-The information transmission capacity of the fiber, as measured by the fiber
manufacturer,can be used by the cable manufactures and/or installation contractor to
demonstrate compliance with this requirement.
The mechanical and environmental specifications for plenum constructed indoor optical
fiber cable shall be in accordance with ANSI/ICEA S-83-596 and for other constructed
outdoor optical fiber cable shall be in accordance with ANSI/ICEA S-83-640.
TERMINATIONS
A. Compliant with ANSI/TIA/EIA requirements
B. ST or SC Compatible,Panduit or Belden IBDN Epoxyless,Pre-Polished Crimp
connector for 125um fiber.
Panduit PN's FSTMMBL* or FSCMMBL or equal Belden Optimax System PN#.
Ferrule: ceramic or composite approved
Plastic termination connectors are not acceptable.
FIBER OPTIC DISTRIBUTION BOXES
A. Fiber Optic Box—Panduit Opticon FWME 12EDL. Any other type will be at the
discretion and approval of the Sanitary District.
PAGE
3
EXECUTION
Installation
Prior to and during installation,refer to facility layout and drawings provided by the
district showing IDF locations and/or rooms to be cabled. It is a requirement that the
contractor be extremely knowledgeable in the installation,testing and support of complex
fiber optic networks. The installer shall comply with all manufacturers as well as
.ANSI/EIAJTIA specifications recommendations and instructions when installing and
testing the cabling systems and associated components.
Fiber optics
A. The contractor shall properly install and test all fiber optic cabling in and between the
central wiring closets or enclosures as per the scope of this project.All cables shall be run
in ceiling cavities using fiber optic approved routing methods or housed in a protected
environment such as channel raceway, conduit, or innerduct or as specified by this
design.All manufactured specifications relating to strength and minimum bend radius
etc.,being strictly adhered to.Any exceptions to this must be obtained in writin g from an
authorized agent of the Department of Sanitation of Richmond,IN.
Wiring Closets and distribution boxes
A.Included in the fiber optic installation is the installation or replacement of fiber optic
distribution boxes.These boxes or enclosures shall be installed by the contractor in the
distribution rack, at the top of the wiring rack, or in the appropriate termination
enclosure.The contractor will terminate fiber optic cables into the fiber distribution box
using ST connectors following the specifications defined in the fiber optic materials
section.
Testing
A.The contractor will be responsible for performing end-to-end attenuation testing using
an optical time domain reflectometer(ODTR) or other suitable optical power meter at
both 850nm and 1300nm for each fiber.A documented test record for each strand
shall be provided to the Department of Sanitation of Richmond,IN,verifying
proper fiber installation. The maximum acceptable loss, end to end,for each
terminated strand is 1dB.
Optical cable plant security
A.The contractor will be responsible for maintaining neat, organized and secure cable
routing end to end for the fiber optic network, associated interfaces and components.
Specific cable identification in the form of permanent alphanumeric labeling is required
on each end of the cable. In addition each distribution box will i1so be labeled with the
fiber number and strand clearly visible on the front panel of the box.All fiber optic
cables will be terminated in accordance to the specifications provided in the fiber optics
materials section.
EXHIBIT a PAGE_' OF lzi
4
Completeness
A. The fiber optic cabling system shall be installed complete including restraint,support,
testing, documentation, and identification per this design.
B. The contractor will ensure that the completed installation will conform to all
applicable local, state,manufacturers and industry standards as required.
•
EXHIENT PAGE`f'1.Cc JEZ
BADER-1 eetII B__
(lzC.D ,O.:9* DATE(MMIDDIYYYiGIERTppPPppC �1 OF L�A1IIJU �p [INSURANCE
• 01/07/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY DR NEGATIVELY AMEND, EVEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
P"',OW. THIS CERTIFICATE O.F INSURANCE DOES NOT OO.NSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREI (S), AUTHORIZED
RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. .
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate ho'deer in lialt.Of such endorserimlgt(s)..
LODUCER 765-962-9 5 02 WV timothy L 1WIUer
URRINGTON-HOCH,INC PHONENo 765-962-9502 I( 765-962.9506
26 EAST MAIN STREET ( C, ,Ext): AIC,No):
CHMOND,IN 47374 Mks:tmills@harringtonhoch.com
•
INSURERIS)AFFORDING COVERAGE NAIC II
INSURER A:Grange Insurance.Company 14060 '
3URED INSURER B:
der Mechanical Inc
am Duke INSURER C:
3 W Main Street
:hmond,IN 47374 INSURER D;
INSURER E:
INSURER F:
OVERAGES CERTIFICATE NUMBER: REVIpION 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 DDL SUER POL CYEHpF POLICY EXP
f LIMITS
R TYPE OF INSURANCE ' TSp NND POLICYHUMBER IMilroi VYYYI IMM►pplyYYY)
: X COMMERCIAL GENERAL LIABILITY . EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE I X I OCCUR CPP 2848353 01/01/2022 01/01/2023 NRAFMISES(Ea occuE ence) $ 300,000
MED EXP(Any one person) $ 10,000
• PERSONAL 8 ADV INJURY $ 1,000,000
GEN%AGGREGAT LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000
POLICY WIC rig& Ei LOC PRODUCTS-COMP/OP AGG $ 2,000,000
, OTHER: $
COMBINED SINGLE LIMIT 1,000,000
.TOMOBILE LIABILITY (Fr,accldent) $
X ANY AUTO _ CA 2848364 01/01/2022 01/01/2023 BODILY INJURY(Per parson) $
_ AUTOS ONLY _ SCHEDULED
AIMS opNN opWW��@@Dp BODILY INJURY(Per accident) $
— AUTOS ONLY — AUTOS-ONLY (�OPERaY 4AMAGE
erPE ant $
•
UM/UIM 1,000,000
X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 6,000,000
EXCESSLIAB CLAIMS-MADE CUP 2848366 01/01/2022 01/01/2023 AGGREGATE $ 5,000,000
DED X RETENTION S 0 _ E $
WORKERS COMPENSATION X STATUTE 0TH-
AND EMPLOYERS'LIABILITY WCP 284836E 01/01/2022 01/01/2023 1,000,000
ANY PROPRIETORIPARTNER/EXECUTNE YIN E.L.EACH ACCIDENT $
FFICdERIM MBEREXCLUDED? I I N/A 1,000,000
Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
Eyes,describe under 1,000,000
E.l�OLSFASE-POLICE LI
DESCRIPTION OF OPERATIONS below _ NS1T
SCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
x to:765-962-2669
ERTIFICATE HOLDER CANCEL,LI TION
JA
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.
j 2380 Liberty Avenue
Richmond,IN 47374 ./ AUTHORIZED REPRESENTATIVE
1:' j.kw 4:j__1—._=7Z.,______..-----------
PAGE
;ORD 25(2016/03) 019882015 ACORD CORPORATION. All rights reserve