HomeMy Public PortalAbout157-2013 - Sanitary-Hurst Technincal Services Inc.- Landfill gas chart recorderAGREEMENT
ORIGINAL
THIS AGREEMENT made and entered into this r�
_. -.o day of ovGm b_ e2, 2013 and
referred to as Contract No. 157-2013 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 DiSalle Blvd., Suite 100, Fort
Wayne, Indiana 46825 (hereinafter referred to as the "Contractor").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby retains provide and install a landfill gas chart recorder replacement and autodialer for
the Richmond Sanitary District Landfill.
A Request for Quotes containing Certain Specifications sent out October 11, 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, is attached hereto as Exhibit "A," consisting of eight (8) 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 is attached hereto as Exhibit "B", which
Exhibit is. dated October 21, 2013, consisting of one (1) page, and is also 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, services and warranties 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 I1. 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 of Fifteen Thousand Six Hundred Twenty -Five Dollars and
Zero Cents ($15,625.00) for complete and satisfactory performance of the work required
hereunder.
Page 1 of 6
SECTION W. 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 and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the
parties by 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.
Coverate Limits
A. Worker's Compensation & Statutory
Disability Requirements
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 22-5-1.7, 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 VIIL 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
Page 3 of 6
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:
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 monies
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
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
Page 4 of 6
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. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns_ It
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.
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 suit arising
under this Contract, if any, 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.
Any person executing this Contract in a representative capacity hereby warrants that he 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 due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is
filed.
In the event that an ambiguity or 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"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
By:
Sue Miller, President
Date: I rL k 3
APPROVED:
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
HURST TECHNICAL SERVICES, INC.
By:
Printed:( .5o,*ti3 P L 6 b,c
Title: � Gc ✓�2'r,s-ac.vI
Date: / 3- _ '1—13
Page 6 of 6
riiICE EST
�T fa
.off. OF MCFMOM
2D.30 L1BFRTi'Y�A BM -'#RI hv10NQ, NDIANA-17374 THIS �� NOT O L � i V ORDER
PHONE f1as) sa3.7asaoPnx(x0) �z 266s
VENDOR
INSTRUCTIONS
This is . a request for a price :for the services of materlals
described below.... Any addillonal .specffcallons may be
attached hereto: This Is NOT an erdar.and the Citytesswes
the right'to accept: all or part, "ar dectine ilia eallro proposal
Please romplato your full riaiie and phone:4u1mber below.
wi(h signature; itanilze all prices and chaiges Where
requested; and attacb any expianation for any substltution to
specitcallons altered. Relow In a sealed envelope, in rare of
f2tchmorld Sanitary RIstrict Board of Cor1lmlSSIOnere to
the adallnlstration building at the address above by the
specified date arid. tittle to be considered,.
PATE:
iiEP. L Y Mtl:ST 8E IN t3Y:
PAYMENT TERMS:
DELIVERY REQUIRED:.
octaiaert1,20f3
ir):00R.Ni..ongctober22,20i:3
UPON:RECEIPT OFINV610E
DELIVERED
DESCRIPTION
This is a request for quotesior the .replacement .ofthe landfill
gas chart:recorder.. Please see attached specifications;
Please fill ou.t.the E-Verify. Forms and_include a "Certificate of Insurance which must include Workers Compensation,
Also Include all :warranty'informatian with quote..
Return the quote In a sealed envelope addressed to:
RichmondSanitary District
Denise Johnson
2380. Liberty Avonue
Richmond I. IN 473.74
Re. .:Landfill Gas Chart Recorder
Quote'VaIKUntil 1— 31._
Total Quote $ /.r
Where will I>e.a:Pro-Quote meeting on Ontober l6 at 10.00.:AM at the Now 'Paris pike Lancltill, 5242 New Paris Pike,.
.13161 fond; Indiana.
Questions please call Elijah Welch at 765-983-7483
STATE TAX:EXEMPTION # 0039:21909-0011
671
Rlchmon4� tary D
NAME DP FIRM QUOTING:
f�vcSr Tz6ffj[trGJ/ ,fd�t.✓�.�
BY;
AUTrrOWED SYStOUATURE..
BATE PHONE NUMBER
EXHIBIT PROS I OF—!—
SECTION 40 9123
GAS SYSTEM RECORDER
1. PART 1— GENERAL
1.1 DESCRIPTION OF WORK
A. Furnish, install, and connect a paperless recorder unit to replace existing
Honeywell circular chart recorder
B. Decommission existing Honeywell circular chart recorder and remove
from landfill gas blower and flare control panel.
C. Connect input wires from flow meter and flare thermocouple going to
Honeywell recorder to input channels on paperless recorder and set up
recorder to read and store data from these meters per manufacturer's
instructions.
D. Program new paperless recorder unit to calculate total gas flow on daily
basis and to provide electronic reports as required by this specification and
as indicated by Owner.
E. Connect alarm outputs from paperless recorder to Autodialer.
1.2 RELATED WORK
A. Section 27 21 16 — Autodialer
1.3 SUBMITTALS
A. Submit shop drawings of new equipment showing layout after installation.
B. Submit manufacturer's installation instructions.
C. Submit manufacturer's operation, service, and user's manuals in Adobe
Acrobat electronic format and one, bound paper copy of each.
D. Submit manufacturer's data software on compact disk or DVD for use on
Owner's computers to download and read stored data.
E. Submit manufacturer's warranty.
GAS SYSTEM RECORDER 40 9123
-1-
EXHlB T fL PAGE d- OP$
1.4 PROJECT RECORD DOCUMENTS
A. Revise diagrams included in Drawings to reflect actual control device
connections. A ladder diagram and layout of existing electric panels are
included in Appendix A these specifications.
2. PART 2 - MATERIALS
2.1 GAS SYSTEM RECORDER
A. One Yokogawa DX1006-3-4-2/A2/MI/USBI paperless recorder or
approved equal.
B. The recorder will operate from a 120-Volt, 60-Hertz, single-phase power
supply.
C. The recorder shall include the following features:
1) A minimum of 6 input channels capable of accepting the following
signals either directly or in combination with electrical
components suitable for modifying the signal to the recorder:
a) 4 — 20 DC milliamp
b) DC voltage
c) Thermocouple
d) Resistance thermometer detector (RTD)
2) Recorder shall be capable of a measurement interval of no greater
than one second.
3) A minimum of 2 alarm output relays and contacts.
4) A minimum 5" TFT color LCD display (240 x 320 pixels) capable
of displaying alphanumeric characters and graphs.
5) Internal flash memory with minimum capacity of 400 MB.
6) 2 External CompactFlash memory cards, each with minimum 2 GB
of storage capacity. Provide one CompactFlash memory card
reader with USB connector.
7) One USB port for connecting external computer or memory stick
to download data.
8) Input and Output Terminal Strips: To provide easy connection of
external components. Include a minimum of 1 set of input contacts
GAS SYSTEM RECORDER 40 9123
-2-
EXH1P1T A PAGE 3 OF I_
for signal from Thermal Instruments flow meter and 1 set of input
contacts from flare thermocouple.
9) Such additional accessories as are needed for complete installation
including mounting brackets for securing to enclosure.
10) Shunt resistor: 250 Q resister suitable for connection to input
terminals to convert milliamp signal to voltage, as needed.
2.2 ENCLOSURE
A. One wall -mount, NEMA 4 enclosure for protection of recorder.
Maximum available width for enclosure is 20 inches on mounting board.
Depth of enclosure shall be sufficient to accommodate the T/4" depth of
the recorder plus room to make connections to contacts on the back of the
recorder.
B. Enclosure door shall include a window for viewing the display on the
recorder and a quick release latching mechanism. Enclosure door shall
also come with hasp and lock to secure enclosure.
C. Enclosure shall come with mounting bracket kit suitable for mounting
flow recorder, heater and thermostat inside enclosure.
D. Enclosure shall come equipped with heater capable of maintaining inside
temperature of 40' F when outside temperature is 0° F. Heater shall be
controlled by a thermostat.
3. PART 3 - EXECUTION
3.1 INSTALLATION
A. Disconnect all wiring from Honeywell circular chart recorder and remove
recorder from blower and flare panel. Dispose of recorder in accordance
with Owner's instructions.
B. Install new enclosure, heater and paperless recorder and make electrical
wiring connections to flow meter, flare thermocouple and power in
accordance with manufacturers' instructions.
C. Provide and install all conduits, wiring and connections required for new
enclosure and internal components.
D. Signal wires and power wires shall be installed in separate conduits.
GAS SYSTEM RECORDER 40 9123
-3-
EXHIBIT__-_ PAGE q OF -
E. Provide grounding systems for new equipment in accordance with the
National Electric Code and manufacturer's recommendations.
F. Heater for enclosure shall be mounted near the bottom of the enclosure
with suitable clearances on all sides of the heater as specified by the
manufacturer. Thermostat shall be mounted near the top of the enclosure
and preferably not directly above the heater.
G. Touch up scratched or marred surface of enclosure to match original
finish.
H. Prior to energizing circuitry, check that all accessible connections meet
manufacturer's tightening torque specifications.
I. Program new recorder to record and store flow and temperature data at
one second intervals.
J. Program new recorder to provide a report with the following information:
1) daily total gas volume,
2) hours of flare operation on daily basis,
3) daily minimum, maximum and average flare temperatures.
K. Program new recorder to send alarm signal to autodialer on shut down of
flare or low temperature signal.
L. Provide training on operation of paperless recorder to Owner's on -site
representative.
END OF SECTION
GAS SYSTEM RECORDER 40 9123
-4-
EXHIBIT _�L PAGE 5 F
SECTION 27 2116
AUTODIALER
1. PART 1— GENERAL
1.1 DESCRIPTION OF WORK
A. Furnish and install an autodialer with cellular phone transceiver and
connect new paperless recorder unit to the autodialer.
1.2 RELATED WORK
A. Section 40 9123 — Gas System Recorder
1.3 SUBMITTALS
A. Submit shop drawings of new equipment showing layout after installation.
B. Submit manufacturer's installation instructions.
C. Submit manufacturer's operation, service, and user's manuals in Adobe
Acrobat electronic format and one, bound paper copy of each.
D. Submit manufacturer's data software on compact disk or DVD.
E. Submit manufacturer's warranty.
1.4 PROJECT RECORD DOCUMENTS
A. Revise diagrams included in Drawings to reflect actual control device
connections. A ladder diagram and layout of existing electric panels are
included with these specifications.
2. PART 2 - MATERIALS
2.1 AUTODIALER
A. One Verbatim 300VSS-4C autodialer or approved equal.
B. The autodialer should be capable of operating from a 120-Volt, 60-Hertz,
single-phase power supply.
AUTODIALER 27 21 16
-I-
EXHIBIT, &- PAGE t, OFF
C. The autodialer shall be a solid state component and include the following
features:
1) Capable of accepting a minimum of 4 input digital alarms.
2) Capable of dialing a minimum of S phone numbers with a
minimum of 20 digits via touch tone or standard pulse format that
can be programmed by a keyboard integral to the unit.
3) Capable of distinguishing between busy and ringing signals and
able to abandon call if busy. Also provide a means for
acknowledging the call.
4) Unit shall have pre-programmed warning messages and also allow
the Owner to record messages for each input channel.
5) An internal backup battery that can be recharged by the AC power
system. Battery should be capable of 20 hours of operation during
power outage.
6) Capable of continuously monitoring presence of AC power supply.
2.2 CELLULAR PHONE TRANSCEIVER
A. One Cellularm 555BCELL-AC-C80011900 cellular phone transceiver
compatible with local cellular phone service provider's system (Sprint or
Verizon) or approved equal.
B. The transceiver should be capable of operating from a 120-Volt, 60-Hertz,
single-phase power supply.
C. The transceiver shall include the following features:
1) Backup battery system.
2) A Subscriber Identity Module (SIM) card.
3) Capable of accepting alarm signal from Autodialer and transmitting
that signal to Owner's cellular phones.
2.3 ENCLOSURE
A. One wall -mount, NEMA 4 enclosure for protection of autodialer and
transceiver. Enclosure shall be supplied by autodialer manufacturer or be
suitable for housing autodialer, transceiver, and heater.
AUTODIALER 27 21 16
-2-
EXHIglT R PAGE _7_OF_6
B. Enclosure door shall include a quick release latching mechanism.
Enclosure door shall also come with hasp and lock to secure enclosure.
C. Enclosure shall come equipped with heater capable of maintaining inside
temperature above 20' F. Heater shall be controlled by a thermostat.
3. PART 3 - EXECUTION
3.1 INSTALLATION
A. Install new enclosure, heater, autodialer and cellular phone transceiver and
make electrical wiring connections to paperless recorder and power in
accordance with manufacturers' instructions.
B. Provide and install all conduits, wiring and connections required for new
enclosure and internal components.
C. Signal wires and power wires shall be installed in separate conduits.
D. Provide grounding systems for new equipment in accordance with the
National Electric Code and manufacturer's recommendations.
E. Heater for enclosure shall be mounted near the bottom of the enclosure
with suitable clearances on all sides of the heater as specified by the
manufacturer. Thermostat shall be mounted near the top of the enclosure
and preferably not directly above the heater.
F. Touch up scratched or marred surface of enclosure to match original
finish.
G. Prior to energizing circuitry, check that all accessible connections meet
manufacturer's tightening torque specifications.
H. Program phone numbers to be dialed in event of an alarm signal from
paperless recorder.
I. Provide training on operation of autodialer and transceiver to Owner's on -
site representative.
END OF SECTION
AUTODIALER 27 21 16
-3-
ffEIIB�jTaPAGE�--i-01
--.Aw
HURSr
WNW SERVICIS W.;
October 21, 2013
Richmond RSD
Attn.: Denise Johnson
Proposal #HTS-11966
RE: Request for Quote
Dear Denise:
Per your request Hurst Technical. Services, Inc. is pleased to offer the following proposal for the
Richmond Landfill Project:`
Material and labor as per bid specifications, In accordance with Section 40 9123 and Section 27 21 16
fora total price of $15,625.00
Our technician Jim Field aftended the pre -quote meeting. at the New Paris Pike Landfill on October 15th.
Thank -.you for your consideration, if you have any questions,.please contact us.
Respectfully,
Hurst Technical Services, Inc.
Belinda Dopatka
Office Coordinator
753.0 DlSalle. Blvd. Suite 100 Fort Wayne, IN 46825
EXHIBIT --Z PAGE -j-4F--L—