HomeMy Public PortalAbout093-2012 - Sanitary - Oler fencing - 3 new gatesAGREEMENT ORIGINAL
THIS AGREEMENT made and entered into this 4�_ day of a L) 2012, by
and between the City of Richmond, Indiana, a municipal corporationWcting by and through its
Board of Sanitary Commissioners (hereinafter referred to as the "City") and Oler Fencing and
Construction, P.O. Box 216, Centerville, Indiana 47330 (hereinafter referred to as the
"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to famish and install two (2) new heavy duty swing gate operators
and one (1) new heavy duty harsh environment slide gate operator, with card reader and fifty (50)
swipe cards, as specified.
A Request for Quotes was sent out May 30, 2012, has been made available for inspection by
Contractor, is on file in the office of the Sanitation Department, is attached hereto as Exhibit "A,"
consisting of four (4) pages, and is hereby incorporated by reference and made a part of this
Agreement. Contractor agrees to abide by the same.
The response of Contractor to said Request for Quotes dated .Tune 21, 2012 is attached hereto as
Exhibit "B", consisting of thirteen (13) pages, and is hereby incorporated by reference and made
a part of this Agreement. Contractor shall provide all requested equipment and services listed on
Exhibit "B."
Contractor shall not modify or alter any standard warranty from the manufacturer of the above
described equipment. Nothing contained herein shall prevent Contractor from providing any
additional or supplemental warranty in addition to that provided by the Manufacturer. Further,
Contractor shall provide City with copies of its warranty upon receiving a written or verbal
request to receive such warranty.
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.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
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 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.
SECTION It. 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.
Contract No. 93 2012
Page I of 5
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Nineteen Thousand Dollars and Zero Cents
($19,000.00) for complete and satisfactory performance of the work required hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until completion of the project.
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 five (5) working 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 fivading to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for aII work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
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.
'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
Page 2 of 5
B. Employer's Liability
$100,000
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each 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 affirining 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 tennin:ating 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 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee
Page 3 of 5
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any sub -contractor, shall not
discriminate by reason of race, religion, color, sex, national origin or ancestry
against any citizen of the State of Indiana who is qualified and available to
perform the work to which the employment relates;
?. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION 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.
Page 4 of 5
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.
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
Board of Sanitary Commissioners
t �
PresidentZdl
Date: %--
APPROVED(,:�
Sarah L. Hutton, Mayor
Date: S ZZY4:Z
"CONTRACTOR"
OLER FENCING AND CONSTRUCTION
Title: 04,0 n -e I —
Date: I - 16— 11Z�� z
Wage 5 of 5
The Richmond Sanitary District
Heavy Duty
Sewing Gate QMrators,
The Richmond Sanitary District is requesting quotes for furnishing and installation of two
(2) Swing Gate Operators for the Liberty Avenue Entrance to the Facility. The Sanitary
District will supply the power and control wire to the actuators.
What the Sanitary will Supply:
Power Supply — 208 volt 3 phase
e 14/6C NTC control wire
Swing Gate Operator Specifications:
These specifications are based on a Chamberlain Lift Master Swing Gate Operator —
MODEL SW 490 — Any brand that meets or exceeds the spec's are acceptable.
• SW 490 — 75 Opener
• Motor - 3/ horse power
• Gate Max. Wt. 900lbs.
• Max width of each gate 19 feet (Road Way width 30 feet)
• Pad Mount
Swing Gate Remote Transmitter
• Universal Receiver with up 15 315 MHz rol ing code remote controls or PINS in
HIGH security mode
• Programming of The Radio Receivers will be preformed by Contractor
IEXHIBIT--L PAGE _L,, - L
UL 325 Model Classifications —
e Class M Primary Type —A, B1 or C Secondary Type— D or E
Safety Features: Include where necessary
+ Vertical Posts
Interrupt (Safety) Loop (Street Side)
+ Shadow Loop (Facility Side)
• Interrupt (Safety) Loop (Facility Side)
• Photo -electric Sensors 2 — Photo Eye for Open Cycle (Each Side of Roadway)
• Photo -electric Sensor l — Photo Eye for Close Cycle (liaeility Side)
• Instructional and Precautionary Signage (Minimain of two (2) signs one on each
side of gate
+ Follow Safety recommendations from manufacturer
EKHIBIT__.A PAGE TOF T
The Richmond Sanitary District
Heavy Duty Harsh Environment
Slide Gate Operators
The Richmond Sanitary District is requesting quotes for furnishing and installation of one
(1) Slide Gate Operators for the Test Road Entrance to the Facility. The Sanitary District
will supply the power and control wire to the actuator.
What the Sanitary will Supply:
e Power Supply -- 480 volt 3 phase
• Existing -gate This Gate will need to be prepped and painted {Part Spec
attached
Swing Gate Operator Specifications:
These specifications are based on a Chamberlain Lift Master Slide Gate Operator —
MODEL SL595 — Any brand that meets or exceeds the spec's are acceptable.
• Model SL595 Heavy Duty, Harsh Environment Slide Gate Opener
• Motor --1 - horse power
• 12"/sec
• Gate Max. Wt.1700ibs.
s Max. Cantilever Gate Width 35 feet (Road Way width 30 feet)
• Max. Overhead Roller Gate Width 90 feet
s Max. V-Track Gate Width 55 feet
Slide Gate Remote Transmitter
• Universal Receiver with up 15 315 MHz rolling code remote controls or PINS .in
HIGH security mode
• Programming of The Radio Receivers will be preformed by Contractor
EXHIBIT __,d PAGEQF
UL 325 Model Classifications --
• Class III Primary Type —A, B1 or B2 Secondary Type — A, B1, B2, D or E
Safety Features: Include where necessary
• Vertical Posts
• Guards for Exposed Rollers
• On Moving Gate Edge: Strip Judicators (1— Open Edge 1— Close Edge)
• Interrupt (Safety) Loop (Street Side)
• Interrupt (Safety) Loop (Facility Side)
• Photo -electric Sensor 1—Photo Eye for Open Cycle (Facility Side)
• Photo -electric Sensor 1-- Photo Eye for Uose Cycle (Facility Side)
• Instructional and Precautionary Signage (Minimum of two (2) signs one on each
side of gate
+ Follow Safety recommendations from manufacturer
EXHIBITS PAGE qpF� F
t
i
PRICE R " EQUEST
�f T
_R
r
CITY OF RICMIOND �* NOT
A �7
DEPARTMENT8LIBEAENL Fst11CT1OjNR I THIS IS 1�€O 1 AN ORDER
2380 LfE3iR1'1'AVCi`It31;si2fC7i70i�ft�,1�1DIr1��\ 47374
I HaNE (765) 983-7450.FAX (765) 9624669
VENDOR V l D O i�
V E�
INSTRUCTIONS
This €s.a request for a price for the services of materials described
Oler Fencing Construction
belovi. Any addit€drial specifications may tie a lkhed hereto. This
is NOT an order and the City reserves the right to,accept all or part.
Attn: Marlin`Oler
ordedine the entire proposal_ Please complete your full name and
phone'nurnber below with. signature: itemize all prices and charges
P.O. Box 216.
where r"uested; and attach any explanation,for any substitution :to
specifications altered. Return In a sealed enuelope, 4n care of
Centerville, IN 47330
Richmond Sanitary District Board of C.QmMissloners to the
administration building at the address above by the specified date
and tune to be considered.
DATE-
REP 'MUST BE IN BY:
PAYMENT TERMS:
DELIVERY REQUIRED:
May 30, 2012
1010AAM.June 26, 20.1.2
UP0N RECEIPT OF INVOICE
DE LIVERED
DESCRIPTIaN
This is a request for quote for furnishing and installing of two.(2) swing gate operators and one.:(1) slide gate operator.
Phase see attached specifications. Please fill aut the I SVerifv Forms and Indiana Local PreferenceClaimForms
Please include a Certificate of Insurance which must include 1N6rRers CompetYsation (insurance:) (riits enclosed). Also
include all warranty information with quote. There. Will be a pre -quote meating on June 7, 201-2 at 10..00 a.m. at the
Administration Office located at:2380 Liberty Avenue, Richtoorld, Indiana, bidders. are emcbt.traged to attend.
Return this'sheet:in a'sealed envelope addressed to:. Richitrlond Sanitary District
Denise Johnson, Customer Service Mgr
Questlons? Calf Jeff Lohmoelier at 765=983=7464.
Cost.forTwo (2) Swirrg.Gates,$ i<p�
Total Quote $_.,_, f z cry
Please list when you can start (how many days) after receiving
Lead Time _ - LeaW _ 3 NAME OF FIRM! QUOTING:
STATE TAXEXEMPTION PTION # 003121809-001
r
Richmond l�itary District
2380r Liberty Aven tie
Richmond,. IN 47374
Re.: Gates
Cast for one (1) Slide dale $
Purchase Order
Quote Valid .Until
• y ^-
AUTHONZEn SY:SiGNATURE
Tm:e
DATE PHONE. NUMBER
IEXHIBTI -B PAGE_j 0FF
SW 490
Powerful Performance
for Heavy Industrial
Swing Gate Applications
This hefty design supports gate lengths up to 22 ft. and
gate weights up to 1,000 lbs. utilizing a weather -resistant,
powder coated steel enclosure, a wormgear reducing drive
and high -starting torque motor offers you years of reliable
and powerful performance. This model is U1.325-compliant
for Class 1, I1,111 and IV.
2-YEAR WARRANTY
Standard Features
• Continuous Duty AC Motor
• Built-in Radio Receiver
• GL Logic Control Board
• 11L325-Compliant Entrapment Alarm
• Shadow, Interrupt & Exit loop Inputs
• 24VAC Accessory Power Output
• Adjustable Inherent Entrapment Protection System
• Full Systems Capability — Compatible with most access
control devices and safety accessories
• Robust DC Control Circuit Supports Long -Distance
Control Wiring Runs
• Timer -to -Close (0-180 seconds)
• Integrated Maglock Control
• Selectable Movement Warning Alarm
• Industrial -Size 0 Across -the -tine Magnetic
Reversing Contactor
• High -Starting Torque, Continuous -Duty Industrial Motor
with Overload Protection
• Sequenced Access Management System --
Simple 4-wire connection
• Industrial Wormgear--in-Oil Gear Reducer
• Gate Speed of 90 Degrees in 42 Seconds
• Heavy -Duty Arm Assembly
• 'Fully Adjustable Driven Limit"System
• Baked -on High -Durability Powder Coat Finish
• Manual Quick -Release System
• Removable Electrical Panel for Easy Servicing
• Pad Mount
• Heavy -Gauge Weather-Resistant<Cover
..... ..aUj,rrs
Built-in ttftMaster® 312NM Radio Receiver
standard for use with DIP Switch and
Security-Fm remote controls.
Only the Liiftstero Security+® remote
controls offer you the benefits of rolling code
technology and compatibilityovith the nation's
largest network of residential and commercial
door operators.
Optional Features
• Quick -Release Arm Kit
+ Heater
• Photo -Eyes
Refer to the Modifications Section for additional
options applicable to this model.
Recommended Capacities
Recommended Cycles per Day- 20
EXHIBITS PAGE 7 OFF
t_.
I]
model
SW 491
SW 491
SW 49�1
S4+ 49'
SW 4)
0 49ii
SW 491
G65
G55
LiftMaster.
MODEL SL585
HEAVY DUTY SLIDE GATE OPERATOR
Serial #
(located on electrical box cover)
Installation Date
MODEL SL595
HEAVY DUTY, HARSH ENVIRONMENT
SLIDE DATE OPERATOR
MODELS SL585 AND SL595 ARE FOR VEHICULAR
PASSAGE GATES ONLY AND ARE NOT INTENDED FOR C (E)US
PEDESTRIAN PASSAGE GATE USE
IXHIBIT_L_PAGE 3 OF J,�
SL 595 -
Extreme Heavy -Duty
Operator Designed for
Industrial Locations
The extremely powerful design supports gate lengths
up to 90 ft. and gate weights up to 2,500 tbs. Fully
enclosed NEMA 3R, oiltight, weatherproof, lockable
cabinet and a high -starting continuous -duty torque
motor with built-in overload protection ensure
rugged and reliable performance. This model is
U1.325-compliant for Class 1,11, III and IV
2-YEAR WARRANTY
Standard Features
• Continuous Duty AC Motor
• Larger Control Box
• Integrated 3-Button Control Station
• Built-in Radio Receiver
• GL Logic Control Board
• Interrupt « Exit Loop Inputs
• Supports Optional LiftMasteroPlug-in Coop Detectors
• 24VAC Accessory Power Output
• UL325-Compliant Entrapment Alarm with
External Reset Button
• Adjustable Inherent Entrapmentf'rotection System
• Timer -to -Close (0-180 seconds)
• Integrated Maglock Contra]
• Advanced Dual Gate Operation —Simple 2-wire connection
• Industrial -Size 0 Across -the -Line Magnetic Reversing Contactor
• High -Starting Torque, Continuous -Duty Industrial Motor
with Overload Protection
• Selectable Gate Movement Warning Alarm
• Heavy -Duty Wormgear-in-011 fear Reducer
• Gate Speed of 12 Inches per Second
• fully Adjustable Driven Limit System
• Automatic Braking System
• Post Mount
• Supplied with 25 It. of #50 Nickel -Plated Chain
• Adjustable Friction Clutch System
• Weather -Resistant Lockable Enclosure
c @.us
Built-in llfthlaster® 312HM Radio Receiver
standard for use with DIP Switch and
Security+° remote controls.
Only the Lifftster® Security+® remote controls
offeryou the benefits of rolling code lechnofagy
and compatibltitywith the nafion's largest.network
of residential and commercial door operators.
Optional Features
• Additional [nickel -Plated Chain - Bulk Pack
• Fire Access Release ]tit
Refer to the Modifications Section for additional
options applicable to this model.
Mode:
SL 59 -
. SL 59
SL Y
::SL• 5�
..:.SL 5<
SL 5E;
Mod
SL 5.1
SL 5-1
SL riSL"
SL =
m:
65
65
CC
Mr1j
CE
G�
The SkV470 and SW490:are.1nietrded for use with vehicular swing gales. The opener can be used In
Class 1, Class It, Class III and Class IV applications.
CLASS I — RESIDENTIAL VEHICULAR GATE OPERATOR
A vehicular gate operator (or system) intended for use In .ahome: of one -to four single family dtrlepings,
or a garage or parsing area associated, therewith.
CLASS .11— COMMERCIAL/GMERAL ACCESS VEHICULAR GATE:UPEHATOR
A vehicular gate. operator (or system) Intended for use in a commercial location or building such as a
multi -family housing unit (five or more single family units) hotef,.garage, retail store or other building
servicing the general public.
CLASS III — INDUSTRIALJLIMITEI} ACCESS VEHICULAR GATE OPERATOR
A vehicular gate operator (orsystem) Intended for use In a industrial locatlari be bu€€ding such as a
factory or leading dock areaor other location not intended to service the general public.
CLASS IV -- RESTRICTED ACCESS VEHICULAR GATE OPERATOR
A vehicular gate operator (or system) Intended for use Ina guarded Industrial location or building such
as.an airport secur€ty area or other restricted access locations not servicing .the general public, In which
unauthoelzed access Is prevented via supervision by security personnel, W .
SAFETY ACCESSORY SELECTION
Ali UL'325 compliant LiftMaster gate operators will accept:essternal
entrapment protoction devices. to. protect people from motorised
gate systems. ULS25 requires than the type of,entrapment
protection correctly matches:each gate application. Below are the.
six types,of entrapment. protection Systems recognized by ULS25
for use on this operator.
ENTRAPMENT PROTECTION' TYPES
Type.A:: Inherenf obsttustidn sensing system, self canto€ned
within the operator. This system must sense and lnitiate
the reverse of the gate within. two seconds of contact
with a solid object.
Type BI Connections provided for a frah-contact device, such as a
piiotoelectric,aye catsbe used as a secondary protection.
Type 82; Connections provided fora'c'ontar;t sensor. A contact
device such as a gate edge can he used for secandary
protection.
Type C:
Type D:.
Inherent adjustablaclptch or pressurr; rel€ef valve.
Connectfans provided for a;confrol requiring continuous
pressure to operate the operatorw
open and close.
Type: E: aunt. -lit audio alarm., Examples
'rich de sirens, horns or buzzers,
11161,E 11L requires that all Installations must
hon raiardtng signs placed In plain view on.
boff .si te,s of the -gale to warn pedestrians of
the dangers of niatorized gate sysYetns
EXHIBIT.$ PAGE _ _ - .
y �UGGESTEa SAFEY P
Shadaw
.. �. Loop
.dose r�clefor .: '�• r �r� `��etit� �� f � .
S' (1.2 m :;
�ryplcal
DL14L SUVIAIAGG4TMSTfM
STREET
Gate 1
Photo a5'e for
open cycle Run twisted wire'
from loop to
w —r operator
Seat Loops'
iitf2'(37lnm)
Loop bra` Layer
'1/4' (6 min) or larger
depending an loop Agra
stia
COMPLEX
OR
PARKING LOT ..
Run WatedWre'
from loop to
aperatar
Seat Loops`
1
1-19 (37 mm)
J f�+ Loop Wira' Layer
VV (6 mtn) or larger
depending an loop wire
size
Photo cya fore ` '' PARKING LOT
close cyde k
* REFER TO LOOP MANUFACTURER'S INSTRUCTIONS FOR DETAILED INSTALLATION & LOOP WIRING INSTRUCTIONS.
EXHIBIT PAGE e� OF f3
—�..�„
1. Vehicular gate systems provide convenience and security. Gate systems are comprised of many component parts. The gate
operator is only one component. Each gate system is specifically designed for an individual application.
2. Gate operating system designers, Installers and users must take Into account the possible hazards associated with each individual
application. Improperly designed, Installed or maintained systems can create risks for the user as well as the bystander. Gate
systems design and installation must reduce public exposure to potential hazards.
3. A gate operator can create high levels of force In its function as a component part of a gate system. Therefore, safety features must
be Incorporated Into every design. Specific safety features Include:
• Gate Edges • Guards for Exposed Rollers • Photoelectric Sensors
• Screen Mesh Vertical Pasts • Instructional and Precautionary Signage
4. Install the gate operator only when,
a. The operator is appropriate for the construction and the usage class of the gate,
b.All openings of a horizontal slide gate are guarded or screened from the bottom of the gate to a minimum of 4' (1.2 m) above
the ground to prevent a 2114• (6 cm) diameter sphere from passing through the openings anywhere In the gate, and In that
portion of the adjacent fence that the gate covers In the open position.
c. All exposed pinch points are eliminated or guarded, and guarding is supplied for exposed rollers.
S. The operator is Intended for installation only on gates used for vehicles. Pedestrians must be supplied with a separate access
opening. The pedestrian access opening shall be designed to promote pedestrian usage. Locate the gate such that persons will not
come in contact with the vehicular gate during the entire path of travel of the vehicular gate.
6. The gate must be installed In a location so that enough clearance Is supplied between the gate and adjacent structures when
opening and closing to reduce the risk of entrapment. Swinging gates shall not open into public access areas.
7. The gate must be properly installed and worst freely in both directions prior to the Installation of the gate operator.
8 Controls Intended for user activation must be located at least six feet.(6') away from any moving part of the gate and where the
user Is prevented from reaching over, under, around at through the gate to operate the controls. Outdoor or easily accessible
controls shall have a security feature to prevent unauthorized use.
9. The Stop andlor Reset (if provided separately) must be located In the line -of -sight of the gate. Activation of the reset control shall
not cause the operator to start.
-10. A minimum of two (2) WARNING SIGNS shall be installed, one an each side of the gate where easily visible.
11. For agate operator utilizing a non -contact sensor:
a. Reference owner's manual regarding placement of non-enritact sensor for each type of application.
b. Care shall be exercised to reduce the risk of nulsance tripping, such as when a vehicle trips the sensor while the gate Is
still moving,
c. One or more non -contact sensors shall be located where the risk of entrapment or obstruction exists, such as the perimeter
reachable by a moving gate or barrier.
12. For a gate operator utilizing a contact sensor such as an edge sensor:
a. One or more contact sensors shall be located where the risk of entrapment or obstruction exists, such as at the leading edge,
trailing edge and post mounted both inside and outside of a vehicular horizontal slide gate.
b. One or more contact sensors shall be located at the bottom edge of a vehicular vertical lift gate.
c. A hard wired contact sensor shall be located and its wiring arranged so the communication between the sensor and the gate
operator is not subject to mechanical damage.
d. A wireless contact sensor such as the one that transmits radio frequency (RF) signals to the gate operator far entrapment
protection functions shall be located where the transmission of the signals are not obstructed or Impeded by building structures,
natural landscaping or similar obstruction. A wireless contact sensor shall function under the Intended end -use conditions.
e. One or more contact sensors shall be located on the Inside and outside leading edge of a swing gate. Additionally, 7f the bottom
edge of a swing gate Is greater than 6` (152 mm) above the ground at any point In Its arc of travel, one or more contact sensors
shall be located on the bottom edge.
f. One or more contact sensors shall he located at the bottom edge of a vertical barrier
EXHMIT r� PAGE
• Injuries occur when people gat their hands or feat caught
between the tap or hottom.of the gate and the. gate roller.
These potential pinch-poln#s should ba,guarded against at
AI.L times. Enclosed style gate tracks are avallable for
refitting of thesa rollers from many fence suppliers: Also,
roller guards are available for Installing War the roifers.
1.11.325 requires that, when used, contact sensors shall be
located at the leading edge, trailing edge, and be post
mounted bath inside and outside of a vehicular horizdntai
silde gate. lion -contact sellsors.srfch as photo ayes MUST
protect during both open and. close gate cycles.
Infurios occur when peoplB put their hands and arms
tilrough openings In the grill while the gate Is operating.
They cannot retract their arm and It gets caught between.the
rrtoving gate grill and the statlonary fence post or fence. This
.potential hazard can be averted by placing a 4' (1.2 m)
screed mesh on the gate to prevent access through
openings anyw4iere the gate'may travel. See Safety Brochure
for details.
To prevant entrapment Injuries, mount controls: at least
6; (f-B m).frorn the gate orANY.m6vlhg parts of the gate.
DO NOT MOUNT ACCESSORIES THAT ARE
ACCESSIBLE THROUGH GAT 1
WAFMASSIGMACEMUff
To provant SERICUS INJURY or DEATH from a moving:gate:
• Install Warring signs on EACH slde of gate In PLAIN -VIEW.
Permanently secure each Warning sign in a suitable. ritanner
ttsirlg fastening: holes.
NOT`FnR USE AS KDES RIAN PASSA. GE! This operator is
Intended for vehicular use only. Ta prevent INJURY to
pt destrlans, a separate padestrlm access should ba supplied,
visible tram ftta.gafe.. Lr cote the pedestrian access where there
Is not a chance of IWUHYat any point during fill movement of
the gate.
Gale,. Edge an Fence
Gate Edge on post for Open Dlrectlon Gate Edge on
near of Gate for Leading Edge of Gate
Open Dlrecuoa far close Ofrerwrl
it
Photo Beam N Pholo Beam, for
for Opan 11HtT. C � _ Clow F]i-atien
O!roct?on Addfiionat Past. Mounted Gala Addil?onol Past Mounted. Gate
Edge for Close Direction Edge for Open Direction
Pinch -Point
Gate Edge
I
Alwaya Teal Gate Edges and
Photo Beams Anyllme They Ara
Adfueted or serviced
Gate Edge: for
Gate Edge for clase'dlreclfan
Open ❑lreclfon . ,
Vertical Post Placed an'. ~
Both Bides of the Exposed^a>-:
riollers.Can Prevent Hands
From Reaching These f
Pinch-polnts R
Gate I
Cfasa
EXHIBIT, PAGE _j_OF 3
K
International
I.
CostomeriD Quote ID Number
quote Date:
291602 122515
6/2112012
Ship To: 291,902
Oters Fencing & Construction
PO Box 216
Centerville W
Phone NO: (765) 962-293S
fW N0: (7651- 165-966-4514
7eunk Net30
Quotation
1 V
Phone.1.800.249.0674 Local: 1.630.629.1213 Fax: 1..630.629.1230
Cusl$alesPers: CustomerJobN.ame: DateRetiuired:
Per Marlin Martin
SpeclaliVluttipller: 0 Quotation By TJN
47330-1211
Parts: Macli
0 a
PartNumber
Quantity
e re, martini@oler.us
Description
1 0.00
0
$0.00
$0.00
❑
2 715,200.80
.1
$330.00
$330.00
❑ D:oorkhg Card Reader Stand Alone Surface Mount AWID
3 7115,200,41
4
$70.00
$70.00
❑ Doorkin'g.MernoryChip 600 Card Reader
4 810,006.00
1.
$1,55
$1.55
❑ AWD Prox Card Clam Shell
5. 0.00
a
$0.00
$0.00
❑
6 o.ao
0
$0.00
50,00
❑
7 0.00
0
$0.00
$0,00
e 0.00
0
$0.00
$0.00
❑
s 0.00
0
$0.00
ta.ao
❑
1.0 0.00.
a
$0.00
$0.00
11 0.00
0
$0:00
$0.00
❑.
12 0,00
0
$0:ao
so.00
❑
13 0.00
0
$0.00
$0.00
❑
14 0-00
0
$0.00
$0,00
❑
15 D;00
0
$0.00
$0.00
❑
16 0.00
0
$0,00
$0.00
❑
17 0.00
d
moo
$o.00
❑.
18 0.00
0
$0.00
$0 00
❑
13 0.00
0
$0.0o
woo
20 0.00
0
$o.0o
so-00
❑ _
Total
$401.55
Ship To: .,
Tax
$33.13
[II(nots compan(es and residents will be:charged,sales tax unless a Resale TairCartifiartte is un
life �vlih Tip Corona proper Tax exernpt Letter is. provided with Purchase Order.
'total with Tax
$434;68
iVlariin
IAubted a:single card forts a readen You
W.M."eed to Multiply that by the number your need. Goosenecks are$99.00 if
you.need o,ne.
-Thanks,
Torn
S.t3bjaet to credit approval 'Ail
prices net you cost' F.O.B L.orrlbard; EL. USA' ouote-based orl info"at(on Provided t�tuoted based on c{uarttities.fsted:'
Quote valid tor`t3O days'Operatarlastaliation by others
' Efeclrical pov-?br and 'cnnnection isy others " Setbjact to credit approval:
EXHIBIT,,, PAGE 9 OF Q
30 Warranty Policy
r
Seller warrants that the goods are free from defect in materials and/be workmanship for a period of one
year from the date of shipment from the F.O.B. point. FGoods returned to Seilerfor warranty repair
Within the warranty period, which upon receipt by Seller are confirmed to be defective and covered by
this lirnited warranty, Will b'e repaired or replaced (at Seller's sole option) -at no cost and returned pre-
paid. Defective parts will be repaired or replaced with new be factory -rebuilt parts at Seller's sole
option. Authorization instructions for the return of any goods must be obtained by Buyer from Seller
before returning the.goods. The goods must be returned with complete identification, freight prepaid,
And in accordance with Sellers instructions or they will not be accepted. In no event will Seller be
responsible for goods returned without proper authorization or identification.
THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR OTHERWISE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY
ON SELLER'S. DART. THIS LIMITED WARRANTY DOES NOT COVER NbN:OEFECT DAMAGE,
DAMAGE CAUSED BY IMPROPER IN OPERATION OR 64R1=,(IN.CLUDING, BUT
NOT LIMITED TO ABUSE, MISUSE, FAILURE TO PROVIDE REASONABLE AND NECESSARY
MAINTENANCE, OR ANY A€ TERATIONS TO THIS PRODUCT), LABOR CHARGES FOR
DISMANTLING OR REINSTALLING A REPAIRED:OR REPLACED UNIT, OR REPLACEMENT
BATTERIES. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR CONSEQUENTIAL,
INCIDENTAL OR -SPECIAL DAMAGES ARISING 'IN CONNECTION WITH THE USE, OR INABILITY
TO USE;.`THIS PROD149T, IN NO EVENT SHALL. SELLER'S LIABILITY FOR -BREACH OF
WARRANTY,. BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY EXCEED THE COST
OF THE PRODUCT COVERED HEREBY. NO PERSON (S AUTHORISED TO ASSUME FOR US
-ANY'OTHER LIABILITY IN .CONNECTION WITH THE SALE OF THIS PRODUCT. Some states do
not allow the exclusion or limitation of. corisegvential, inpidentol or special damages, so the above
limitation or exclus on tray not apply to you. This limited warranty gives you specific legal rights, and
yaU may also have other rights which vary from state to, state.
Doc 01-G.0665
Rev `C
EXHIBIT,_, PAGE �o OF
RUST=OLEUMM
The C740 System DTM Alkyd Enamels are designed for indoor
and outdoor metal surfaces In mild to moderate commericial
environments. Excellent resistance to general weathering, salt
air, mild chemical fumes and light abrasion. Not for use on
galvanized steel.
R desired, the C740 System DTM Alkyd Enamels can be applied
direct to -meta! (DiM}, howeveroptimal corrosion protection is
achieved when the finish coat is used in conjunction with one
of the recommended primers.
PRIMERS
1-Gallon
peseti tion
255544
White Primer
255552
Red Primer
255555
Gray Primer
FLAT FINISHES
i-Gallon Description
255553 Flat Black
GLOSS FINISHES
i-Gallon
Description _
255554
Black
-255W
Safety Blue
255550
Safety Yellow
255551
Safety Red
255556
Navy Gray
255549
forest Green
255558
White
261948
Sliver Gray
26.1949
Dunes Tan
TINT BASESt
1-Gallon
Description
255565
Red
255564
Yellow
255559
Masstone
255563
Pastel
261951
Deep
'All tint bases are high gloss finishes
Forin- SW1990
Rev.11081i
EXHIBIT - PAGE -IL -OF F
SURFACE PREPARATION
ALL SURFACES: Remove 9 dirt, grease, 0a1, saltand chemical
contaminants by washing the surface With Pure Strength® Cleaner/
Degreaser, item 4359AOZ commercial detergent or othersuitable
leaner. Airrse iharoughlywiih fresh waterand allowto fully dry.All
surfaces must be dry at time of application,
STEEL: Hand foci (SSPC SP-2) or power tool (SSPC-SP-3) clean
to remove all loose rust, mill scale, and deteriorated previous
coatings. It abrasive blasting leaning is used, then iwa coats of
recommended primer is required. See the primer Technical Data
Sheet for more information.
PREVIOUSLYCOMED: Previously coated surfaces must be sound
and in good condition. Smooth, hard, or glossyflnlshes should be
scarified DIsanding to create a surface profile. The C740 System
-Enamels are compatible wily most coatings, but a test patch is
suggested.
APPtlCATION
Apply only when air and surface temperatures are between
32-1000F (0-3VC) and surface temperature is at least 5°F (3°C)
above the dew pant
EQUIPMENT RECOMMENDATIONS
BRUSH: Use a goad quality natural or polyester bristle brush,
ROLLER: We a goad qualify natud or pa[yesler cover. Else a shod nap
rdleafor smooth suda=e and ame iumrraprollerforroughsurfacers.
AIR -ATOMIZED SPRAY.
Method
Fluid Tip Fluid Delivery
Atom, Pressure
Pressure
0.055-0.070 16 ozJmin.
25-fiO psi
Siphon
0.055-0.070 —
25-60 psi
HVLP (var.)
0.043-0.070 B-14 Wmin,
00-90 psi*
*10 psi max.at tip
AIRLESS SPRAY (HIGH GLOSS):
Pump Ratio Fluid Pressure
30:1 1,600-2,400 psi
AIRLESS SPRAY (ALL OTHERS):
Pump Ratio Fluid Pressure
30.1 1,600-2,400 psi
Fluid Tip Filter Mesh
0.013-0,017 100
Fluid Tip Filter Mesh
0.013-0.019 60
THINNING
BRUSH/ROLLEH: Normally not required.
AIR -ATOMIZED SPRAY: 333402 Thinner: Use up to 15% by volume.
AIRLESS SPRAY: 333402 Thinner: Normally not required. If needed
use up to 5% by volume.
CLFAN-UP
333402 Thinner or Acetone.
Form:SM1990
Rev.: 110811
EXHIBIT$ PAGE �OF-LL
®®RUST-OLE M' I TECHNICAL DATA
10=1 I li I
mom
FINISHES
PRIMER
Resin Type
Modified alkyd
Modified alkyd
Pigment Type
Varies wish color
Varies with color
Solvents
Aliphatic hydrocarbons
Aliphatic hydrocarbons
Per Callon
7.6-8.9 lbs.
11.5 lbs.
Weight
Per Liter
0.9-1.1 kg
1.4 kg
By Weight
56.1-62.8%
71.2%
Solids
By Volume
48.3-48.5%
48.6%
Volatile organ[c Compounds
<400 gA (3.33 lbsJgal.)
<400 0 (3.331"at.)
Recommended Dry Film
1.5 2.5 milst
1-2 MIN
Thickness (I)FT) Per Coat
1,37.5-62.5g)
(25-50p)
Wet Film to Achieve DFT
3-5 mils
2-4 mils
(unthinned material)
(75-125p)
(50-100p)
Theoretical Coverage at
775-780 sq, Ugal.
780 sq. fugal.
1 mil DFT (25p)
(19.1-19.2 m2A)
(19.2 m2A)
Practical Coverage at Recommended
265-440 sq. Wgal.
330-660 sq. Ugal.
DFf (ammies 15% material foss)
(6.5-10.8 m2A)
(8.1-16.2 m2A)
Dry Times at I rack -free
2-4 hours
2-4 hours
77'F (25°C) aA Handle
8-12 hours
8-12 hours
50% Relative
Humidity Recoat
24 hours
24 hours
Dry Heat Resistance
212-F (100°G)
212°F (100°C)
Shelf Life
5 years
5 years
Contains
Lead-free
Lead-free
COMBUSTIBLE LIQUID AND VAPOR, HARMFUL IF INHALED MAYAFFECT BRAIN OR NERVOUS
Safety SYSTEM CAUSING DIZZINESS, HEADACHE OR NAUSEA. CAUSES RESPIRATORY TRACT, EYEANu SKIN
Information Wam[ngi
IRRITATION. FOR INDUSTRIAL OR COMMERCIAL USE
ONLY. KEEP OUT OF REACH OF CHILDREN.
SEE THE PRODUCT MATERIAL SAFETY DATA SHEET (MS13S)
AND LABEL WARNINGS FOR ADDITIONAL SAFETYINFORMATION.
Calculated values are shown and may varyslightly from the actual manufactured material.
iff applied over a prlmor or previously coasted steel, a dry film thickness of 1-2 mils (25-50p) is acceptable, 2-4 mils (SO-100p) Vmt film thlcknes%
3 Form: 3001990
Rew 110811
EXHIBIT„ P PAGE
OF
E-Verify Requirements:
Definitions:
E-Verify Prograrn - 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 Department of Homeland
Security or other federal agency authorizer) to verify the work authorization status of newly hired
employees under the 1mmtgration 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.
on r mono no l on M r F x r 1 r I l on ■ s r n r r x a r M r r! an r NIONJIMMMIRM on MWERVIIIIIII r l X r r r M x. r Y r f 3 r l wpm III
COMPLIANCE WITH INDIANA E-VERIFY PROGRAM RE MEMENTS
Pursuant to Indiana Code 22-5-13, 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 Ws.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 propures a new cantractor..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, 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 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 this day of [J AV C4 , 20/1
(signature)
(printed name) --