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HomeMy WebLinkAboutSignal Construction/Street/$23,765/Traffic Light Repair Signal Construction, Inc. Street-2013 Appropriation#43-500.60 ; P.O.#26328 Contract Not To Exceed $23.765.00 Cit AGREEMENT FOR PURCHASE OF GOODS AND SERVICES tics 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 Signal Construction, Inc., an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 43-500.60 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 Twenty Three Thousand Seven Hundred Sixty Five Dollars ($23,765.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within 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 conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Street Department Bid Proposal Package for "Traffic Light Repair", 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. [VJUVInpI.frtn Yv-s�o'IAUlihaNNml S,,A GALL.Swavm40U61GRAL CONSTRUCTION'dcIl11VEO1]11]:57 P>II Signal Construction, Inc. Street- 2013 Appropriation#43-500.60 ; P.O. #26328 Contract Not To Exceed$23,765.00 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. 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. �1\Im+apPel\m irbu-almm'l.\W\+L:udU'm6w,k GxW S,ssQ4a1\.I1 3\SIORAI.CONSTRUCTION dixJ I/Ir UI It,2:7 PM) Signal Construction, Inc. Street-2013 Appropriation#43-500.60 : P.O. #26328 Contract Not To Exceed $23.765.00 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. 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., Vendor shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Vendor is further required to execute the attached Affidavit, herein referred to as Exhibit D, which is an Affidavit affirming that: (i) Vendor is enrolled and is participating in the E-verify program, and (ii) Vendor does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Vendor shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Vendor and delivered to the City's authorized representative. Should Vendor subcontract for the performance of any work under this Addendum, the Vendor shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (H) the subcontractor has enrolled and is participating in the E-verify program. Vendor shall maintain a copy of such certification for the duration of the term of any subcontract. Vendor shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Vendor, or any subcontractor of Vendor, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Vendor or subcontractor subsequently learns is an unauthorized alien, Vendor shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Vendor or any subcontractor of Vendor fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply should the E-Verify program cease to exist. �IlcoiallNllLO Jya-a�'IdUhM1aaWPrnl:SA.k Gn4Sa'Stro @III SIGNAL CONSTRUCTION dot 10IIV101r PAID Signal Construction. Inc. Street-2013 Appropriation#43-500.60 ; P.O. #26328 Contract Not To Exceed$23,765.00 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, 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 Douglas C. Haney, City Attorney One Civic Square Department of Law Carmel, Indiana 46032 One Civic Square ATTENTION: Dave Huffman Carmel, Indiana 46032 If to Vendor: Signal Construction, Inc. 5639 West U. S. 40 Greenfield, IN 46140 Telephone: 317-894-0120 E-Mail: ATTENTION: Mike McGhee 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. (\\la+nl,l,xlW.0 lima.aJ,m,'L.Waha,aI.P,,,lS.t,A God,5o.\Sir,o1Vi113'SIGNAL CONSTRII(TON.,I.,11111/2111 12:57 PTII Signal Construction, Inc. Street-2013 Appropriation#43-500.60 ; P.O. #26328 Contract Not To Exceed$23.765.00 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. 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, 2013 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. NI.Naryn Puv+Jay-akom'LA VA.ha/JNrol S.,.k Gam].S.RSVaoIQ11U51GNAL CONSTRUCIIOV dot J/IN2O1}12:S7 P>Q Signal Construction, Inc. Street-2013 Appropriation#43-500.60 ; P.O.#26328 Contract Not To Exceed$23,765.00 26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document, it does not engage in investment activities within the Country of Iran. 27. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 28. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA SIGNAL CONSTRUCTION, INC. by and through its Board of Public Works and Safety By: By: 5thllte /7j, -47 ames Brainard, Pre idin Officer Authorized Signature Date: ) ' / M ;t \r4e\ M Gee to r.e, r,.�� Printed Name M.ry Atn Burke, mber • Date: � � Ric rrS Title i Lleri S. son, Member FID/TIN: - j 71 oloz- Da e: 0-/h/13 Last Four of SSN if Sole Proprietor: ATTEST: / ///dieg Date: 7anu��,� i t-� Zo l a Diana Cordray„; a MCyy Clerk-Treasurer bate: -(p /3 p\Irxvvpm.l\uw dam-ad,,,m ANl,h,,,,h m1;Sm,OC MSr4<5rrcai UUI1$lGNAL CGNSTFL'C'TION rF a.:I/11201 U Si?PM] BID PROPOSAL SUMMARY PAGE Complete the following information and place as the cover page to your bid packet. Insert all documents into an envelope with project name and your company name clearly marked on the outside. Seal the envelope. Company: S. ns\-rct u z'!c_01 04J Project Name: *13 -©1 ; rc, � � ' � Aao„ 'e,unce. Date Submitted: / - / 9 /2 Base Bid Amount: a3 7 (Q s. Co Alternate 1 Bid Amount: Alternate 2 Bid Amount: Alternate 3 Bid Amount: Alternate 4 Bid Amount: Alternate 5 Bid Amount: Alternate 6 Bid Amount: Revised 11/19/2012 EXHiMT 4 � � Y PART 1 QUOTER INFORMATION (Prints 1.1 Quoter Name: Jnal CoflsTt'ucX10n Lac-, r 1.2 Quoter Address: Street Address: 5&'31 lit). US 46 City: 6rerntie/J State: .ZIJ Zip: 4/62 /' Phone: SI7-8V'7- Ono Fax: Si7-B9V-2-12-I 1.3 Quoter is alan [nark one] Individual Partnership X Indiana Corporation Foreign (Out of State) Corporation, State: Joint Venture Other 1.4 [The folloring must be answered if the Quoter or any of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City of Cannel. Indiana.foreign corporations must register With the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General's Opinion #2. dated January 23. 1958.] .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: AJ QUOTE-2 V:\Sienal Records-Cannel\2012\Carmel Front End.docc ]� • PART 3 CONTRACT ITEMS AND UNIT PRICES This valuation of the lowest Quote will be based on the sum of the first seven (7) items as follows: Item# Description Estimated Unit Total Quantity Price 1 Emergency Response Maintenance 50 / I c7,cn 5 500.a, 2 January Semi-Annual Inspection, Scheduled Maintenance, Traffic Signals 41 jay, co 5 t a5. oo 3 July Semi-Annual and Annual Inspection, Scheduled Maintenance, Traffic Signals 41 Q90 .cc 14 890 .cc 4 January Semi-Annual Inspections, Scheduled Maintenance, Flashers 1 75.E 75.00 5 July Semi-Annual Inspections, Scheduled Maintenance, Flashers I 75,OD 775.00 6 February Semi-Annual Inspection, Scheduled Maintenance, School Flashers I I 5'oLAD CCO.co 7 August Semi-Annual Inspection, Scheduled Maintenance, School Flashers 11 5o.& SSO .00 Base Quote Total 44,33 76 .ao However, the Board reserves the right to reject any quote wherein any item(s) appear(s) to have been quoted at an inflated price. Item# I Description Unit Unit Price 8 Skilled Laborer Per Hour 90 oo 9 Unskilled Laborer Per Hour 00 10 Boom Truck Per Hour ys .00 I I Aerial Truck Per Hour q 00 12 Signal Maintenance Truck Per Hour /5,06 13 Anchor Bolt Repair Each l35.co 14 Install Sign Each /(n5.00 15 3C/#8 Signal Cable LFT �. co 16 3C/#]4 Signal Cable LFT a, 00 17 5C/#14 Signal Cable LFT 5 18 7C/#14 Signal Cable LFT a Flo 19 2C/#16 Shielded Cable for Loops LFT a0 20 Loop Installation LFT 7 cc 21 Tighten Span & Catenary and Tether Cable Each apo. 00 22 Install Signal Head or Pedestrian Head Each /75 co �//` QUOTE-4 V'\Signal Records-Carmel\2012\Carmel Front End.doc �j 23 Adjust Detector Housing to Grade Each /75 co 24 Installation of Detector Housing Each 2,00 Co 25 Adjust Handhole to Grade Each I 90 26 Cabinet Foundation Expansion Each Sc CO 27 Install Tether Cable Each `i/50 CO 28 Install or Replace Traffic Signal Controller Cabinet Each (075,00 29 Install Direct Bury Cable LFT S.00 30 Install Traffic.Signal Pole & Mast Arm Each (000 0o 31 Install Traffic Signal Strain Pole Each ,OO on 32 Pedestal Foundation, Type `A" Each .50 co 33 Controller Foundation, Type"M" Each 7oc co 34 Controller Foundation, Type "P-I" Each 750. cb 35 Signal Mast Arm Foundation, 2'-6"x 2'-6" x 6'-0" Each e56 ab 36 Signal Mast Arm Foundation, 3'-0"x 3'-O" x 7'-0" Each ?CO 37 Steel Strain Pole Foundation, 3'-0" Dia x 12"-0" Each �,�SG .00 38 Install 2" Galvanized Steel Conduit LFT a.. .60 39 Install 35' —45` Class 2 Wood Pole. Down Guys. Anchor I Each /000 40 Install New Handhole Each 950 41 Install or Replace Electrical Service Each 750.00 42 Install Disconnect Haneer 1 Each . a) 43 Install Span, Catenary & Tether w/ Fittings I Each L200 , 00 44 Fiber Optic Interconnect Cable LFT 7 on 45 Flasher— Strobe Bulb Replacement Each 100 . GO 46 Install Pedestal Mounted Flasher Assembly Each 500 .00 47 Install Pedestrian Push Button and Sign Each 90.eo 48 Replace Traffic Signal Bulbs with Led's Per Each 5 co 4 QUOTE-5 V:\Signal Records-Carmel\20121Carmel Front End.doc "��/