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HomeMy Public PortalAbout036-2013 - Sanitary - Hurst Techical Services Inc. - InstrumentAGREEMENT iGINAL THIS AGREEMENT made and entered into -this .4 day of , 2013, 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 Hurst Technical Services, Inc., 7530 DiSalIe Avenue, FortWayne, Indiana 46825 (hereinafter referred tows the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide instrumentation and control technical services of City's wastewater treatment facility automation system, including field instrumentation in all areas, including lift stations, and equipment calibration. A Request for Quotes dated January 23, 2013 has been made available for inspection by Contractor, is on file in the offices of the Department of Sanitation for the City of Richmond, and is attached hereto as Exhibit "A", consisting of three (3) ,pages, incorporated herein by reference and made a part of this Agreement. Contractor shall provide all services listed on Exhibit "A". The response of Contractor to said Request for Quotes is attached hereto as -Exhibit "B", which Exhibit is dated January 23, 2013, 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 22-5-1.7-1 1(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 annual amount not to exceed Forty -Two Thousand Six Hundred Twenty -Four Dollars and Zero Cents ($42,624.00) for Years One and Two of the Agreement, and an amount not to exceed Forty -Three Thousand Two Hundred Dollars and Zero Cents ($43,200.00) for Year Three of the Agreement. There shall be no charge, for telephone consulting service. Contract No. 36-2013 Page 1 of 6 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect through February 28, 2016. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at Ieast 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 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. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Page 2 of 6 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 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 Ionger 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) 5-22-165, 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: I. 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. 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 Iiability 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. 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" "CONTRACTOR' THE CITY OF R.ICHMOND, HURST TECHNICAL SERVICES INC. INDIANA by and through its Board of Sanitary Commissioners J By: By: Sue Miller, President ff (Printed) Jo r-, P 1-D6e- Title: \tee— WC-Sld e,h.+ Gil Klose, Vice President Date: 4Gi�g Pens,mber Date: APPROVAz�AX/4 Sarah L. Hutton, Mayor Date: Page 6 of 6 RICHMOND SANITARY DISTRICT - INSTRUMENTATION AND CONTROL SYSTEM TECHNICAL SERVICES PART-[ - OVERVIEW Richmond Sanitary District is seeking detailed qualifications and proposals for the contract services of an instrumentation and control systems maintenance Company, (herein referred to as Company, Provider or Technician), for the wastewater treatment facility. This proposal covers all field instrumentation in all areas, including lift stations, but not limited to, control room instruments or process control computers. The duration of this contract is for thirty-six (36) months, The contract will be awarded on the basis of unit cast and qualifications of each candidate. The Richmond Sanitary District reserves the right to reject any and all proposals. PART II -- PROPOSED SCOPE OF WORK Instrumentation and control technical support shall be provided for engineering, software diagnostic analysis, hardware diagnostic analysis, calibration, and repair or replacement instrumentation. Repair and replacement parts are not included unless otherwise noted. Labor for piping, mechanical installation or electrical power wiring is excluded unless otherwise noted. Work shall be directed by work order and not from a schedule or list or specific number of instruments. The technical instrumentation and control service shall include the following categories: A. Engineering Su1212ort The Technician will assist the Richmond Sanitary District staff on new instrumentation installations. This includes recommendations on equipment or instrumentation purchases, a review of installation layout, and particular application specifications. B. Software Support The Technician shall provide process controls strategy modifications to the following systems: 1. The SCADA software, including, but not limited to, Intellution FIX32, Full Function SCADA, Integration Toolldt, Specter WIN-911/WIN-4111, View Node, Intellution Plant TV, Control Wave. 2. Windows XP and Microsoft Office applications 3. Bristol Network 3000 and ACCOL Software 4. Other Ladder Logic programs when requested or needed -1- JEXHIBIT P PAGE I OF 3 C. Software Diagnostics The Technician shall perform the diagnostic testing sequences on the above mentioned software packages to determine efficiency, reliability, communications problems, or timing errors in the application software. Additionally, the Technician will work with the City. Information Technology Department when the City makes changes to the network to ensure continued operation of equipment. D. Hardware Diagnostics The Technician shall perform diagnostic testing sequences on the printed circuit boards to facilitate component level repair, calibration of analog boards, adjustment of digital boards, memory control boards, hard disk optimization and zero failure detection on the process control computers. Testing diagnostic programs shall also be performed on the held equipment for failure detection, component level repair and calibration, when this procedure is applicable. B, Galibratlon and Repay All instruments shall be calibrated and repaired as necessary on a periodic basis. Repairs will be performed down to the component level whenever possible to keep downtime to a minimum. Instruments shall be calibrated to NIST standards to meet or exceed manufacturer specifications. Instruments damaged beyond the ability of the Technician to repair will be sent to the manufacturer at the expense of Richmond Sanitary District for repair or replacement, at their discretion. All replacement parts will also be at the expense of the District. PART III - A-LIFICATIONS The successful Company candidate will have the following qualifications: A. Regent Plant ENgeriencg The Company must have successfully worked in the plant in the last two years. The employees of the Company who will be assigned this bid work must have been employed by the same Company and have -worked in the RSD plant in the last two years. B. Staff Su ort The Company must have at least three employees to provide backup assistance in the execution of this contract. The Technician shall be an employee,of the Company and tha Company shall not sub -contract any part of this bid.. The Technician shall be on call for support twenty-four (24) hours per day, seven days per week, The Company will provide one phone number to be answered twenty-four hours per day, seven days per week in case of emergency. There will be no phone number rotation at RSD. -2- [EXHIBITPAGE J OF 3 C. Spare Parts for Bristol 13abcock3330 Due to the age of the Bristol network and the difficulty in obtaining spare parts, the Company will maintain a cache of spare parts equal to 10% of the network parts usage. RSD will pay for these parts as they are consumed and will not pay for inventors D. Experience The Company will have experience in providing maintenance programs as exennplifled by at least one contract of ten years duration of continuous maintenance service. Other references will be available upon request. E.Qua]i The Company will have a quality program in place and copies of the program available for Inspection. All test equipment instruments used in calibration standards must be NIST traceable and calibrated annually. Copies of the certificates of calibration must be provided. Technicians used for the work must have a valid COST cerdflcate or twenty -years experience in instrumentation maintenance. PART IV -- FEE BASIS The Contract shall provide for one Technician to work on site for 48 hours per month or for two Technicians to work for 24 hours per month at the discretion of Richmond Sanitary District. This time normally will be scheduled for two consecutive days three times per month, A workday is considered to be eight (8) hours. Billing will be based on HOURS worked per day, per month. The Company shall bill only for Technician time on -site at Richmond; there will not be a separate billing for travel time or expenses allowed as part of this contract, The Company shall not. charge for the initial time spent becoming familiar with the wastewater treatment facility and it's I&C system. The Company shall provide on -site emergency response on a 24 hour -per -day, seven days -per -week basis. No more than a two-hour minimum fee may be charged. The Company shall provide emergency call -in service on a 24 hour -per -day, seven days -per -week basis. Telephone consultation shall be billed in fifteen (15) minute increments.. -3- EXHIBIT _LPAGE 3 OF 3 PRICE. REQUEST 0 k Y" ilv x CITY OF MCfMOND DEPARnffiNr OF SANITATION 2380 LIBBRTYAVR4uH*PICHM0N1), MLWA47374 PHO�E (765) 983-7450oWC765) 962 2669 Hurst Technical. Services, Inc. 15012 Edgerton Road < New Haven, IN 46774 TTiIS IS NOT AN ORDER 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 aftacfi 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 speckled date and time to be considered. BATE: REPLY MUST BE IN BY,, PAYMENT TERMS: DELIVERY REQUIR50: JANUARY 23, 2013 10;00 AM, FEBRUARY 12, 2013 UPON RECEIPT OF INVOICE I DELIVERED This is a request for quotes, valid for Three Years (starting approximately March 31, 2013 and ending February 28, 2016) for Instrumentation and Control System Technical Services. Please see attached specifications and bid sheet. Please include a Certificate of Insurance with cote. Quotes Valid Until: 34 -- Return this sheet In a sealed envelope addressed to: Questions? Call Karen Rodenburg, 765-983-7480. STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary District Richmond Sanitary District Denise Johnson, Customer Svc Mgr 2380 Liberty Avenue Richmond, IN 47374 Ri_. instrumentation & Control System NA E OF FIRM QUOTING: rs C. BY* AUMORRED BY SIGNATURE U� �2G d6n1 t -nrLE 1 � bA E PHON NUMBER �XHI®�T 3 PAGE f OF a TABULATION INSMI ENT,A.TION AM CONTROL SYSTEM TECHNICAL SERVICES DESCRIPTION QUANTITY UNIT COST TOTAI _COST Technician ScheduIed Service —Year 1 72 Days $592/day $42,624.0V Technician Scheduled Service— Year 2 72 Days $592/day $42,624.00 Technician Scheduled Service — Year 3 72 Days $6001day $43,200.00 Technician Scheduled Service --Ali Years 216 Days $128,448.00 -Technician Emergency On=Site Service - As Needed $150/Hour * Minimum number of hours charged for emergency on site service: 2 hours No charge fo; phone service. ffHIB�T_8PAGE a OF a