HomeMy WebLinkAboutDan Haines Construction Co., Inc/STREET/$29,340/Repairs to City GaragesCzBmmjtpoMzodi.NdHsbuibu3;19qn-Nbs32-3135
Dan Haines Construction Co., Inc.
Street Department - 2024
Appropriation #1206 101 43-509.00 Fund; P.O. #111000
Contract Not To Exceed $29,340.00
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.
2
Dan Haines Construction Co., Inc.
Street Department - 2024
Appropriation #1206 101 43-509.00 Fund; P.O. #111000
Contract Not To Exceed $29,340.00
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.
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,
3
Dan Haines Construction Co., Inc.
Street Department - 2024
Appropriation #1206 101 43-509.00 Fund; P.O. #111000
Contract Not To Exceed $29,340.00
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 itis 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
Street Department Office of Corporation Counsel
st3400W131 Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
If to Vendor: Dan Haines Construction Co., Inc.
915 E Daly Street
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.
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
4
Dan Haines Construction Co., Inc.
Street Department - 2024
Appropriation #1206 101 43-509.00 Fund; P.O. #111000
Contract Not To Exceed $29,340.00
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, 2024 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.
27. IRAN CERTIFICATION
Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
5
3/21/24
Dan_Haines_Const._Co._Inc,_
915 East Daly Street Phone 317-635-5858
Indpls., IN 46202
PROPOSAL
GOOD FOR THIRTY (30) DAYS FROM DATE
OFFICERS
Dan Haines City ofCarmel 02-16-2024C.E.O.
Attn: Nathan Morris 317-733-2001Founder1976
st3400W. 131 St. 317-503-2319
Nick Wines Carmel IN 46074 Quote #24-010President
Since 1981 Tarkington Garage
Re: Precast Panel CaulkingRandyWhite
Superintendent Upper Parking Deck
Since 1983
SERVICES Sealant ReplacementCaulkingofalltypesSeeAttachedSketchControlJoints & Windows
Historic Masonry
Restoration Specialist 1) Remove and replace all precast-to-precast panel joints at the
Brick, Limestone, Slate upper parking deck, joints to be cleaned ofexisting sealant,
Terra-Cotta new backer rod installed and Dow CCS silicone sealant installed. Tuck Pointing & 2) Remove existing sealant from top of west wall, grind remainingWallReveneering
crack on top of wall where sealant has not been installed andConcreteVertical
Wall Patching recaulk with Dow CCS silicone sealant.
Through Wall 3) Remove grout under (2) small filler panels on upper deck, cleanFlashingRepairandinstallsiliconesealant. Preventative Exterior
4) Install Dow 123 Strip at metal flashing to top of precast panel onBuildingMaintenance
Masonry Cleaning north end of garage to south elevation of building.
Water-Repellents
Light Concrete Block 22,420.00ExteriorFinishes
This agreement is contingent upon weather, strikes, accidents orany other delays beyond our control. Any additional bonds, permits, weather protection,
utilities, final cleaning orwork other than what has been specifically stated above, ifrequired byyou, shall be provided atyour additional expense.
IfAIA Documents orany other contract form isused, our proposal, this document, will be the Prevailing Contract Rider.
TERMS: Contract price willbe paid infull upon completion, net15 days, without retainage. Payments must be post marked ordelivered within 15days ofdelivery
ofstatement. A service charge ofno more than .06 of 1% perday will incur on allpast due accounts and retainage held. Ifpayments are not made as per terms
noted, we reserve the right tostop work until such payments are made, and allcost orexpenses incurred byusin collecting any sum here above, whether by suit
u. There will be aservice charge of
50.00 and .06 of1% per day for non-sufficient fund checks.
Nick Wines, Pres. Estimated By: NickS. Wines, Pres.
Date ____________________________
Proposal Accepted by: __________________________________________
Title ____________________________
Please Print Name: ____________________________________________
P.O. # __________________________
Mail Billing To: ________________________________________________
Tax Exempt # ____________________
Billing Address: _______________________________________________
Referred By: _____________________
City, State, Zip: _______________________________________________
Do you need: Material and Safety Data Sheets? Please circle . . . YES or NO
Dan_Haines_Const._Co._Inc,_
915 East Daly Street Phone 317-635-5858
Indpls., IN 46202 Fax 317-635-5863
Call before faxing
PROPOSAL
GOOD FOR THIRTY (30) DAYS FROM DATE
OFFICERS
Dan Haines City of Carmel Carmel Street Dept. 03-14-24C.E.O.
Founder 1976 Attn: Nathan Morris 317-733-2001
st3400W. 131 St. 317-517-1553 CellNickWinesCarmelIN46074Quote #24-013President
Since 1981
Carmel City Center
Randy White Re: Parking Garage
Superintendent Drain Pans at LeaksSince1983
Install (2) new stainless steel drain pans under active leaks in parking garage.
SERVICES 1) In Front of Elevator Storefront Doors Under Large Drain PipeCaulkingofalltypes
a) Control Joints & Windows
Historic Masonry 2) Between New Drain Pan Under Pipe and Existing Pan.
Restoration Specialist a) Brick, Limestone, Slate
3) New Drain Pipe to be Ran Parallel with Drain and Added to Drain on Existing PanTerra-Cotta
Tuck Pointing & Drain pans to be anchored to bottom of precast tees or existing hanger using stainlessWallReveneering
Concrete Vertical steel strap with expanding anchor and have drain mounted in bottom of pan, and have
Wall Patching 1-PVC drain piping attached, and ran to and down column and anchored usingThroughWallappropriateanchor. Flashing Repair
Preventative Exterior Heat tape to be installed in each drainpipe.
Building Maintenance Mechanical boom lift to be provided for safe access to work. Masonry Cleaning 6,920.00Water-Repellents
Light Concrete Block
Exterior Finishes
This agreement is contingent upon weather, strikes, accidents orany other delays beyond our control. Any additional bonds, permits, weather protection,
utilities, final cleaning orwork other than what has been specifically stated above, ifrequired byyou, shall be provided atyour additional expense.
IfAIA Documents orany other contract form isused, our proposal, this document, will be the Prevailing Contract Rider.
TERMS: Contract price willbe paid infull upon completion, net15 days, without retainage. Payments must be post marked ordelivered within 15days ofdelivery
ofstatement. A service charge ofno more than .06 of 1% perday will incur on allpast due accounts and retainage held. Ifpayments are not made as per terms
noted, we reserve the right tostop work until such payments are made, and allcost orexpenses incurred byus in collecting any sum here above, whether by suit
u. There will be aservice charge of
50.00 and .06 of1% per day for non-sufficient fund checks.
Nick Wines, Pres. Estimated By: NickS. Wines, Pres.
Date ____________________________
Proposal Accepted by: __________________________________________
Title ____________________________
Please Print Name: ____________________________________________
P.O. # __________________________
Mail Billing To: ________________________________________________
Tax Exempt # ____________________
Billing Address: _______________________________________________
Referred By: _____________________
City, State, Zip: _______________________________________________
Do you need: Material and Safety Data Sheets? Please circle . . . YES or NO
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
Page 1 of 1INDIANARETAILTAXEXEMPT
CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel
FEDERAL EXCISE TAXEXEMPT 111000
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
3/19/2024371299
DAN HAINES CONSTRUCTION CO., INC Street Department
VENDORSHIP915EASTDALYSTREET 3400 W. 131st Street
TO Carmel, IN 46074-
INDIANAPOLIS, IN 46202 - (317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
85855
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 1206101General Fund
Account: 43-509.00
1EachRepairs to City garages$29,340.00$29,340.00
Sub Total 29,340.00
Send Invoice To:
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001 PLEASE INVOICE INDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
29,340.00PAYMENT
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 LABEL
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO.
LeeHigginbotham
TITLECommissioner
CONTROL NO. 111000 CONTROLLER