HomeMy WebLinkAboutBPW-12-06-17-07/Fredericks, Inc/57,000/Carmel Chriskindlmarkt Underground Conduit WorkRESOLUTION NO. BPW 12-06-17-07
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING RECEIPT OF CONTRACT
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to
enter into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3(9), only the Mayor is authorized to sign City contracts;
and
WHEREAS, pursuant to his authority under Indiana law, Mayor James C. Brainard has caused to be
signed the City contract attached hereto as Exhibit A (the "Contract"); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for
review.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to
the public for review. �n
SO RESOLVED this day off)(f0fM, 2017.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Mary Ann
Date:
Lori t>016h, Me ber
Date: 1; /& 1!j
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Fredericks, 11)c.
information Systems Department - 2017
Appropriation # 1 l 15 44-628.00; P.O. # 100938
Contract NoCro Exceed $57,000.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement') is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Fredericks, Inc., an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 1115 44-628.00 funds. Vendor agrees to provide the Goods and Services and
to otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Fifty Seven Thousand Dollars ($57,000.00) (the "Estimate"). Vendor shall
ailing the Goods and Services
submit an invoice to City no more than once every thirty (30) days det
provided to City within such time period. City shall pay Vendor for such Goods and Services within
thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same, so long as and
to the extent such Goods and Services are not disputed, are in conformance with the specifications
set forth in Exhibit A, are submitted on an invoice that contains the information contained on
attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of
this Agreement.
32 Vendor agrees not to provide any endos onClSe�ereundeces to Cto exceed the Estimate, unless total
cost
City has
Goods and Services provided by y
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and
Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's
stated use and are fit and sufficient for their particular purpose.
5. TIME AND PERFORMANCE:
effective as of the last date on which a party hereto executes same ("Effective
This Agreement shall become
m their obligations hereunder in a timely manner. Time is of the
Date"), and both parties shall thereafter perfor
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
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Information Systems Department - 2017
Appropriation # 1 1 15 44-628.00;1'.0. # 100938
Contract Not To Exceed $57,000.00
11. NONDISCRIMINATION:
d all of its officers, employees, agents, contractors and
Vendor represents and warrants that it an
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E -VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E -Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E -Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, to -^ninate this Agreet—ne in accordance with either the provisions hereof or
�
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those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the -
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON -ASSIGNMENT:
ent, whether as collateral for a loan or otherwise, and shall not
Vendor shall not assign or pledge this Agreem
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
as provided for in this Agreement, and neither Vendor nor any
The relationship of the parties hereto shall be
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement
16, GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is fin iled Hhereu der, th y;
ey
waive their right to a jury trial, agree to file any such lawsuit in an appropriate
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
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]n('ormation Systems l:)epartment - 2017
Appropriation It 1115 44-67.9.00; P.O. It 100938
Contract Not To Exceed $.57,0110.00
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22, TERM
Unless otherwise terminated in accordance with the termination provisions set forth in 2Paragraph halg
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 1
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heaotng and Sections of +� Agreement are inserted for convenience only and do "nt form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26, IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
28, ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement amendment executed by bothhpalgovern rties hereto, or their
This Agreement may only be modified by written
successors in interest.
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I..,redericks, Inc.
Information Systems Department - 2017
Appropriation # If 15 44-628.00; P.O. it 100938
Contract Not To Exceed 557,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
CImes Brainard, Presiding Officer
e: -2- W i
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Christine S. Pauley, Clerk -Treasurer
Date:
1X;VA 1MW%CwU(a,1SW1ntrnrt. IM.cemn G� U-WG.x-Uk� :i u170W 1is1z nX+i
FREDERICKS, INC.
By:
V
Authorized Signature
Printed Name
p.&-
Title _
FID/TIN:
Last Four of SSN if Sole Proprietor:
Date:
ftedericks, Inc.
Information Systems Department - 2017
Appropriation # 1115 44-628.00; P.O. # 100938
Contract Not To Exceed $57,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
LIM
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Christine S. Pauley, Clerk -Treasurer
Date:
[X WbvkrAkACwftWsTF kridm 1 s Ccula Came E01-4 Co I.dw 11/17/2017 11:12 A W1
6
FREDERICKS, INC.
By:
Authorized Signature
0-644 �T
Printed Name
Title
FID/TIN:
Last Four of SSN if Sole Proprietor:
Date:
CONTRACTORS
09/15/2017
City of Carmel
3 Civic square
Carmel, IN 46032
Attn. Todd Luckoski
Project: Carmel Christkindl Market (Data cabling)
Proposal
• Install (2) cat 6 outdoor rated cables to from outdoor IDF rack to each cottage for
"point of sale" total of 72 Cables. Cables will route through underground conduits
and terminate in in -ground junction boxes.
• Install 1 RG6 cable from IDF rack in tunnel to IDF rack outside.
• Provide and install (2) 48 port Leviton patch panels,
• Price includes termination, testing, and cable identification.
• Price includes installing RJ45 jack couplings on each cable. Couplings by others.
Notes:
• Owner will install and provide outdoor IDF cabinet and rack.
• All underground raceways and junction boxes provided by others.
• Special RJ45 connectors provided by owner.
• Owner will provide and install patch cables.
• Patch Cables from the in -ground junction boxes to the cottage provided by others.
• Proposal is contingent on having a reasonable amount of time to complete the scope of
work.
Total price: $23,500.00 sales tax excluded.
All labor, equipment, and associated materials are included in this price.
Thank you for the opportunity to quote this project. If you have any question, please do not hesitate to call.
Sincerely,
Brandon Filbrun
P. O. Box 229 — Pendleton, IN 46064 — (765) 778-7588 — Fax (765) 778- 7589 Cell (756) 425-1307
CONTRACTORS
09/22/2017
City of Carmel
3 Civic square
Carmel, IN 46032
Attn. Todd Luckoski
Project: Carmel Christkindl Market (Underground conduit work)
Proposal Includes:
• Install Underground PVC raceway to each handhole box. Conduits routed from large pull
box located in center green area.
• Wall mounted IDF rack in tunnel. •
Install 4" raceway from conduit entry in tunnel to IDF rack.
• Includes cable management to iDF rack. specifications.
• Replace exiting fiber handhole box in lawn with new• box per spe
New 20A circuit to IDF rack from panel LRP.
• Excavation and backfill work included.
Notes:• rovided by others.
In -ground junction boxes at each cottage p
• Proposal is contingent on having a reasonable amount of time to complete the scope of
work.
• Price d
• Excavation work between Hut handhole boxes by others exc ulded.
Total price: $33,500.00 sales tax excluded.
All labor, equipment, and associated materials are included in this price.
Thank you for the opportunity to quote this project. if you have any question, please do not hesitate to call.
Sincerely,
Brandon Filbrun
p p. Box 229 — Pendleton, IN 46064 — (765) 778-7588 — Fax (765) 778- 7589 Cell (756) -425-1307
Z
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products -completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non -owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
EXHIBIT D
AFFIDAVIT
William T,Fred ricks , being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
—1—itd..riQks Inc. (the "Employer")
in the position of President
3, I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4.. The Employer is enrolled and participates in the federal E -Verify program and has
provided documentation of such enrollmeiit and participation to the City of Carmel,
Indiana,
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the 25th _day of
I cert.i:Iy under the penalties 'for perjury under the laws of the United States of Aeric l artd the Slate of
Indiana that the foregoing factual statements and representations a e anc�,dorrect.
Printed: William J