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Home My Public Portal About148-2012 - Cummins electric-switchboardAGREEMENT THIS AGREEMENT made and entered into this 3 day of \VIIL6 , 2012, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Cummins Electric, Inc., 37I2 National Road West, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor") - SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to furnish and install a Replacement Compressor Building Switchboard at City's Wastewater Treatment Plant, as specified. A Request for Quotes was sent out October 5, 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 five (5) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same, and shall provide all requested equipment and services listed on Exhibit "A." The response of Contractor to said Request for Quotes dated October 23, 2012 is attached hereto as Exhibit "B", consisting of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. 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 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 a total sum not to exceed One Hundred Forty Thousand Two Hundred Fifty Dollars and Zero Cents ($140,250.00) for. complete and satisfactory performance of the work required hereunder. Contract No. 148-2012 Page 1 of 6 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 tirroy 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. In the event of such termination, 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. 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. A. Coverage Worker's Compensation & Disability Requirements Limits Statutory B. Employer's Liability $100,000 Page 2 of 6 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-I.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. Page 3of6 SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event 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 manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 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 Agreemient. Page 4 of 6 SECTION X. 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 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 fling 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. r Page 5 of 6 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 By: Richard IWiker, President Gilbe Klose, Vice President Gy St' ns, Member Date: APPROVED Sara L. Hutton, Mayor Date: ! 7: 7 "CONTRACTOR" CUMMINS ELECTRIC, INC. Bv:� . Printed: 440 ►" Title: 09 G � 1 D Ir J4["' Date: / 0 1 a. Page 6of6 The Richmond Sanitary District is "Requesting Quotes" For a Replacement Compressor Building Switchboard and Installation at the Waste Water Treatment Plant. Electrical Contractor Scope of Work ij, ni jM44 It will be the approved contractor's responsibility to work `wX GE Technicians on the installation of the new switchboard. Run temporary power from existing switch gear room (spare 80A, and 125A breakers) Provide barricades to protect temporary cables at driveways • Demo existing outdoor switchboard • Install new 5" concrete pad doweled to old pad e Extend all conduits thra new pad . # Demo old incoming feeders from transformers to switchgear • Assemble/install new switchboard • Provide new 500 kemil cables from transformers to new switchboard Provide new lugs (if required) to terminate feeders in transformers • Re -connect all loads to new switchboard + Butt splice and cold shrink load cabling to new breakers • Check rotation of loads • • Clean up area, remove temporary and barricades .o- Label loads in new switchboard Re -connect SCADA to new gear as required EXH1EIT A PAGE _j_pF Project Management You will provide project management for the total project or selected phases as per your requirements. You will provide'a project manager who will be the key focal point between you and the staff of the Sanitary District. This person will develop a thorough understanding of the technical and financial objective of the Sanitary District. Your project manager will maintain a project schedule and sequence work and resources to achieve the project objectives in a safe and efficient manner. You will provide the Richmond Sanitary District with periodic schedule updates and review all outage plans in advance. You will provide the management systems to integrate, measure and control the project performance and provide feedback into the process for continuous improvement. GE Engineering Services Scope of Work Engineering Services You will provide requisition engineering, power system engineering, procurement, field engineering and technical direction to remove and replace an existing outdoor switchboard. You will perform the following items: Perform specification and requisition engineering as necessary for replacement switchboard Perform Power System engineering to develop protective device settings for new switchboard + Perform equipment start up and commissioning Start Up Workscope Switchboard Assemblies + lie switchboard will be inspected for evidence of damaged or defective devices Switchboard interconnections will be inspected and verified Switchboard breakers will be mechanically operated to •verify proper operation EXHIBIT _A_ PAGE 9 QF Switchboard breaker trip devices will be programmed with settings provided by power system engineer • Switchboard breaker will be secondary injection tested to verify trip devices • Switchboard ground fault will be tested and verified for proper operation • Switchboard automatic transfer will be tested and verified for proper operation The switchboard main bus will be meggered phase to phase and phase to ground .. • Switchboard metering will be configured and verified for proper indication Documentation You will supply 3 set(s) of documentation. The documentation to be supplied may include the following (as applicable to the Switchboard Replacement project): • Elementary Diagrams Outline Drawings Equipment Instruction Books Spare/Renewal Parts Information = Interconnection Diagrams When available, documentation will be provided on CD-ROM. For documentation not available on CD-ROM, only.hardcopies as listed above will be provided. Both DC ROM and hard copy documentdtion will be supplied in a binder clearly labeled for the Switchboard Replacement project. Unless specified otherwise, updated redlined drawings will be provided with hardcopy drawings are famished by the Richmond Sanitary District. - Training Once the new Switchboard is installed, you will provide training to Richmond Sanitary District Staff. EXHIBIT PAGE 3 OF 5 Equipment Provide the following switchboard to replace the existing Old Blower Building Switchboard: • SWBD/ATO • 4 SECTIONS SERVICE ENTRANCE • 3P4W/480/277/60 1600A SS (1200A TRIP) • GROUND FAULT • ELECTRICALLY OPERATED MAIN • 30 KAIC • INCOMING FEED: BOTTOM • FEED TO RIGHT • I SHUNT TRIP • 1 PROGRMNMR LSIG • 1 AUX CONTACTS .(4) • 1 BELL ALARM • 1 PHASE FAILURE RELAY • 1 CAPACITOR TRIP • 1 PADLOCK PBII • 1 400 AMP 3 POLE SGHA4 • 1 AUX CONTACTS (1) • 1 600 AMP 3 POLE SGHA6 • 1 AUX CONTACTS (1) • 1 800 AMP 3 POLE SKHA8 • 1 AUX CONTACTS (1) • 11200 AMP 3 POLE SS INDIV. MTD. ELEC. • 1 SHUNT TRIP • 1 PROGRAMMER LSIG • 1 AUX CONTACTS (4) • 1 BELL ALARM • 1 PHASE FAILURE RELAY • 1 PADLOCK PB11 • 1 800 AMP 3 POLE SS I DIV. MTD. ELEC. • 1 SHUNT TRIP • 1 PRO GRAl4ME Z LSIG • 1 AUX CONTACTS (4) • 1 BELL ALARM • 1 PHASE RELAY • 8 600 AMP 3 POLE SGHA6 SPACE • 8 MOUNTING HARDWARE • 3 FRONT/REAR LINE UP • 4 BUS BRACING I00>000 • 1 SERVICE ENTRANCE LABEL EXHIBITS PAGE 0OIr� • 4 TYPE 3R (NON -WALK-IN) • 14 NAMEPLATE • 4 CHANNEL SILLS • 3 FULLY RATED AL BUS • I HNGED VORE GUTTER COVER • 1 LIFTING BRACKETS • 3 SIDE BARRIERS • 6 CURRENT TRANSFORMER • 2 PQMII BASE (PQM11) • 6 POTENTIAL TRANSFORMER Miscellaneous Add- Ons: • I ATO 3 BREAKER • 3 PBII ATO NIISC ADDER • 1 UPS IKVA • 2 CPT VENDOR: General Electric Company 12722 Hamilton Crossing Blvd. Carmel, IN 46032 Attn: Brandon Morgan Office 31-7-574-8241 Cell 317-460-0330 Brandon.morgan@ge.com EXHIBITS PAGE 5 OF S PRICE REQUEST A.. A MYOMCEMOND DEPARVA E W.-OF SAIN-UTAUO-N 2390LIBMTY Nb,' 473.14 P NE'dO96 rAi(-765)962,266§ lqa TEHISISNOT AN -OODIA VENDOR INSTRUCTIONS ce. for Op services of materials This: Is, a request for a price descab'ed below. Any.additional: speclftcatlbrfs may be Cununins Electric hsrafq- This Is NOT W ClITT964ryO =to accept: all or part, Ordecillm the 'Onti(eproposal, Travis Cununhis Please dmpfilfer your full name. and phone number° below with S_1goature, itemize alt. and dhae5 where 'd 3712'Nation.W Road West reqljooted-��a a(taOh.Rr!y explanation for aorsubstitutfon'to spealficAtloppaltorpd. Return in a sealedebvqf6pe'jh eOreof MM p Riftiond, IN 47374 the adriffnistratibn building at the address above by The spec3tiad date and time to becone.ldafed., DATE- REP MUST 13.15.198Yc, PAYMENT TERMS ., ,.VERY 0EQUIRED. cletbber 5..2012 "I"02A.M. O6GGt0bqf23,?Qj7 PPON, REQEJPT'pF iNVOIPE I3ELJ1 DES.0RIPTION This. tf&r;auO.ti�.sfbtPu.rchasingano,. ta�fl% a Rqp1acement 3-prilpressor Buldin S,Wkhboard it the. is are uegjps�G,' qj... sLgnd Indiana Lo 6 a I Preference 0 LO tm Forms P. I bja se ih 61 tid.6 a C Edifid. a te of I n s U, ira h c, 0, , W- ht'c'b 'm U s t i It I tid e, � Wdr, kb`rs, Zompensation. Also: fricludez[] warranty informati6nwith-quote. Return the. quote. 1h a sealed OUVOI dpe,zfddrOsO.Od to: Ri'cWobl $afiltary Olstticts 2380 Liberty' Avenue IN47374 RR e-=Waed ry :QWdt16v60d'.Ufif11 Tdta[audei. 110 "There-vvN 1. be a ire Quote 7f I neOf a ng. onoctobe 1Z 2019 -at I OMAR, t4he Oisield, hiln IpjR 1�4(� Ad sberty 1� geOWts p! Ow tall J.01fLoWPO lier at 7W98$m 74-64, SATE 1M. LXEMPTfO14 Wanizi.po-001 JEXHIBIT B PAGE 1 OF. o2 Price :Request For The Replacement Compressor Building $w* i board and Installation at the Richmond Waste Water Treatment Plait.. RiCHNIOND SANITARY D SIRMT 2380 Liberty Avenue .It�nd, IN 47374 Teff uhmoel ter - Office (765) 983=7464 Cell (765) 08-2;6.7.0 EXHIBITS PAGE � 0E