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HomeMy WebLinkAboutGilly's Flooring Brokers/CFD 3,GiIIy c flooring Brokers Inc Fire Department 2009 Appropraton #43 501 00 P 0 #12688 APPROVED( Contract Not To Exceed $4 991 42 FORAM By V I O 1 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES Agreement) is hereby entered into by and between the City of Carmel Indiana acting by and through its Board of Public Works and Safety City) and Gillys Floonng Brokers Inc an enhty duly authonzed to do business in the State of Indiana ('Vendor TERMS AND CONDITIONS 1 ACKNOWLEDGMENT ACCEPTANCE Vendor acknowledges that it has read and understands this Agreement and agrees that its execuhon of same constitutes its acceptance of all of the Agreement s terms and conditions 2 PERFORMANCE City agrees to purchase the goods andlor services (the Goods and Seances) from Vendor using City budget appropriation number 43 501 00 funds Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards 3 PRICE AND PAYMENT TERMS 31 Vendor estimates that the total pnce for the Goods and Services to be provided to City hereunder shall be no more than Four Thousand Nine Hundred Ninety One Dollars and Forty Two Cents ($4 991 42) (the Eshmate) 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 ofthe Goods and Services provided by Vendor to City hereunder to exceed the Estimate unless Crty has previously agreed in wnting to pay an amount in excess thereof 4 WARRANTY Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications descriptions and /or quotations regarding same as were provided to Vendor by City and /or by Vendor to and accepted by Crty 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 Citys stated use and are fit and sufficient for their particular purpose PM Biti. My DoesseWerra 0 RerrxaILW4SO 1 &Sem n In I4607 ix IOW= 4o 2i AMI 1 r- -filly s Flooring Brokers Inc Fire Department 2009 Appropriation #43 501 00 P 0 #12688 Contract Not To r'xceed $4 991 42 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 fist of all chemicals materials substances and items used in or dunng 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 appropnate labels on containers and packing) of any hazardous matenal utilized in or that is a part of the Goods and Services 7 LIENS Vendor shall not cause or permit the fling of any lien on any of City s property In the event any such hen is filed and Vendor fails to remove such hen within ten (10) days after the filing thereof, by payment or bonding City shall have the fight 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 Vendors 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 conshtuting an event of default hereunder City shall have the nght to (1) terminate all or any parts of this Agreement without liability to Vendor and (2) exercise all other nghts 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 dunng 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 compensaton 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 destruchon of property, including, but not limited to, any loss of use resulhng therefrom The coverage amounts shall be no fess 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 nohce 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 connechon with Vendors provision of Goods and Services pursuant to or under this Agreement or Vendors use of City property IMF Baaaaaemaa aFmeemsan SF04410an6 L San a Rev 145-117 r.I1/2/20P 10 ]SAVI 2 ,GiIiy s floonng Brokers Inc Fire Department 2009 Appropnatton #43 501 00 P 0 #12688 Contract Not To rxceed S4 991 42 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 attomey fees and other expenses caused by any act or omission of Vendor and/or of any of Vendors agents officers employees contractors or subcontractors in the performance of this Agreement These indemnification obligations shall survive the termination of this Agreement 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 Vendors 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 discnmination 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 pnvileges of employment and any other matter related to their employment or subcontracting because of race religion color sex handicap national ongin ancestry age disabled veteran status and /or 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 pnor wntten 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 nght to a jury tnal agree to file any such lawsuit in an appropnate court in Hamilton County Indiana only and agree that such court is the appropnate venue for and has junsdiction over same It L NAM oea esef®.asem wuusa.S& Semite In mama. IWYtlw 1ti' Awn 3 Gdly s Floonng Brokers Inc Fire Department 2009 Appropnation #43 501 00 P t) #12688 Contract Not To Exceed $4 991 42 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 retum receipt requested to the party to be notified at the address specified herein If to City City of Carmel One Civic Square Carmel Indiana 46032 ATTN Keith Smith Fire Chief AND Douglas C Haney City Attorney Department of Law One Civic Square Carmel Indiana 46032 If to Vendor GIIly s Floonng Brokers Inc 1125 Brookside Avenue Suite C Indianapolis Indiana 46202 317 919 7554 or 639 6236 ATTENTION Steve Weinberg Notwithstanding the above notice of termination under paragraph 18 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 18 TERMINATION 181 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 wnting to a greater amount [LIES. W tern M fwd So. mbOMla Omb l berm En 1 0%01 dwI 2'10091015 ANf 4 Golly s Floonng Brokers Inc Fire Department 2009 Appropriauon #43 501 00 P 0 #I2688 Contract Not To Exceed S4 991 42 18 2 City may terminate this Agreement at any time upon thirty (30) days pnor nobce 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 terminaton except that such payment amount shall not exceed the Estimate amount in effect at the time of terminahon 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 authonty to bind the party which they represent 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 wnting 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 shah be in effect from the Effective Date through December 31 2009 and shall on the first day of each January thereafter automatically renew for a penod 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 voluntanly and without any duress undue influence or coercion IZG Goladda -co Oft uo do wIIZIMS Goad LSolos W 1s41ia IYY81W LMI AMl s r 'h 1 h i rrr limAL In. 1 nl Dtpnntam _lint r \pn� 'pi' ,lino 14 a PU 7l.r hit n^i \pr rw t btu lit. 901 J 26 EPiiIFF AGREEMENT mots Agreement l'g..tnet with any exhibits attached heretc or re erencad herein constitutes ttw emrre egteemert beta een Vendor and City anm respect to the sulyccl matter hereof and supersedes al' prior oral or wn'ten reprssenlalicns and agreements regarding same hot vflhelandu'a_ anv other term or condition set forth herein but subject to paragraph 16 hereof to the extent any Perm or condition contacted m any exhrblt attach d to Itus Agreement or in any document refe enced herein conflicts with agy term or condgion contained m this Agreement the term or coarntion contained in this Agreement shat gorem aid preia'I Thus Agreement may only be modllwd by writtel amendmen executed by both parties hereto or their successors in Interest lit WITNESS WHEREOF the parties hereto hrva made and eyecLted Om Agreement as folio vs CITY OF CARMEL INDI41''A GUY S FLOORING BROKERS INC by and lhrougn its Board of Public Work and Safety By By Ciu James 3 amard Presiding Officer t+u honed Sto at'Jre Date ?MOP' 4 A Sik ve 1 _ad Panned Name Mary A nn 3rkr ,hie tier 10 �t Date I Tam L:, i :Umber FIDfilr t 5s 0 So 7771 Oat (0/.4 10/ 0/ 0 9 gaol OD r z Trd SSN if Solt Pmpnetor -sTTE Dare ./2/41? rana Cordray IF r i Clerk Tier. OP •ate /0/W 6 yv raJ\ a a4 u i L It 6 r GILLY'SFLOORINGBROKERS INC Estimate 1125 BROOKSIDE AVENUE SUITE C INDIANAPOLIS IN 46202 Date Estimate 9/14/2009 9059 Name /Address Cannel The Department 2 Civic Square Carmel IN 46032 9695 317 571 2609 (work) Captain Reeves 317 571 2615 (facsunile) Project Item Description Qty Rate Total Upper Level Lakeroom main walkways Spactficsnons 26mtnogOlefinConimercialCarpet Replacing Covebase Think you for the opportunity to be of service Fnclamed is the test for the carpet labor carpet fnaght for the Common Areas (Dormitory end to Battalion Chid ..nd) Carpet Mohawk Manufacturer 135 6 09126 822 32 Defender Style #6355 26 ounce level loop olefin Any color 1)'x81 adhesive Carpet Glue ICD 259 4 gallon pail or 20 gallons total 31 644 lag 22 Covebase 4114 Wall True 120 lineal feet per canal 360 060 21600 —complimentary color to carpel labor Remove reset tarmac by Firefighter guys 0 000 000 labor Scrape up dispose of old shoed carpeting 122 162 197 64 labor Installation of new Glued carpetuig Wallbase True 122 5 25 640 a0 freight Carpet Freight 135 0 504 68 04 S15 5Sfyard 1 73/t1 metalled car new Covebase Tom $13 577yard installed save old Wall trim {270 36} Indiana Sales Tax 1 7 00% 000 Enjoy m Good Health—alt Flaanng Brokers Total S2 10272 Phone 317 6396236 "EXHIBIT 1 Y GILLY'S FLOORING BROKERS, INC Estimate 1125 BROOKSIDE AVENUE SUITE C INDIANAPOLIS IN 46202 Date Estimate 0 9/10/2009 9056 Name Address Carmel Fire Department 2 Cove Square Carmel IN 46032 8695 317 571 2609 (work) Captem Reeves 317 571 2615 (facsimile) Project Item Desenptton City Rate Total Spa ushonns_...71i otnee Olefm Commercial Carpet Replacmg Covebase Thank you for the appo tumty to be of service Enclosed is the cost for the carpet labor carpet freight for the DonmOmv /f ntertarmoenl room Carpet Mohawk Manufacturer 189 93 6 09122 1 153 25 Defender Style 06355 26 ounce level loop olefin Any color 12 x 142 adhesive Carpet Glue ICD 250 4 gallon pal or 20 gallons total 5 31 644 15822 Covebase 4 1/4 Wall Tnm 120 hneal feet per carton 360 060 216 00 --complimentary color to carpet labor Remove reset finntture by Firefighter guys 0 000 000 labor Scrape -up dispose of old glued carpetmg 184 25 1 62003 298 49 labor Installation of new Glued carpeting Wallbese Tnm 184 25 5 25004 967 32 freight Carpet Freight 189 33 0 50399 95 42 515 26 /yard 1 70/ft metalled w/ new Covebase Tam SI3 83/yard installed save old Wall tnm (270 36) Indiana Sales Tax 1 700% 0 00 Eayov in Good Health Gillis Flooring Broken Total S2 88870 Phone 2 St "EXHIBIT 317 639-6236 Sieve Uai'a bety y/y2,SSf! 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