HomeMy WebLinkAbout08-21-19-02/Noise Barriers, LLC/374,500/Chiller Sound Attenuation Solution RESOLUTION NO.BPW 08-21-19-02
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,the City's mayor may enter into contracts on behalf of the
City;and
WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable 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.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
follows:
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.
j�
SO RESOLVED this �/ day of It(67 F ,2019.
CITY OF CARMEL,INDIANA
By and through its Board of Public Works and Safety
BY:
Ja s Brainard,Presid. ,er
Date:
Ma Ann urke,Membe/ al/
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Date: �f
10
Lori S. W. son, ►. r
Date: al 19
A th
ze.._ r
istine Paule ,Cler - ► ewe
Date: 'oW/7
S:\E Bass\My Documents\BPW-Resolutions\2019\Acknowledge Noise Barriers,LLC.docx8/12/2019 11:01 AM
Noise Barriers,LLC
Department of Administration-2019
Appropriation# 1208 43-509.00;P.O.#103026
Contract Not To Exceed$374,500.00 Qf
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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 Noise Barriers, LLC, 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 1208 43-509.00 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. Vendor shall substantially complete its provision of the
Goods and Services no later than November 15, 2019.
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 Three Hundred Seventy Four Thousand Five Hundred
Dollars($374,500.00) (the "Estimate"). Vendor shall submit an invoice to City no more than
once every thirty (30) days detailing the Goods and Services 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.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total
cost of the Goods and Services provided by Vendor to City hereunder to exceed the
Estimate, unless City has 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
Noise Barriers,LLC
Department of Administration-2019
Appropriation# 1208 43-509.00;P.O.#103026
Contract Not To Exceed$374,500.00
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 statec use and are fit and sufficient
for their particular purpose.
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which 3 party hereto executes same
("Effective Date"), and both parties shall thereafter perform their obl gations hereunder in a timely
manner.Time is of the 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 it or during the provision of the
Goods and Services provided hereunder, including the quantity, quElity and concentration thereof
and any other information relating thereto. At the time of the delively of the Goods and Services
provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice
(including appropriate labels on containers and packing) of any ha;:ardous material utilized in or
that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any
such lien is filed and Vendor fails to remove such lien within ten (10)(Jays after the filing thereof, by
payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's
sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of
this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as
specified herein; (c) fails to make progress so as to endanger timely and proper provision of the
Goods and Services and does not correct such failure or breach within five (5) business days (or
such shorter period of time as is commercially reasonable under the circumstances)after receipt of
notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into
receivership, makes a general assignment for the benefit of creditors lor dissolves, each such event
constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts
of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies
available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the tE rm of this Agreement, with an
insurer licensed to do business in the State of Indiana, such insurance as is necessary for the
protection of City and Vendor from all claims for damages under any workers' compensation,
occupational disease and/or unemployment compensation act; for bodily injuries including, but not
limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers,
employees, contractors and subcontractors; and, for any injury to or destruction of property,
including, but not limited to,any loss of use resulting therefrom. The Goverage amounts shall be no
less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name
Noise Barriers,LLC
Department of Administration-2019
Appropriation# 1208 43-509.00;P.O.#103026
Contract Not To Exceed$374,500.00
City as an additional insured on all such insurance policies, shall promptly provide City, upon
request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty(30)days prior notice to City. Vendor shall indemnify and hold harmless City
from and against any and all liabilities, claims, demands or expense,; (including, but not limited to,
reasonable attorney fees) for injury, death and/or damages to any p srson or property arising from
or in connection with Vendor's provision of Goods and Services pursuant to or under this
Agreement or Vendor's use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents
and employees from all claims and suits of whatever type, including, but not limited to, all court
costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of
Vendor's agents, officers, employees, contractors or subcontractors in the performance of this
Agreement. These indemnification obligations shall survive the termination of this Agreement.
0, 10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations
and codes which may be applicable to Vendor's performance its obligations under this
Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor
agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from
any such violation of such laws, orders, rules, regulations and codes. This indemnification
obligation shall survive the termination of this Agreement.
1, 11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, emplo 'ees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City
prohibiting discrimination against any employee, applicant for emplcyment or other person in the
provision of any Goods and Services provided by this Agreement wit i 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, r ational origin, ancestry, age,
disabled veteran status and/or Vietnam era veteran status.
pi 2. 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 i;4t 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, terminate this Agreement in accordance with either the provisions hereof or those set
forth in the Indiana E-Verify Law. The requirements of this paragraphs shall not apply should the E-
Verify program cease to exist.
Noise Barriers,LLC
Department of Administration-2019
Appropriation# 1208 43-509.00;P.O.#I03026
Contract Not To Exceed$374,500.00
V- )13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of an 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:
Vendor shall not assign or pledge this Agreement, whether as collzteral for a loan or otherwise,
and shall not delegate its obligations under this Agreement without Cry's prior written consent.
•
\ 15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Vendor nor any 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 Agreerr ent
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 :hat, in the event a lawsuit is
filed hereunder, they waive their right to a jury trial, agree to file any ;.uch lawsuit in an appropriate
court in Hamilton County, 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 ;.tatute, 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.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by
postage prepaid U.S. certified mail, return receipt requested, to th party to be notified at the
address specified herein:
If to City: City of Carmel AND Douglas C. Haney,
One Civic Square Corporation Counsel
Carmel, Indiana 46032 Department of Law
Attn:Jim Crider One Civic Square
Carmel, Indiana 46032
If to Vendor: Noise Barriers, LLC
2001 Kelley Court
Libertyville, IL 60048
Attn: David Mitchell
Noise Barriers, LLC
Department of Administration-2019
Appropriation# 1208 43-509.00;P.O.#103026
Contract Not To Exceed$374,500.00
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective
if given orally, as long as written notice is then provided as set forth hereinabove within five (5)
business days from the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon
notice to Vendor, immediately terminate this Agreement for cause, in the event of a default
hereunder by Vendor and/or if sufficient funds are not apprdpriated or encumbered to pay
for the Goods and Services to be provided hereunder. In tie event of such termination,
Vendor shall be entitled to receive only payment for the undisputed invoice amount
representing conforming Goods and Services delivered a.; of the date of termination,
except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater
amount.
19.2 City may terminate this Agreement at any time upon thirty (30)days prior notice to Vendor.
In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount of conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in
effect at the time of termination, unless the parties have prE viously agreed in writing to a
greater amount.
19.3 The City may terminate this Agreement pursuant to Paragrapi 11 hereof, as appropriate.
00. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that
the persons executing this Agreement have the authority to bind the party which they represent.
1. 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 se vices 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 pro'risions set forth in Paragraph
19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31,
2019 and shall, 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.
Noise Barriers,[LC
Department of Administration-2019
Appropriation# 1208 43-509.00;P.O.#103026
Contract Not To Exceed$374,500.00
V‘ 23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a
part of this Agreement nor limit, expand or otherwise alter the meanin�of any provision hereof.
v24. 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.
C25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City<<nd Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that n Dither it nor its principals nor
any of its subcontractors are presently debarred, suspended, propcsed for debarment, declared
ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any
department, agency or political subdivision of the State of India la. The term "principal" for
purposes of this Agreement means an officer, director, owner, partner, key employee or other
person with primary management or supervisory responsibilities, or a person who has a critical
influence on or substantive control over the operations of the Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment
status for all subcontractors receiving funds under this Agreement and shall be solely responsible
for any recoupment, penalties Or costs that might arise from use )f a suspended or debarred
subcontractor. The Vendor shall immediately notify the City if any sub;ontractor becomes debarred
or suspended, and shall, at the City's request, take all steps required by the City to terminate its
contractual relationship with the subcontractor for work to be performed under this Agreement.
N
27. ADVICE OF COUNSEL:
U _ The parties warrant that they have read this Agreement and u lderstand 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 ag•eements 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 shall govern and prevail. This Agreement may only
be modified by written amendment executed by both parties hereto, or their successors in interest.
Noise Barriers, LLC
Department of Administration-2019
Appropriation# 1208 43-509.00;P.O.#103026
Contract Not To Exceed$374,500.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Ac reement as follows:
CITY OF CARMEL, INDIANA NOISE BARRIERS, LLC
by and through its Board of Public
Works and Safety
By: By
(7r\;
ames Brainar. g 0f icer q Auth. ignature
Date: ''/� ,Z O//
Printed Narie
Mary Ann Burke, Member I
Date: �� �5 (� SCE r,t-} Rt,G t br)
Title
Lori S. Watson, Member FID/TIN:3i? ' /t7"7()2R
Date:
Last Four oi SSN if Sole Proprietor:
ATTEST:
Date: -/ ) JI/i
Christine S. Pauley, Clerk-Treasurer
Date:
2001 Kelley Court
rc , 31 NOISE BARRIERS. LLC. Libertyville, IL60048
Ph: 847-843-0500
ARCHITRCTT IRA I !Wfl1J'TR IA I.NnISE CONTR!)l.
eNoise Control Inc.
129 Penn Street
Westfield, IN 46074
Ph:317-774-1900
PROPOSAL TRANSMITTAL
TO: John Duffy
FROM: Dave Mitchell/Dan Heston
COMPANY: City Of Carmel
DATE: July 17, 2019
PAGE: 1 of 4
Re: Name of Project Carmel Chiller Enclosure NB Quotation #060319
Gentlemen:
We are pleased to submit our proposal to provide all acoustic panels, labor, equipment and miscellaneous
materials necessary to furnish and install (optional) a ground mounted acoustical barrier for the above
referenced project, we submit our proposal as follows:
One set of Noise Barriers, LLC Quitline Type V Stack barrier panels, silencers,panel joiners, and
miscellaneous materials to construct a six-sided, finish painted acoustic barrier enclosure.
Approximate dimensions:
• Not including silencers - 13' 10"wide x 58' long x 14' 4" high
• Including silencers 20' 0" wide x 58' long x 20' high
Including:
• Panel construction is Type Quiet Line, 5" thick G90 galvanized steel panels. Barrier panels have an
acoustic rating of STC 38. Panels is include "weep" holes to facilitate drainage.
• Chiller will require 312,000 cfm of ventilation air. Inlet air will be via a 30" high bank of silencers
along each side of the barrier wall. Pressure drop from the silencers will be approximately .15" water
column. Expected acoustical performance of the silencers is expected to be:
63 125 250 500 1000 2000 4000 8000
6 8 14 23 27 20 14 8
Exhibit i
• Two feet above the chiller fans there will be a bank of 30"x 48"x 120"long silencers.Silencers will
have a pressure drop of less than .15"water column. Sound attenuation achieved is expected to be:
63 125 250 500 1000 2000 4000 8000
12 20 34 42 51 52 43 22
• Four-inch thick acoustic panels will be placed in the mezzanine under structure to keep noise from
escaping beneath the chiller. Model HP 42 panels will have an acoustic rating of STC 42.
• All necessary miscellaneous flashing constructed of G90 galvanized steel.
• Polyester powder finish painted(columns,panels, silencer,pergola panels and flashing)in color
selected by owner from standard Noise Barriers' color chips or RAL Color Chart
• Finish can be glossy, textured. Disclaimer: If glossy finish is selected oil-canning may be noticeable in
certain light conditions.
• All structural support steel consisting of Wide Flange beam columns on base plates. The steel frame is
designed to be free standing. It will be installed on the top of the existing chiller mezzanine. This
assumes the chiller mezzanine will be able to support the weight of barrier enclosure and the
wind load it will experience.
• Structural steel is hot dip galvanized.
• In lieu of finish painting the columns 16-gauge column covers will be installed on the exterior side of
the wall concealing the column.
• We include quantity one (1)3'-0"x 6'-8" single leaf, flush,STC 38 personnel door with passage
lockset and closer.
• Structural calculations for 100-MPH wind loads stamped by an engineer licensed
Illinois.
Price for Materials (including design engineering and installation
drawings)... ... ... ... ... .. ... ... ... ... ... ... ............$244,000.00... ... ... ... ... ... ... ... ... ... ........ ... ... ... ... ... .
BARRIER PRICE EXCLUDES:
• All structural calculations to ensure mezzanine steel can support the barrier wall system.
Estimated weight: 57,000 pounds.
Exhibit_A—.
2. -i( I
RECEIVING and SITE PREPARATION:
Responsibilities of customer:
• All receiving,off-loading and storage of the above described goods in close proximity to project site.
• Storage of goods. All items must be protected from the elements prior to installation.
• Security of received components at the job site.Lost or damaged items will be replaced and or repaired at
the customer's expense.
• Removal of handrails and any other obstructions either on or beneath the mezzanine.
• Building permits.
• Proximate space for crane set-up for approximately 2 weeks.
• Access to power source and toilets on site.
• Disposal of any removed components,crates and debris.
INSTALLATION:
• Estimated cost for complete installation of the barrier wall system including structural steel,barrier
panels, door with hardware,all necessary flashing, and receiving and unloading of materials,
including supervision, labor, tools, equipment and miscellaneous expenses,
add... ... ... ... ... ... ... ...... ... ... ....... ...$124,000.00
Installation price is based on non-union, straight time labor and clear,uninterrupted access. We
reserve the right to work at our discretion over 8 hours per day at no additional cost. If overtime is
required by the owner, there may be additional charges.
Installation price includes 1S`crew mobilization. If additional mobilizations are required due to site
conditions or customer requests there will be an additional cost of,
add... ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ....$2,500.00
Installation excludes all electrical,piping, concrete work, setting anchors and landscaping and any
other tasks not called out in this proposal.
SUBMITTAL PACKAGE:
• This proposal includes submittal drawings and other necessary submittal items required for this project.
• We will provide a 2nd submittal package with changes requested by our customer, Architect or General
Contractor at no charge.
• If we make an error on the drawing,we will make any corrections and re-submit at no charge.
• If a 3rd or more submittals are requested by others we will charge a fee of $150.00 per hour to make
revisions to the drawings. We will provide a quote prior to commencing the re-submittal and we will need
a Change Order before we proceed.
FREIGHT ESTIMATE: $6,500.00
• Freight costs have become very volatile due to fuel surcharges and driver shortage. This is not expected to
improve any time soon and is beyond our control.
• No freight company will guarantee a delivery date or time. If you have a project that is delivery time
sensitive please authorize us to make and ship your product at least a week prior to your required delivery
date.
Exhibit A
,('((
o If you cannot accept earlier shipment try to make arrangement with a 3rd party logistics company of
moving and storage facility to receive your materials and then deliver with a local truck the day
required.
o In some shipments we can add an on-board GPS tracker if you need up to the minute information
on the status of your shipment.The cost is $100.00 per shipment.
• We want to get you the least expensive freight cost possible.
• Our freight is an estimate of the shipping cost based on quotes we receive at time of quote. The actual
freight cost will be verified by Noise Barriers just prior to shipment. You will be notified and can accept
the revised freight cost(which could be higher or lower) and:
o Authorize Noise Barriers to handle the freight.
• If you want us to take responsibility for freight, we include a handling fee and we are
responsible for the shipment until you receive it.
• Noise Barriers will need to file any freight claims if necessary.
o Or,should you want to arrange for the freight:
• We will assist you in obtaining a quote but you will need to book the freight.
• If you handle the freight arrangements you own the freight once it is loaded on the truck
and will need to file any freight claims if necessary.
DELIVERY:
• Approval drawings: Two-Three (2-3)weeks.
• Fabrication(after approval): Seven-Nine (7-9) weeks or less.
TERMS:
• Taxes,permits, fees, performance bond not included.
• Prices firm for 30 days and subject to credit approval.
• This quotation/proposal is subject to Noise Barriers' Terms and Conditions dated 03/01/2018.
• Materials:
o 15% with order to prepare submittal drawings.
o 35% upon approved drawings and prior to start of manufacturing.
o 50% upon shipment, net 30. Payments past due are subject to 1-1/2% per month.
o No Retainage.
o Freight will be billed separately if listed as an option on this quote and terms are net 10 days.
No exceptions.
• Labor:
o 50% deposit in advance to mobilize.
o 45% invoice upon completion.
o 5% retainage not to exceed 30 days from substantial completion.
Respectfully Submitted,
Dan Heston David Mitchell
eNoise Control Inc. Noise Barriers, LLC
Exhibit
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Noise Barriers LLC has over 40 years experience in sound
control engineering supply and installation. We believe our job
isn't to sell hardware but rather to design solutions. We offer
outstanding quality products and our specialty is pleasing the
most demanding customers with our quality, price and
service. When you have a noise control problem, think of
Noise Barriers LLC. Let us help solve your noise problems./
Exhibit ! _
*).) NOISE BARRIERS, LLC. www.noisebarriers.com cS((
Features:
• Lightweight • Maximum acoustical &F° #try t k
-� - ti- �t7 .-� '', o _e10 S k s Z.i_ i
• Durable Performance :;' ' W. fi �� Y�,,, 4- 'N,, Y< ; ' -� tt
• Galvanized, aluminum, ° All products inde .. `- sx?;, : , ,
pendently tested ,'; •
� a
or stainless steel P Y ,,
• Two, four, or five-inch (STC 37 &above, NRC
thicknesses 0.95& above) .
• 10 year warranty ,=�"`"r
• Easy installation and \.
removal • Weather resistant �;� . Rooftop Barriers with "Green" planted
• Horizontal or vertical • Graffiti resistant '''� - roof consisting of flowers and grass.
installation • Unlimited color selection \.... -
• Self-draining
;"'#' ..._,-; . .'...• ? v im -ti ..
, S Sf µ C f
, : 1-.a li Model V-Stack with a siding to match
c_.... L_.__. __ ..._.. _. _...: _,. ,.-. .v _,�.:. , ;:, i:-1..ara , 4 Y a_�1:—„C_> .pp.
Interior or Exterior Barrier Wall Systems:
Barrier Walls are normally used to place a sound barrier between
Model V-Stack a noise source and a target population. This barrier creates a
"sound shadow" zone of quiet that can be tailored to cover
W/Model 1250 LouversJ. almost any size area either indoors or out.
When you contact Noise Barriers LLC, we work with you from
beginning to end. Our goal isn't to sell you equipment; it's to
r - h4 1r 4 ._ create a solution for your particular problem. We'll help design
` �1 f' your barrier from the ground up to protect your particular
-1,- -` ', environment at the lowest cost possible.
.� K P Y-" ••` i` Whether you need to protect an entire neighborhood or just a
r g portion of one building, Noise Barriers LLC has a solution for
., , r tiov ;.�� .. you. Regardless of the size of your job, we have the right mix of
}L), Y hT. � `, i one-sided or two-sided, sound absorbing or reflecting materials,
to reduce noise levels without breaking your budget.
__ .,, - Absorptive noise control barriers provide maximum noise
E r - s;i reduction with lightweight modular panels and/or louvers. The
1- . r r noise barrier system is easy to install and easy to relocate. Panels
,,: ^ and louvers are constructed of galvanized steel or aluminum and
.--$1-:ff ' , finish painted in a weather resistant polyester powder coating.
E A ,„ ,, The finish is also graffiti resistant and cleanable.
�,' R: ,� -, .- ' ' An existing wall can be lined with QuietLine sound-absorbing
ft � '>� .
4 , t,,' ;;`-„" . r,- a,f cladding panels as an effective, cost-efficient method of reducing
�.'° • reflected sound.
Exhibit A
V U-(" `
Model V=Stack
4 Modet SL-R (Concealer)
4
A-, r�Fmom ' .-75 '..' ?i^vi:-- . � ..
I.
i44
.. .�✓D¢c-r �r_.c=-'xev" wa+cr+..N _-sac.._. '
1 h-
Y .-'�~F ,-- 7 .4��'{'"{ ..t. it,, '}-- f , r Y, �'Y N % C S ----- . 1
3 t '�- L }
r
\t' H • r '
>.4..x.A4 - .?SsLL 4 'A,
Model SL-R (Concealer) �'
i
Our design services include layout, structural steel support Model V-Staff
framework, foundation design (for ground level barriers), access
doors and certified calculations including P.E. or S.E. stamp. •; ; .
Perfect for new construction or retrofit to an existing structure. 471 1, :rho!` ` :s tl$
Free-Standing or Elevated Panel Construction �� t N �X`� a
a.. �.a�' {3011l8J to
• Allows for maximum flexibility of design and utility
on the ground or on the rooftop ' '4; ^� En\ IL
• One-or two-sided sound absorption u `� #
• Steel or aluminum construction • Model V St:
• Perfect for retrofit installation to solve existing �� F` . 4
r v 4 1.' 1.Y, ..
noise problems ,,:t < 4 sS. Y
• Low-weight construction ideal for roof or bridge .,
mounted applications . 4 `
• Designed to withstand high wind loads "` 4iaw
All-Weather Applications frx r - ``: '
• Barrier modules are designed and built to minimize • � 4
water invasion t
T 1 *I• Panels resist "wicking" moisture through the bottom � � 4,r
and are self-draining •''``fi I.
f
• Exterior finishes resist harsh cleaners, commonAk z-:
Exhibit `{
chemicals and salt exposure ,.
• Poly powder coating 7v-F(' f .,
Y .
Acoustic Performance Data
Octave Band Center Frequency, Hz 125 250 500 1K 2K 4K STC
Sound Transmission Loss Data dB
Barrier Panels:
I kr 1 in rm x a T. s.s __` 1_,_- a ,. 5 ,
_ y w
s.
R.•.•� Ll. n E c�hek ir. .RauC•kZuh -�44 ah- ". • 4YJ s. .._ .n
V-Stack Steel 22 26 35 45 47 48 38
[,B r @r r`W n • ... 1 ,A fi dr , ' p s4- ,x } •'- , !a:
tx.:.t_..::�r� .�- 7rn:i����c�R.y�i.�Iz�4Y��.;, �,Y .`•.s���a� ~..,s..1ts.e �Fs..e'�XF.&` .t,�i'.1 �.'-P.i'4?k. .:CJ,f.-.�� q.. x-.
SL-R Barrier 18 26 35 45 49 52 37
r '�`'t''� ,F ,,,,'' ,�q� t �'" f .z7; '�9s'"7g7:- 4 i-'4:( 6 5A •et �s f.a -7.7 t: 3 --w tr.az*:•
`C{-s-'•c/1 tt r'. ny '-. '44' -Y,d�:F.4,11r- � t� h tr:�d•.v 2 �tf.-•.{e,.y 3 a s)t�'0:q .-' +`t'. t`.:...pakce ti `�J� g-- kr. ";i
6Hf/-P 38 24 25 33 43 50 55 38
'�-yy,"�p' '�:.z �-�'.�,�. Yam'*.. � x�m^ 1F• �'�'' r r�,�'�"��".'�STD;< s,. 7 r y;`��%-�, ,� F,iiy�'+•;'�`c��.,•�;;*'�ar�;�':-L ��:'
, .7 .1 1 i,s=.,.. . u 1,151 A 1�. 40,y P O 49 z- 1 ,A 2;.-:
H/H 50 26 44 50 54 57 64 50
'-FITTLi s ;`�,:T as M 1 t -+ r r 7 KIVAI.-3' 'i'a 6''"�°,
vex ` 'tln.', ,'%3,t''fr..' *: vxi'=�a ��3 � .r;.ry `„f.4s. ��r;�Fy,2: ..,...:Lz^'` �' a'ut�is r: , �'� �":.
All tests performed by Riverbank Acoustical Laboratories,an Independent NVLAP accredited acoustical testing facility.
The test method conforms with ASTM Designations E90-99 or E90-02 and E413-87.
Octave Band Center Frequency,Hz 125 250 500 1K 2K 4K NRC
Sound Absorption Coefficients
Barrier Panels:
V-Stack Aluminum s� -�:0.89 1.23 1.18 1.08 1.06 0.95 0.95 (1.15)
V-Stack Steel 0.86 1.20 1.17 1.07 1.08 1.02 0.95 (1.15)
SL'BArrier(All Models) i:`0.92 1.15 1.22 1.13 1.08 (" )
1.04 0.95 1.15
H/P 42 0.68 1.06 1.12 1.08 1.03 0.98 0.95 (1.05)
All tests performed by Riverbank Acoustical Laboratories,an independent NVLAP accredited acoustical testing facility.The test method
Conforms with the requirements of the ASTM Standard Test Method for Sound Absorption and Sound Absorption Coefficients by the
Reverberation Room Method:ASTM C423-90a and E795-00.
Model SL - -
k 1p�121P'-A/AM,t►, ' i, :z -,rn$,s ` ' ` '`� ' 1r 1., -:
I SAL
H . E'•4 te.,- Y iy"�j '.F��j''T
i - ,ij ET y' i`
24..4•. 1
Model SL-R
Please contact us for specific product specifications and descriptions. CAD drawings
and configurations to meet special requirements are available upon request. ( ;.;111:...,4..:r. a��Cc�)�NOISE BARRIERS, LLC. r �' _
q
Sz? F P 1.`
www.noisebarriers.com 1 >" ��,
2001 Kelley Court _ ,; -� ' F
Libertyville, IL 60048
Phone: (847) 843-0500 !- '' ^ 4k `
Fax: (847) 843-0501 Exhibit /
QL-08-14-TH
r
Itemized Cost Breakdown for All Project Expenses
Materials $ 244, 000.00
Installation $ 124, 000.00
Freight $ 6, 500.00
Total $ 374, 500.00
Exhibit
Warranty
Exhibit 7
2001 Kelley Court
rc, NOISE BARRIERS. LLC. Libertyville, IL60048
Ph: 847-843-0500
ARC771Trc777RAI.,c[NW n.cIRIA,.,wu.crcGNnrnr Fx: 847 843 0501
www.noisebarriers.com
info a noisebarriers.com
July 17, 2019
Carmel Board of Public Works and Safety
1 Civic Square
Carmel, IN 46032
Carmel Chiller Acoustic Enclosure Project
RE: Warranty Letter, Cleaning and Protection
NB-Quiet Line Panels
To Whom It May Concern:
Noise Barriers, LLC submits this letter as a formal guarantee against defective materials and workmanship,
improper performance and non-compliance as required by the Contract Documents for all work performed at
the above referenced project.
This document serves as a One (1) year written warranty for the materials and equipment provided for the
above referenced project. This warranty shall commence upon the delivery date of the materials. Defects
will be promptly repaired or replaced without cost to the owner during the warranty period, upon formal notice
from the Owner.
The Panels shall be delivered in manufacturers original, unopened, undamaged containers with identification
labels intact. Use all means necessary to protect the materials before, during and after installation and to
protect the installed work and materials of other trades. Keep materials in the shipping containers until
commencement of installation.
After completion of the installation, remove all dust, dirt and other debris from the facing and trim of the panel
system. Use a damp sponge for stubborn materials and wipe dry afterwards. If materials are not removable
with damp sponge and a solvent could be required, please consult the factory prior to proceeding.
If you have any further questions, please contact us.
Sincerely,
David Mitchell
Noise Barriers, LLC
Direct Phone: 847 274 0841
Office Phone: (847) 843 0500
Email: d.mitchell@noisebarriers.com
Exhibit
EXHIBIT B
Invoice
Date:
Name of Company:
Address &Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation&Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit(other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal &Advertising Injury
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: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
EXHIBIT D
AFFIDAVIT
Curti V a D M jS>ti kC.L t— , 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
r✓&i.sf {aAAP-ti. (the"Employer")
in the position of-O A L t3 MA r., A,6>1.C.-•Sc,t'iii\ k uc,l c,.--1
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 enrollment 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 (l day of �,t"_&r , 201 1 .
Ai\,...
z DI (\v‘,211,1
Printed:_ �V r T I��-5'' l�t l 1
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
� ,kn.�t L C ' O'1 I01___
Printed: f' �f!`k.. ..icum UCH
1
r c c' Pic;s'c" 11
INDIANA RETAIL TAX EXEMPT Page 1 of 1
City ®f Carmel4 CERTIFICATE NO.0031201550020 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 103026
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,A/P
CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO VENDOR NO DESCRIPTION
7/23/2019 373446
NOISE BARRIERS LLC Human Resources
VENDOR 2001 KELLEY COURT SHIP 1 Civic Square
TO Carmel, IN 46032-
LIBERTVILLE,IL 60048-
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
38282
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department 1208 Fund 101 General Fund
Account 43-509.00
1 Each Other Contracted Services $374,500.00 $374,500.00
Sub Total $374,500.00
({..-;:zsl OF CA'h4f)
III
30_ _. �_._.
yy-..S a 111 ass SIBS •
Send Invoice To
Human Resources
1 Civic Square
Carmel, IN 46032- iJ I AO
PLEASE INVOICE IN DUPLICATE
DEPARTMENT I ACCOUNT I PROJECT I PROJECT ACCOUNT I AMOUNT
PAYMENT $374,500.00
SHIPPING INSTRUCTIONS 'A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID AFFIDAVIT ATTACHED I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
*C.O.D.SHIPMENT CANNOT BE ACCEPTED THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
ISORDER
'PURCHASE SSUE IN BER MUST APPEAR H ALL SHIPPING
99, ING LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
James Crider James Crider
TITLE Administration Administration
CONTROL NO. 1 03026 CLERK-TREASURER