HomeMy WebLinkAboutTP Mechanical Contractors/Maintenance
i-'::..~.__
TP Mechanical Contractors
'--Maintenance - 2007
Appropriation # 1205-501; P. O. # 16828
Contract Not To Exceed $48.917.17
APPROVED~ ~O
FORM BY:
,~
,.
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and
between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), TP
Mechanical Contractors ("Vendor").
\
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 1205-501 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Forty-Eight Thousand Nine Hundred Seventeen Dollars and Seventeen Cents
($ 48,917.17) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty
(30) days detailing the Goods and Services provided to City within such time period. City shall pay
Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's
invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are
in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains
the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied
all the terms and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or submitted by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel
Maintenance Department Bid Proposal Package for "HV AC Retrofit for Brookshire Golf Club" received by the
City of Carmel Board of Public Works and Safety in or about May 15, 2007, all of which documents are
incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and
workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and
expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been
selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. City's
stated use and are fit and sufficient for their particular purpose.
[VIE B.,s'My DocumClII>\Prof.,sio".l S....i,.::;\2007\TP Mcch_COIu. BrookshircHVACdoc::5.12112007 10;17 A."l]
.:
TP Mechanical Contractors
.-- Maintenance - 2007
Appropriation # 1205-501; P. O. # 16828
Contract NatTo Exceed $48,917.17
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used 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.
B. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defauits 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.
[Z:\E Bass'My D<lCllnlCUIS\Profcssrnn.1 Scr>.,tc",,'lOO7\TP Mcch.Cont. BrookshircHVAC.doc:512111007 10:17 A\f)
2
TP Mechanical Contractors
Maintenance - 2007
Appropriation # 1205-501; P. O. # 16828
Contract Not To Exceed $48,917.17
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 andlor 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 andlor Vietnam era veteran
status.
12. 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.
13, 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.
14. 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.
15, 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.
16. 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.
17. 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:
[Z:\E I1ass'MyOocumCll1~,Profmion~1 Scrviccs'2007\TP Mcd,Cont. BroobhircHVAC,doc5i21!lOQ7 10:17 AM]
3
TP Mechanical Contractors
'. Maintenance - 2007
Appropriation # 1205-501; P. O. # 16828
Contract Not To Exceed $48,917.17
IftoCitV:
City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Stephen Engelking-Director of Administration
Douglas C. Haney, City Attorney
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor:
TP Mechanical Contractors
1/90';' J./1~ ~/de))K.
IF.; f>^~Jl.,..IN Q("Q3g-
ATTN:
Notwithstanding the above, notice of termination under paragraph 18 herein below 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.
18. TERMINATION:
18.1 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.
18.2 Either party hereto may terminate this Agreement at any time upon thirty (30) days prior notice to the
other party. 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. 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.
[l.:.EBass',\lyDocumrnts'Professioll.alS..";ccs'.2007.TP.I.la:hCmnBrooulWrHV....Cdoc:5fl1120071017AMI
4
TP Mechanical Contractors
Maintenance - 2007
Appropriation # 1205-501; P. O. # 16828
Contract NotTo Exceed $48,917.17
20. 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.
21. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2007, 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.
22. 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.
23, 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.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This
Agreement may only be modified by written amendment executed by both parties hereto, or their successors
in interest.
[Z:'E Bus',...,y Docamem.s"'l'torcssiollal Sttyil:es'JOO7m> .\:lcch-COnl. BroohhiretlVACdoc,Y2112007 10 17 AM]
5
TP Mechanical Contractors
Maintenance - 2007
Appropriation # 1205-501; P. O. # 16828
Contract NotTo Exceed $48.917.17
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
TP Mechanical Contractors
By:
By:
P:J?.,A e' -<:
Autt10rized Signature
Do.. ,; : 01 13 <J... e .,/
Printed Name
----..-
Jam Brainard, Presiding Officer
Date. ( - 6 ~ () +
11. fri (JI/ &:JI A(
Mary Ann Burke, Member
Date:
Serv;c,:>
Title
Sa!t'':; Rep- .JrJoI,'th7'1.
.
FIDITIN: ri<O-D;<.51'1Q4
SSN if Sole Proprietor:
Date: ~ /;;. V ! (') (
[Z:\E B~;;s\My Documcllts\Prof~,sion.1 Scr,.itcs"'1007ITP Mcch.Conl. BrookshircHVAC.doc:5l21t:2007 10:17 A.....IJ
6
"
1!,~ :r:E"EPE
.flf" ""4l,,
rr
Mechanical
Contracl8n
""
Ii1
Cincinnati:
2105 Schappe1le Lane
Cincinnati, Ohio 45240
513.851.8881
:PA'A~-'lEAS
. ,!,>;"""'/"""Jj,u,"", ,
Columbus:
2130 Frailklin Road
Columbus, Ohio 43209
614.253.8556
May 11,2007
Mr. Jeff Barnes
Brookshire Golf Club
12120 Brookshire Pkwy
Carmel, IN 46033
Indianapolis:
6351A S. East Street, Ste. 108
Indianapolis, indiana 46227
317.787.5708
Subject: BV AC Retrofit - Split Systems I Toilet Room Exhaust
Louisville:
1902Campus Place, Ste 5
Louisville, KY 40299
502.266.7232
Dear Jeff:
Thank you for the opportunity to provide you with this proposal. Listed below are the
specifications and price to install new 90% Natural Gas Furnaces and 13 SEER Air Conditioning
Systems. Please refer to the breakdown listed below. Payment terms are Net 30 days following
receipt of invoice. All work is to be completed during normal business hours. This proposal is
good for 30 days.
Scope of Services for Pro Shop:
· Remove existing HV AC equipment in pro shop and dining facility
· Remove existing supply and return diffusers in pro shop
· Install new 90% gas furnaces in pro shop (2) 56,000 BTU.
· Install (2) 3 Ton 13 SEER NC units in pro shop
· Connect all line voltage and control wiring
· Connect and rework gas lines in pro shop as needed for new units
· Install new insulated metal trunk duct (supply air) in attic of pro shop per client
specifications and install (2) common returns one on the wall at the front door and one at its.
current location
· Install V A V diffuser (2) one in each east office of pro shop per client specifications
· Install new supply diffusers in pro shop per client specifications and new return air grills
· Install programmable thermostat in pro shop
· Provide startup for units and all necessary permits
· All labor and materials are included
. One year parts and labor warranty
"EXHIBIT
.4- 115
"
".
.
Scope of Services for Dining Room I Banquet Facility, Bar, Snack Shop, and Kitchen:
· Remove existing supply and return diffusers in dining room I banquet facility, bar and snack
shop
· Install new 90% gas furnace~ in dining room I banquet facility, bar and snack shop (3) 93,000
BTU new units to be located in banquet room at current furnace closet (this closet will need
to be enlarged by client after installation is complete)
. Install (3) 5 Ton 13 SEER AlC units in dining room I banquet facility, bar and snack shop
. Connect all line voltage and control wiring
. Connect and rework gas lines in dining room I banquet facility, bar and snack shop as needed
. for new units
. Install new insulated metal trunk duct (supply air) in attic of dining room I banquet facility,
bar, snack shop, and kitchen per client specifications and install return air ducts and grills at
specified locations in dining foom I banquet facility, bar and snack shop. .
. Install new supply diffusers in dining room I banquet facility, bar, snack shop, and kitchen
per client specifications
. Install programmable thermostat in dining room I banquet facility, and snack shop
. Provide startup for units and all necessary permits
. All labor and materials are included
. One year parts and labor warranty
Alternate Scope:
. Install KMC Controls on entire project, with this option we will not use the V A V diffuser
type controls or dampers in east offices of pro shop as these will be replaced with KMC
controls and volume dampers.
. All materials and labor included.
. Web based controller with embedded server for internet-ready graphical interface.
EauiDment Control:
)> (1) axa controller for pro shop with space sensor, setpoint adjustment, time-of-day
scheduling
)> (1) 4X4 controller for pro shop offices with (2) space sensors, setpoint adjustments,
time-of-day-scheduling and (2) duct damper actuators
)> (1) axa controller for dining room with space sensor, setpoint adjustment, time-of-
day scheduling
)> (1) 4X4 controller for kitchen with space sensor, setpoint adjustment, time-of-day
scheduling
)> (1) control of roof exhaust for restrooms through time of day scheduie
)> (1) sensor for freezer temperature monitoring
)> (1) sensor for cooler temperature monitoring
Labor Included:
)> All labor to install, program, start-up and commission system
Material Included:
)> All wire, controllers, sensors, relays, actuators to perform equipment control as listed
above.
Exclusions:
Internet service (quote based on internet availability Inside of building with static IP address
available for web-based controller) II EXH I BIT . * 2( ~
"
""',
,
. '.
,
Price:
Base Price:
$48,917.17
I"
..J:' ."'l"<<:~
: L:j .;.
Base and Alternate Price:
. $53,065.48
NO
* Client will be responsible for all framing and drywall associated with this project including
framing extension of furnace closet in banquet facility and drywall repairs on ceilings and walls
from existing system,
** We cannot guarantee the roofing at our penetrations due to the age ofthe roof. However we
will make every effort to be sure of their seal.
Thank you again for this opportunity. I will order the material and schedule this work upon
receipt of approval. Lead-time is typically 10 business days. Please fax to me at 888-694-3174. If
you have any questions, please contact me directly at (317) 714-1323.
Approval:
Date:
Title:
PO#:
Respectfully,
TP Mechanical Contractors
Dave Bacr
Service Sales Representative
"EXHIBIT
4 )13
"
Visit: tpmechanicaLeom
Call: 317.714.1323
Email: dave.baer@tpmechanieal.com