HomeMy WebLinkAboutPaperless Packet for BPW 12.15.211
Board of Public Works and Safety Meeting
Agenda
Wednesday, December 15th, 2021 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the December 1st, 2021, Regular Meeting
2. BID/QUOTE OPENINGS / AWARDS (3 ITEMS)
a. Request to Reject Sophia Square Waterproofing Bids; Lee Higginbotham, Street
Commissioner
b. Request to Proceed with Rebid Process; Sophia Square Waterproofing; Lee
Higginbotham, Street Commissioner
c. Bid Award for Path Preservation; Lee Higginbotham, Street Commissioner
3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS (3 ITEMS)
a. Resolution BPW 12-15-21-01; Napleton Kia Compensatory Storage; Erosion Control;
EFN North Indy Properties, LLC
b. Resolution BPW 12-15-21-02; Jackson’s Grant Section 1A; Erosion Control; Jackson’s
Grant Real Estate Company, LLC
c. Resolution BPW 12-15-21-03; Jackson’s Grant Section 2; Erosion Control; Jackson’s
Grant Real Estate Company, LLC
2
4. CONTRACTS (14 ITEMS)
a. Request for Purchase of Goods and Services; Leach & Russell Mechanical Contractors;
($5,236.00); HVAC Annual Inspection; Additional Services Amendment; Lee
Higginbotham, Street Commissioner
b. Request for Purchase of Goods and Services; College Avenue Design, LLC d/b/a Sweet
Event Planning; ($16,200.00); Event Planning; Additional Services Amendment; Nancy
Heck, Director of the Department of Community Relations
c. Resolution BPW 12-15-21-04; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; OfficeWorks
Services; ($19,090.53); Office Furniture; Jon Oberlander, Interim Corporation Counsel
d. Request for Purchase of Goods and Services; Ertel Roofing; ($40,400.00); Data Center
– Roofing; James Crider, Director of Administration
e. Request for Purchase of Goods and Services; Lacy Construction Group, Inc. d/b/a/ The
New Group; ($22,400.00); Data Center – Weather Barriers; James Crider, Director of
Administration
f. Request for Purchase of Goods and Services; Roberts Glass & Service; ($4,100.00);
Data Center – Front Doors; James Crider, Director of Administration
g. Request for Purchase of Goods and Services; Bowen Engineering Corporation;
(increase $240,930.00); Contract 100 WWTP; CO #4; John Duffy, Director of the
Department of Utilities
h. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.;
($130,000.00); 21-ENG-06 – On-Call Plan Review 2021-2022; Additional Services
Amendment #21; Jeremy Kashman, City Engineer
i. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.;
($210,000.00); 21-ENG-05 – City Center Drive & Veterans Way RAB – Preliminary
Engineering; Additional Services Amendment #22; Jeremy Kashman, City Engineer
j. Request for Purchase of Goods and Services; GAI Consultants; (increase $88,330.00);
20-ENG-13 – 106th Street and Westfield Blvd RAB - Design; Amendment to Professional
Services Agreement; Jeremy Kashman, City Engineer
k. Request for Purchase of Goods and Services; Mammoth, Inc.; (decrease $45,000.00);
Contract 19-02; CO #1; Bob Higgins, Brookshire Golf Course
l. Request for Purchase of Goods and Services; Facility Commissioning Group;
($73,030.00); Carmel Police Dept Headquarters and Court BOT – Commissioning;
James Crider, Director of Administration
m. Request for Purchase of Goods and Services; H W C Engineering; ($212,500.00);
21-ENG-03 – Orchard Park Drainage; Jeremy Kashman, City Engineer
n. Request to Acknowledge Completion Date Adjustment; White Construction, LLC;
Increase Project Time; Contract 16-SW-85; CO #1; Jeremy Kashman, City Engineer
5. REQUEST TO USE CITY STREETS/PROPERTY (2 ITEMS)
a. Request to Use Civic Square Gazebo; Wedding Ceremony; May 28th, 2022; 9:00 AM –
7:00 PM; Indonesia Johnson
b. Request to Use / Close City Streets; Ghosts and Goblins 5k/2k Walk/Run; October 22nd,
2022; 7:00 AM – 11:00 AM; Jennifer Penix, Carmel Education Foundation
3
OTHER (12 ITEMS)
a. Request for Temporary Construction Entrance; Asherwood Subdivision – 9990 Ditch
Road; Jonas Lewandowski
b. Request for Curb Cut; 12 Woodland Circle; Brad Hill, Brad Hill Custom Homes
c. Request for Lane Restrictions / Sidewalk Closure / Open Pavement Cut; Civic Square
Parking Garage – SE Corner of Monon Green Boulevard and Veterans Way; Joe
Ferraro, F.A. Wilhelm
d. Request for Lane Closure / Sidewalk Closure; Garden Table Restaurant – 350 Monon
Boulevard – Along Elm Street; Tom Mayer, Boaz Construction
e. Request for Lane Restrictions / Open Pavement Cut; Lakeside Apartments - 147 West
Carmel Drive; Duke Energy
f. Request for Waiver of BPW Res. No. 04-28-17-01 / Lane Restrictions / Pavement Cut;
13000 North Meridian; Telecom Placement
g. Request for Lane Closure / Sidewalk Closure; 350 Monon Boulevard – Along
Veterans Way; Ken Woods, ISF Signs
h. Request for New Curb Cut / Curb Cut Vacation; 510 2nd Avenue NE; Joe Logan,
Timothy Homes
i. Request for Storm Water Technical Standards Waiver; Jackson’s Grant Section 8 –
116th Street and Springmill Road; Brian Brown, Stoeppelwerth
j. Request for Storm Water Technical Standards Waiver; Our Lady of Mt. Carmel –
14598 Oak Ridge Road; Karen Collins, A&F Engineering
k. Request for Storm Water Technical Standards Waiver; Windsor Building – Carmel
Clay Center; David Huffman, Circle Design Group
l. Request for Secondary Plat; Ambleside Section 1A; Kyle Eichorn, HWC
6. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, December 1st, 2021 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
MEETING CALLED TO ORDER6
7
Board Member Mary Ann Burke called the meeting to order at 10:02 AM 8
9
MEMBERS PRESENT10
11
Board Members Lori Watson, Mary Ann Burke, and Deputy Clerks Jennifer Stites and Holly Harmeyer were 12
present. 13
14
MINUTES15
16
Minutes from the November 17th, 2021 Regular Meeting. Board Member Burke moved to approve. Board Member 17
Watson seconded. Request approved 2-0. 18
19
BID/QUOTE OPENINGS AND AWARDS20
21
Bid Opening for Well 29, Contract 105; Lori Watson opened the bids and Board Member Mary Ann Burke read 22
them aloud: 23
24
Contractor Bid 25
National Water Services LLC $1,077,770.0026
Layne Christenson Company $ 999,795.0027
28
29
Bid Opening for Sophia Square Waterproofing Repairs; Lori Watson opened the bid and Board Member Mary 30
Ann Burke read it aloud: 31
32
Contractor Bid 33
Western Waterproof Co Inc. Base Bid: $1,107,48634
dba Western Specialty Contractors Alternate 1: Deduct $81,020 from Base Bid 35
Alternate 2A: Add $102,460 to Base Bid 36
Alternate 2B: Add $86,460 to Base Bid 37
38
39
40
41
42
43
44
45
46
47
48
Bid Opening for Path Preservation; Lori Watson opened the bids and Board Member Mary Ann Burke read them 49
aloud: 50
51
Contractor Bid 52
Evans Development Base Bid: $186,456.87 53
Alt Bid 1: $223,068.87 54
Alt Bid 2: $204,762.87 55
Alt Bid 3: $212,898.87 56
57
Grand Industrial Base Bid: $174,132.00 58
Alt Bid 1: $217,332.00 59
Alt Bid 2: $195,732.00 60
Alt Bid 3: $205,332.00 61
62
63
Pavement Solution, Inc. Base Bid: $264,386.32 64
Alt Bid 1: $318,818.32 65
Alt Bid 2: $291,602.32 66
Alt Bid 3: $303,698.32 67
68
69
70
71
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 72
recommended awarding the bid for Cite Work to Fredericks, Inc in the amount of for $563,433.00, as they were 73
the lowest and most responsive bidder. 74
75
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 76
recommended awarding the bid for Precast Concrete to Strescore, Inc in the amount of for $45,300.00, as they 77
were the lowest and most responsive bidder. 78
79
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 80
recommended awarding the bid for Building Concrete to F.A. Wilhelm Construction Co, Inc in the amount of 81
for $130,000.00, as they were the lowest and most responsive bidder. 82
83
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 84
recommended awarding the bid for Masonry to BMI Corp. d/b/a Biancofiori Masonry, Inc in the amount of 85
for $248,000.00, as they were the lowest and most responsive bidder. 86
87
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 88
recommended awarding the bid for Electrical Goods and Services to Fredericks, Inc in the amount of 89
for $198,759.00. They were the 2nd lowest and most responsive bidder. The lowest bidder was not responsive. 90
91
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 92
recommended awarding the bid for Technology Phase I to ERMCO, Inc in the amount of for $170,421.00, as they 93
were the lowest and most responsive bidder. 94
95
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 96
recommended awarding the bid for Weather Barriers to Lacy Construction Group, Inc d/b/a The New Group in 97
the amount of for $22,400.00, as they were the lowest and most responsive bidder. 98
99
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 100
recommended awarding the bid for Garage Doors to Midwest Garage Door Systems, Inc in the amount of 101
for $11,400.00, as they were the lowest and most responsive bidder. 102
103
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 104
recommended awarding the bid for Doors and Hardware to Laforce, LLC in the amount of for $38,619.51, as 105
they were the lowest and most responsive bidder. 106
107
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 108
recommended awarding the bid for Aluminum windows to Roberts Glass & Service, Inc in the amount of 109
for $4,100.00, as they were the lowest and most responsive bidder. 110
111
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 112
recommended awarding the bid for Restroom Accessories and Fire Extinguishers to Allsource Construction 113
Specialists, LLC in the amount of for $1,523.00, as they were the lowest and most responsive bidder. 114
115
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 116
recommended awarding the bid for Caulking and related services to Caulking Specialists Company in the amount 117
of for $10,845.00, as they were the lowest and most responsive bidder. 118
119
Bid Award for Construction of the Carmel Data Center; Sergey Grechukhin, Assistant Corporation Counsel, 120
recommended awarding the bid for Roofing to Ertel Roofing, Inc in the amount of for $40,400.00, as they were 121
the lowest and most responsive bidder. Board Member Burke moved to award the bids for Construction of the 122
Carmel Data Center. Board Member Watson seconded. Requests approved 2-0. 123
124
Bid Award for Carmel Data Center – Technology Infrastructure Package; Sergey Grechukhin, Assistant 125
Corporation Counsel, recommended awarding the bid for Technology to ERMCO, Inc in the amount of 126
for $569,540.00, as they were the lowest and most responsive bidder. Board Member Burke moved to award the 127
bid for Technology Infrastructure Package. Board Member Watson seconded. Request approved 2-0. 128
129
130
PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS131 132
Request for Bond Reduction; Jackson’s Grant Sec. 6; Erosion Control; Original Amount: ($251,094.73), 133
Reduced Amount: ($125,339.09); Board Member Burke moved to approve. Board Member Watson seconded. 134
Request approved 2-0. 135
136
137
CONTRACTS138
139
Request for Purchase of Goods and Services; KBSO Consulting, LLC; ($32,000.00); Consulting for 140
Technology Standards; Board Member Burke moved to approve. Board Member Watson seconded. Request 141
approved 2-0. 142
143
Request for Purchase of Goods and Services; SJCA P.C.; ($88,430.00); 20-ENG-04 – Survey College Avenue 144
from 96th Street to 106th Street; Additional Services Amendment; Board Member Burke moved to approve. 145
Board Member Watson seconded. Request approved 2-0. 146
147
Request for Purchase of Goods and Services; Wilkinson Brothers, Inc.; ($73,000.00); Graphic Design, 148
Website, and Creative Marketing Services; Additional Services Amendment; Board Member Burke moved to 149
approve. Board Member Watson seconded. Request approved 2-0. 150
151
Request for Purchase of Goods and Services; Nelson Alarm Company; ($28,255.00); Security Cameras and 152
Accessories; Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 153
seconded. Request approved 2-0. 154
155
Request for Purchase of Goods and Services; OfficeWorks Services; ($3,695.50); Office Furniture; Additional 156
Services Amendment; Board Member Burke moved to approve. Board Member Watson seconded. Request 157
approved 2-0. 158
159
Resolution BPW 12-01-21-01; A Resolution of the City of Carmel Board of Public Works and Safety 160
Acknowledging Agreement Between City and Vendor; AT&T; ($143,840.00); Sheridan – Indianapolis Cable 161
Relocation; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 162
163
Resolution BPW 12-01-21-02; A Resolution of the City of Carmel Board of Public Works and Safety 164
Acknowledging Agreement Between City and Vendor; Fredericks, Inc.; ($563,433.00); Data Center – 165
Earthwork, Site Concrete, and Utilities; Board Member Burke moved to approve. Board Member Watson 166
seconded. Request approved 2-0. 167
168
Resolution BPW 12-01-21-03; A Resolution of the City of Carmel Board of Public Works and Safety 169
Acknowledging Agreement Between City and Vendor; Fredericks, Inc.; ($198,759.00); Data Center – 170
Electrical; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 171
172
Resolution BPW 12-01-21-04; A Resolution of the City of Carmel Board of Public Works and Safety 173
Acknowledging Agreement Between City and Vendor; BMI Corp. d/b/a Biancofiori Masonry, Inc.; 174
($248,000.00); Data Center – Masonry; Board Member Burke moved to approve. Board Member Watson 175
seconded. Request approved 2-0. 176
177
Resolution BPW 12-01-21-05; A Resolution of the City of Carmel Board of Public Works and Safety 178
Acknowledging Agreement Between City and Vendor; F.A. Wilhelm Construction Co., Inc.; ($130,000.00); 179
Data Center – Building Concrete; Board Member Burke moved to approve. Board Member Watson seconded. 180
Request approved 2-0. 181
182
Resolution BPW 12-01-21-06; A Resolution of the City of Carmel Board of Public Works and Safety 183
Acknowledging Agreement Between City and Vendor; Strescore, Inc.; ($45,300.00); Data Center – Precast 184
Concrete; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 185
186
Resolution BPW 12-01-21-07; A Resolution of the City of Carmel Board of Public Works and Safety 187
Acknowledging Agreement Between City and Vendor; ERMCO, Inc; ($170,421.00); Data Center – 188
Technology; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 189
190
191
REQUEST TO USE CITY STREETS/PROPERTY192
193
Request to Acknowledge Mayor’s Approval for the Clydesdale Parade; November 19th, 2021; 3:00 PM – 7:00 194
PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 195
196
Request to Use Civic Square Gazebo / Fountain Facilities; Leaman Wedding; October 7th, 2022; 6:00 PM – 197
7:00 PM; October 8th, 2022; 10:00 AM – 5:00 PM; Board Member Burke moved to approve. Board Member 198
Watson seconded. Request approved 2-0. 199
200
201
OTHER202
203
Request for New Curb Cut; 140 Nappanee; Board Member Burke moved to approve. Board Member Watson 204
seconded. Request approved 2-0. 205
206
Request for Road Closure;120 1st Ave NW; Board Member Burke moved to approve. Board Member Watson 207
seconded. Request approved 2-0. 208
209
Request for Lane Restriction / Road Closure / Open Pavement Cut;The Edge Apartments;96th Street and 210
Maple Drive; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 211
212
Request for Open Pavement Cut / Sidewalk Restrictions;104 Stonehedge Court; Board Member Burke moved 213
to approve. Board Member Watson seconded. Request approved 2-0. 214
215
Request for Open Pavement Cut / Lane Restrictions;4148 E Main Street; Board Member Burke moved to 216
approve. Board Member Watson seconded. Request approved 2-0. 217
218
Request for Grant of Perpetual Storm Water Quality Management Easement; Be Well Family Medical Office; 219
12430 Clark Street; Board Member Burke moved to approve. Board Member Watson seconded. Request 220
approved 2-0. 221
222
Request for Secondary Plat; The Courtyards of Carmel Section 1; Board Member Burke moved to approve. 223
Board Member Watson seconded. Request approved 2-0. 224
225
Request for Secondary Plat; One 46 Townhomes; Board Member Burke moved to approve. Board Member 226
Watson seconded. Request approved 2-0. 227
228
229
ADJOURNMENT230
231
Board Member Mary Ann Burke adjourned the meeting at 10:16 a.m. 232
233
234
APPROVED: ____________________________________ 235
Sue Wolfgang – City Clerk 236
237
_____________________________________ 238
Mayor James Brainard 239
ATTEST: 240
241
__________________________________ 242
Sue Wolfgang – City Clerk 243
CzTfshfzHsfdivlijobu9;6:bn-Efd13-3132
EXHIBIT A
MAINTENANCE AGREEMENT
Owner: CITY OF CARMEL
Date: 10/21/2021
STAddress: 3400 131 STREET
CARMEL, IN 46074
Type of Plan: PM INSPECTION
Equipment Location: CARMEL STREET DEPARTMENT
ST3400131 STREET
CARMEL, IN 46074
Effective Date and Duration
This agreement shall become effective 11-01-2021 and shall remain in effect for one year unless
otherwise terminated or changed as permitted under the General Conditions.
Services and Materials Included
Maintenance Services as per attached Scope of Work provided by the owner as applicable
to the Schedule of Maintained Equipment also attached.
As an additional service we will log-on to your facility each day, observe the operation of your
equipment and notify on-site building operations personnel of any unusual conditions once
control remote log in is ready.
Equipment Covered:
Schedule of Maintained Equipment Attached
9151 Ford Circle Fishers, IN.46038 Ph 317.841.7877 Fax 317.841.7460
Price
The quarterly, semi-annual and annual services and materials listed will be provided at an annual cost of
5,236.00 billed quarterly at the completion of the on-site services at $1,309.00.
Materials & Subs
All parts and materials will be provided as follows:
List price plus 15%
Emergency Services and Rates
Emergency services, repair labor and materials not covered by this agreement will be invoiced
separately. Materials are billed at list plus 15% based on standard pricing. Labor is billed in one-
hour increments with a 2-hour minimum.
Straight Time Hourly Rate – 7a.m. to 4p.m. Monday – Friday $ 95.00/hour
Overtime Rate $ 120.00/hour
Premium Hours Sundays and Holidays $ 150.00/hour
Truck Charge $ 55.00/trip
These services are performed on a Time and Material basis. When circumstances permit, an
estimate for the costs of alterations and repairs will be submitted for approval.
Purchaser’s Acceptance: Seller’s Acceptance:
Purchaser: City of Carmel Seller: Leach & Russell Mechanical
By: ________________________ By: ____________________________
Clint Rempe
Title: _______________________ Title: Service Project Manager
Date: _______________________ Date: __________________________
Note: The GENERAL CONDITIONS are a part of this agreement.
9151 Ford Circle Fishers, IN.46038 Ph 317.841.7877 Fax 317.841.7460
General Conditions
1. Acceptance of the Limited Full Coverage or Inspection Plan shall in no way bind Seller to make corrections,
replacements or repairs necessitated by (a) Purchaser’s improper or misuse of the equipment or systems (b) by
negligence of others or (c) by faulty design of the equipment or systems.
2. Seller shall not be required under the Limited Full Coverage or Inspection Plan to make safety tests or to install new
attachments or additional controls or equipment recommended or directed by any insurance company laboratory or
governmental authority.
3. The Limited Full Coverage or Inspection Plan does not include the maintenance, repair or replacement of recording or
portable instruments, electrical disconnect switches, circuit breaker fuse panels, casing or cabinets, gaskets, insulation
hardware items, damage from freezing corrosion, electrolysis, drain stoppage or plumbing beyond equipment, gas lines,
domestic water lines, non-moving parts ofheating, cooling and ventilating equipment, such as ductwork, boiler shell,
tubes and refractory material and other like items.
4. Seller agrees to replace any workmanship which is disclosed within a period of 30 days after the performance thereof to
be defective and will warrant materials and parts only to the extent, ifany, the same are warranted by the suppliers
thereof suppliers being defined to mean the suppliers ofSeller. All warranties on equipment are to be extended toSeller
on Limited Full Coverage Plans.
5. Purchaser agrees to provide reasonable means of access toall equipment covered by this Agreement.
6. In the event Seller is required to make emergency calls, repairs and/or replacements under the Limited Full Coverage
Service Plan, occasioned by Purchaser’s improper operation or misuse of the equipment, or by fire, explosion, flooding,
the elements, strikes, labor troubles, vandalism, riots or civil commotion, or by any other cause beyond Seller’s control,
Purchaser shall reimburse Seller for such emergency calls, repairs and/or replacements in accordance with the Seller’s
current rates for performing such services.
7. Seller’s liability for injury to persons or damage to property shall, in any event, be limited to that caused directly by it’s
negligence. Seller shall not be liable, however, on any account, for any damage or loss to Purchaser resulting from
business interruption, inconvenience, and loss ofprofits or special indirect or consequential damage. Seller shall not be
deemed toguarantee or warrant the continuing operation or operating efficiency ofthe EQUIPMENT COVERED, nor
shall Seller by liable for any breakdowns thereof or for any damage to any other property of the Purchaser not covered
by this Agreement resulting from any breakdowns in or operating mishaps of the EQUIPMENT COVERED provided,
however, that nothing contained in this Paragraph shall be deemed to release Seller from the performance of its services
and obligations under this Agreement.
8. Should any payment due by Purchaser become thirty days or more delinquent, Seller may terminate this Agreement by
written notice and all monies owed Seller by Purchaser shall be immediately payable upon demand.
9. This Agreement is not transferable or assignable.
10. Purchaser agrees toaccept the judgment of Seller as to be the best means and methods tobe employed for any corrective
or repair work necessary.
11. This Agreement shall remain in effect as herein provided unless either party shall furnish the other written notice of
termination not later than 30 days prior to the end of any yearly period of the Agreement. Deletion, addition or
depreciation of Agreement and/or change in Seller’scost may cause a change in contract price. Thirty days advance
notice of any such change shall be given in writing to Purchaser and Purchaser shall have the right to terminate ifsuch
change isnot acceptable.
9151 Ford Circle Fishers, IN.46038 Ph 317.841.7877 Fax 317.841.7460
Carmel Street Department
ST3400131 STREET
Carmel, IN 46074
This proposal will include quarterly equipment maintenance and inspection to be performed in
accordance with the schedule of maintained equipment, listed below. Items listed below will be
included as part of this maintenance proposal. A 2-hour emergency service guarantee will be part of
this contract.
Perform the following during inspection:
Report on general condition of units including cabinets, unusual noise or vibrations
Oil or grease all bearings, including motors, fans and dampers as applicable
Visual inspection for refrigerant/water leaks that may have occurred on equipment or piping
Inspect all controls and contact points within the covered equipment
Check refrigerant charge and record super heat and sub-cooling if applicable
Check condition of drain screens, pans and piping
Inspect and Replace filters in AHUs quarterly.
Inspect and adjust valves, controls and damper settings and time clock settings per design
function as applicable
Inspect condenser and evaporator coils – we will recommend any additional cleaning that may be
needed
Check belt/sheave adjustment, alignment and condition as applicable (one (1) belt change per
year included)
Inspect heat operation including burners, heat coils, electric heat banks, etc. as applicable
Submit reports and recommendations as applicable
All service conducted at Carmel Street will be scheduled with Nathan Morris (317)503-2319
Nmorris@carmel.in.org
Schedule of Maintained Equipment
Carmel Street
Quarterly (4x):
1) Air Handler MUA
5) Electric reheats
4) Force heater
1) Return fan
1) Condensing unit
Annually (1x)
10) Exhaust fans
Tube heaters
9151 Ford Circle Fishers, IN.46038 Ph 317.841.7877 Fax 317.841.7460
Page 1 of 1INDIANARETAILTAXEXEMPT
PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel
FEDERAL EXCISE TAX EXEMPT 105817
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
11/29/2021362779
LEACH & RUSSELL Street Department
VENDORSHIP9151FORDCIRCLE 3400 W. 131st Street
TO Carmel, IN 46074-
FISHERS, IN 46038 - Matt Higginbotham(317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
61325
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 22012201Motor Vehicle Highway FND
Account: 43-501.00
1EachHVAC Annual Inspection$5,236.00$5,236.00
Sub Total 5,236.00
Send Invoice To:
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001 PLEASE INVOICE INDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
5,236.00PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN
SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194
ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO.
LeeHigginbotham
TITLE Commissioner
CONTROL NO. 105817 CONTROLLER
CzTfshfzHsfdivlijobu:;2:bn-Efd18-3132
EXHIBIT A
Sweet Event Planning/Sondra Schwieterman
ScopeofServices& Rate Schedulefor ProfessionalServices forEventPlanning For:
24 /& 7).% 3(/03-!,, 3!452$!9
3¢®¯¤ ®¥ 3¤±µ¨¢¤² 2 To assist the
City of Carmel in maintaining and building the Carmel Arts &Design To direct activities
and event coordination for Art of Wine and Shop Small Saturdayon behalf of the
City of Carmel, including but not limited to: o Research dates
to host events o Research target
audiences for events o Create a
comprehensive timeline complete with goals, objectives, tactics and dates of completion
for events o Direct the
recruitment of and communication with wine vendors for Art of Wine o Direct the
recruitment of and communication with volunteers for Art of Wine o Confirm and
coordinate headlining band for Art of Wine o Write web
and social media copy for Art of Wine o Spearhead art
direction on collateral materials for Art of Wine and Shop Small Saturday and coordinate
marketing and advertising with designated City ofCarmel representatives o Spearhead
logistics
of assigned events, from planning to set up through execution and clean
up o Assist with
sponsorship fulfillment as directed o Direct public
relations efforts for events as approved Includes but is
not limited to: Communications to target
audiences to maximize the user experience at events
News release writing
News releases sent
to markets outside of Central Indiana o Adhereto approved
City of Carmel budget for events, media and public relations o Meet
regularly
with Cityof Carmel representative(s) o Evaluatemeasurable objectives
through research resources available or budgeted for by
the City of Carmel Assist on execution
special promotional events and public relations efforts as needed and within the
parameters of the contract 8649 N College
Ave, Indianapolis, IN 46240 (317) 657-8263 Sondra_Schwieterman@Outlook.com
o Including but not limited to: Executing social media posts on Carmel Arts &Design
direction to graphic designers, and writing copy for collateral material
The
above Scope of Work can be executed for a feenot to exceed$16,200and can be billed monthly as
services are rendered. 3§®¯
3¬3 1,200 7¨-¤-$15,
000 Specialty materials and
outside services paid for by Sweet Event Planningwill be billed back to City of Carmel at
cost. Examples include but are not limited to media buys, specialty paper, signs, banners, staff meals,
dumpsters, event supplies, and postage. Cost includes parking
fees and mileage incurred by Sweet Event Planningfor the duration of the contract (provided all
miles driven are within the Marion and surrounding eight counties.) Signature: _________________________________ Date: 10/
6/
2021 8649 N College
Ave, Indianapolis, IN 46240 (317) 657-8263 Sondra_Schwieterman@Outlook.com
12/2/2021
SWEET EVENT PLANNING
INDIANAPOLIS, IN 46240 -
105850
8649 N COLLEGE AVE
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
EVENT PLANNING PROFESSIONAL SERVICES
COMMUNITY RELATIONS
1 CIVIC SQ
Carmel, IN 46032-
373677
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
61505
1203Department:101Fund:General Fund
43-590.03Account:
EVENT PLANNING PROFESSIONALSERVICES1 $16,200.00 $16,200.00Each
16,200.00SubTotal
16,200.00
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
C.O.D. SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
PAYMENT
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
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 105850
ORDERED BY
TITLE
CONTROLLER
COMMUNITY RELATIONS
1 Civic Square
Carmel, IN 46032-
Nancy Heck James Crider
Director Director of Administration
RESOLUTION NO. BPW 12-15-21-04
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
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’smayor may enter into contracts on behalf ofthe
City; and
WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard,
has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, 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 ofthe Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public
for review.
SO RESOLVED this day of , 2021.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
S:\\EBass\\MyDocuments\\BPW-Resolutions\\2021\\Acknowledge Agreement Officeworks, Services LLC .docx12/7/202111:08AM
CzTfshfzHsfdivlijobu5;14qn-Opw34-3132
Ertel Roofing, Inc.
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105747
Contract Not To Exceed $40,400.00
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
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery 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 hazardous 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) days 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 or 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 term 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 coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name 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 expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person 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.
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Ertel Roofing Inc. Goods and Services.doc:11/19/2021 2:28 PM\]
2
Ertel Roofing, Inc.
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105747
Contract Not To Exceed $40,400.00
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 of 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.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, 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 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, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-
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:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’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 Agreement
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Ertel Roofing Inc. Goods and Services.doc:11/19/2021 2:28 PM\]
3
Ertel Roofing, Inc.
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105747
Contract Not To Exceed $40,400.00
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 filed hereunder, they
waive their right to a jury trial, agree to file any such 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 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.
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 the party to be notified at the address specified
herein:
If to City: City of Carmel AND City of Carmel
Administration Department Department of Law
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Ertel Roofing, Inc.
1351 Roosevelt Ave
Indianapolis, Indiana 46202
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 appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing 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 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 previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Ertel Roofing Inc. Goods and Services.doc:11/19/2021 2:28 PM\]
4
Ertel Roofing, Inc.
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105747
Contract Not To Exceed $40,400.00
20. 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.
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 Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 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.
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 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. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed 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 Indiana. 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 of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor 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.
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Ertel Roofing Inc. Goods and Services.doc:11/19/2021 2:28 PM\]
5
Exhibit A
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
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
City®f Carmel
INDIANA RETAIL TAX EXEMPT
CERTIFICATE N0. 003120155 002 0
Page 1 Of 1
PURCHASE ORDER NUMBER
JIII'1
FEDERAL EXCISE TAX EXEMPT OI 5 f Y I
THIS NUMBER MUST APPEAR ON INVOICES,NPONECIVICSQUARE35-6000972
CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING IABELSANDANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
11/12/2021 376175 IT Data Center Building Addition and Remodel - Roofing
ERTEL ROOFING General Administration
VENDOR 1351 ROOSEVELT AVE SHIP 1 Civic Square
TO Carmel, IN 46032-
INDIANAPOLIS, IN 46202 -
PURCHASEID BLANKET CONTRACT PAYMENTTERMS FREIGHT
61013
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department. 1205 Fund: 0 2021 IT Data Center Bond
Account: 44-628.71
1 Each IT Data Center Building Addition and Remodel - Roofing
Send Invoice To:
Dept of Administration
1 Civic Square
Carmel, IN 46032- -
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT
SHIPPING INSTRUCTIONS
SHIP PREPAID,
CD D, SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
40,400.00 $40,400.00
Sub Total $40,400.00
PROJECT PROJECT ACCOUNT I AMOUNT
PAYMENT $40,400.00
AjP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THEP,0. NUMBERISMADEA
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICI ENT TO PAY FOR THE ABOVE ORDER.
James Crider James Crider
TITLE Director of Administration Director of Administration
CONTROL N0. 105747 CONTROLLER
CzTfshfzHsfdivlijobu5;13qn-Opw34-3132
Lacy Construction Group, Inc. d/b/aThe New Group
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105742
Contract Not To Exceed $22,400.00
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
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery 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 hazardous 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) days 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 or 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 term 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 coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name 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 expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person 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.
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Lacy Construction Group Inc. Goods and Services.doc:11/19/2021 2:32 PM\]
2
Lacy Construction Group, Inc. d/b/aThe New Group
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105742
Contract Not To Exceed $22,400.00
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 of 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.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, 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 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, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-
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:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’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 Agreement
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Lacy Construction Group Inc. Goods and Services.doc:11/19/2021 2:32 PM\]
3
Lacy Construction Group, Inc. d/b/aThe New Group
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105742
Contract Not To Exceed $22,400.00
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 filed hereunder, they
waive their right to a jury trial, agree to file any such 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 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.
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 the party to be notified at the address specified
herein:
If to City: City of Carmel AND City of Carmel
Administration Department Department of Law
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Lacy Construction Group, Inc. d/b/a The New Group
1339 Sunday Drive
Indianapolis, Indiana 46217
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 appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing 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 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 previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Lacy Construction Group Inc. Goods and Services.doc:11/19/2021 2:32 PM\]
4
Lacy Construction Group, Inc. d/b/aThe New Group
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105742
Contract Not To Exceed $22,400.00
20. 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.
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 Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 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.
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 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. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed 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 Indiana. 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 of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor 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.
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Lacy Construction Group Inc. Goods and Services.doc:11/19/2021 2:32 PM\]
5
Exhibit A
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
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
Nbuu!Hbvhibo
Mbdz!Dpotusvdujpo!Hspvq-!Jod/
Qspkfdu!Nbobhfs
34se!!!!!!!!!!!!!!!!!!!!Opwfncfs!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!32
Ejhjubmmz!tjhofe!cz!Nbuu!Hbvhibo
Ebuf;!3132/22/34!23;58;56.16(11(
Nbuu!Hbvhibo
Ejhjubmmz!tjhofe!cz!Nbuu!Hbvhibo
Ebuf;!3132/22/34!23;59;11.16(11(
Nbuu!Hbvhibo
A
City ®f Carmel
INDIANA RETAIL TAX EXEMPT
CERTIFICATE N0. 003120155 002 0
Page 1 Of 1
PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 105742
THIS NUMBER MUST APPEAR ON INVOICES,AIPONECIVICSQUARE35-6000972
CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS ANDANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. I DESCRIPTION
11/10/2021 373825 IT Data Center Building Addition and Remodel - Weather
Barriers
THE NEW GROUP General Administration
VENDOR 1339 SUNDAY DRIVE SHIP 1 Civic Square
TO Carmel, IN 46032-
INDIANAPOLIS, IN 46217 -
PURCHASEID BLANKET CONTRACT PAYMENT TERMS FREIGHT
60990
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1205 Fund:0
Account: 44-628.71
1 Each
Send Invoice To:
Dept of Administration
1 Civic Square
Carmel, IN 46032-
2021 IT Data Center Bond
IT Data Center Building Addition and Remodel - Weather
Barriers
PLEASE INVOICE IN DUPLICATE
22,400.00
Sub Total
22,400.00
22,400.00
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNTACCOUNT AMOUNTT
PAYMENT $22,400.00
SHIPPING INSTRUCTIONS AJP 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
CD D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
TITLE
James Crider James Crider
Director of Administration Director of Administration
CONTROL NO. 105742 CONTROLLER
CzTfshfzHsfdivlijobu3;21qn-Efd18-3132
Roberts Glass & Service, Inc.
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105744
Contract Not To Exceed $4,100.00
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
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery 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 hazardous 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) days 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 or 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 term 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 coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name 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 expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person 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.
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Roberts Glass Service Inc. Goods and Services.doc:11/19/2021 2:24 PM\]
2
Roberts Glass & Service, Inc.
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105744
Contract Not To Exceed $4,100.00
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 of 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.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, 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 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, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-
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:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’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 Agreement
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Roberts Glass Service Inc. Goods and Services.doc:11/19/2021 2:24 PM\]
3
Roberts Glass & Service, Inc.
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105744
Contract Not To Exceed $4,100.00
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 filed hereunder, they
waive their right to a jury trial, agree to file any such 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 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.
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 the party to be notified at the address specified
herein:
If to City: City of Carmel AND City of Carmel
Administration Department Department of Law
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Roberts Glass & Service, Inc.
th5167E65 Street
Indianapolis, Indiana 46220
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 appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing 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 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 previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Roberts Glass Service Inc. Goods and Services.doc:11/19/2021 2:24 PM\]
4
Roberts Glass & Service, Inc.
Administration Department - 2021
Appropriation # 1205 44-628.71 2021 IT Data Center Bond; P.O. #105744
Contract Not To Exceed $4,100.00
20. 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.
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 Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 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.
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 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. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed 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 Indiana. 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 of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor 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.
C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Roberts Glass Service Inc. Goods and Services.doc:11/19/2021 2:24 PM\]
5
Exhibit A
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
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
City ®f Carmel INDIANARENO. 003XEXEMPTCERTIFICATEN0. 003120155 002 0
e I 1PEPURCHASEORDERNUMBERORDER
JIII'1
FEDERAL EXCISE TAX EXEMPT 105744
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP
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 I DATE REQUIRED I REQUISITION NO. VENDOR NO. DESCRIPTION
11/10/2021 376041 IT Data Center Building Addition and Remodel - Front doors
ROBERTS GLASS & SERVICE INC General Administration
VENDOR 5167 E 65TH STREET SHIP 1 Civic Square
TO Carmel, IN 46032-
INDIANAPOLIS, IN 46220 -
PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT
60992
QUANTITY UNIT OF MEASURE DESCRIPTION I UNIT PRICE EXTENSION
Department: 1205 Fund. 0 2021 IT Data Center Bond
Account 44-628.71
1 Each IT Data Center Building Addition and Remodel - Front doors
J
Send Invoice To:
Dept of Administration
1 Civic Square `\ " 4f j-y^—"'""'`
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE
DEPARTMENTIACCOUNTT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
C.O.D. SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
4,100.00 $4,100.00
Sub Total $4,100.00
PROJECT PROJECTACCOUNT AMOUNT
PAYMENT $4,100.00
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBERISMADEA
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
James Crider
TITLE Director of Administration
CONTROL NO. 105744 CONTROLLER
CzTfshfzHsfdivlijobu4;38qn-Efd18-3132
CzTfshfzHsfdivlijobu:;47bn-Efd19-3132
CzTfshfzHsfdivlijobu:;47bn-Efd19-3132
CzKpoPcfsmboefsbu:;57bn-Efd19-3132
Ejhjubmmz!tjhofe!cz!Tdpuu!G/!Ipsotcz!
EO;!do>Tdpuu!G/!Ipsotcz-!
fnbjm>T/IpsotczAhbjdpotvmubout/dpn!
Ebuf;!3132/23/19!1:;45;39!.16(11(
TdpuuIpsotcz
WQ
2309032
CzTfshfzHsfdivlijobu:;58bn-Efd19-3132
CzTfshfzHsfdivlijobu21;65bn-Efd19-3132
W/!Upee!Zbuft
Opwfncfs!23-!3132
Cz!Tfshfz!Hsfdivlijo!bu!5;65!qn-!Efd!19-!3132
3-111-111
Kbnjf!Gpse.Cpxfst
Qbsuofs-!Wjdf!Qsftjefou
230903132
Kbnjf!Gpse.Cpxfst
Kbnjf!Gpse.Cpxfst
CzTfshfzHsfdivlijobu5;68qn-Efd19-3132
Clerk 12-8-21
BPW 12-15-21
CRED-Brewer OK 12-6-21
CFD-Sutton OK 12-2-21
CPD-Bickel OK 11-29-21
Clerk 12-8
BPW 12-15
CRED-Brewer OK 12-6-21
CFD-Sutton OK 12-2-21
CPD-Bickel OK 11-29-21