Enverity Engineering/FIRE/12,000/Eingine Generator ReplacementEnverity Engineering, LLC
Carmel Fire Department - 2014
Appropriation #102- 501.00; P.O. #24627
Contract Not To Exceed $12,000.00
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 Enverity Engineering, LLC, 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.
PERFORMANCE:
City agrees to purchase the goods and /or services (the "Goods and Services ") from Vendor using City
budget appropriation number 102 - 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:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Twelve Thousand Dollars ($12,000.00) (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, 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.
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Enverity Engineering, LLC
Carmel Fire Department - 2014
Appropriation #102- 501.00; P.O. #24627
Contract Not To Exceed $12,000.00
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 fling 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.
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.
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Enverity Engineering, LLC
Carmel Fire Department - 2014
Appropriation #102-501.00; P.O. #24627
Contract Not To Exceed $12,000.00
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., 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.
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Enverity Engineering, LLC
Carmel Fire Department - 2014
Appropriation 4102-501.00; P.O. #24627
Contract Not To Exceed $12,000.00
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
Carmel, Indiana 46032
If to Vendor:
Enverity Engineering
9229 Delegates Road, Ste. 150
Indianapolis, IN 46240
Telephone: 317 -706 -2075
ATTENTION: Barry K. Simpson, P.E.
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.
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Enverity Engineering, LLC
Carmel Fire Department - 2014
Appropriation #102- 501.00; P.O. #24627
Contract Not To Exceed $12,000.00
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 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, 20_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. 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.
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Enverity Engineering, LLC
Carmel Fite Department - 2014
Appropriation #102-501.00; P.O. #24627
Contract Not To Exceed 512.000.00
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 paragraph16 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 lerM 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 tereto, or their
successors in interest.
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
By:
o /one _SQ /)f
Jsme"s Brainard, Presiding Officer
Date:
M.ry A Burke, Member
Date: /U /.s —/y
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Lori S. Watson; ember
Date: A_/ JO /EC bil
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Enverity Engineering
By:
Authorized Signature-
Printed'Narne
Pkfs (OC.v."—
Title
FIDTTIN: 36 — 9C7 C23
Last Four of SSN if Sole'Proprietor:
Date: R/
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E N G I N E E R I N G ekwevfity
August 28, 2014
RE: Engine — Generator Replacement — Construction Documents and Construction Administration
Enverity No. 12217.001
Dear Bob:
Enverity Engineering is pleased to have the opportunity to provide engineering services for the
replacement of the existing engine - generator serving the City of Carmel Fire Department Headquarters
Building. The following is an outline of our understanding of the project scope and our proposed
professional fees for the project.
1. PROJECT SCOPE
1.1 The scope of the project involves the removal for salvage of the existing diesel engine -
generator serving the Carmel Fire Department Headquarters building and installation of a new
engine generator with sub -base fuel tank, transfer switch, and modifications to the main
switchboard to provide full backup to the facility in the event of loss of utility power.
1.2 The proper removal and disposal of the existing Underground Storage Tank (UST) is outside
the scope of this project. It is anticipated that this work will occur by others after the
installation of the replacement engine - generator system has been completed and is
completely functional.
1.3 A new engine - generator with weatherproof sound attenuated enclosure shall be installed to
serve the facility. The new engine - generator shall be appropriately sized to serve the entire
facility. The fuel service for the engine - generator will be diesel fuel in a base tank with a
transfer pump installed for fuel maintenance purposes and emergencies.
1.4 The engine - generator will power the entire facility through the existing automatic transfer
switch, installation of a new automatic transfer switch, and reconfiguration of the existing
switchboard and panelboard branch circuits.
1.5 Code compliance: The installation will comply with applicable codes and standards including
the Indiana Electrical Code section on Critical Operations Power Systems (COPS).
2. ENVERITY SCOPE OF SERVICES
Our proposed professional fee for the project includes design and construction administration
services for the project scope described above. Enverity will provide full design for civil and
electrical systems.
2.1 The Civil Engineering scope of work includes the development of detailed construction plans
and specifications for construction of the engine - generator slab on grade, earth berming and
grade changes.
EXHIBIT A-
address / office / JOT C enverityENG.com
9229 Delegates Row. Swte 150, Indianapolis, IN 46240 317 706 207.5
2.2 The Electrical Engineering scope of work includes the following items below.
2.3 Develop detailed electrical construction plans and specifications for the replacement of the
engine - generator, automatic transfer switches and electrical connections. Plans will prescribe
proper phasing to minimize losses of redundancy and ensure power interruptions are minimal.
2.4 Meet with Owner to review outage / cutover schedule to minimize outage time during the
reconfiguration of the engine - generator connection to serve the entire facility.
2.5 Meet with Duke Energy and review the plans for the disconnection and reconnection of the
transformer secondary. Discussions will include power conductors, connections, phasing of
work and associated Duke Energy costs.
2.6 During the Design Phase: We anticipate deliverables for 100% Owner Review and a Bid Set.
Meetings will be scheduled as appropriate during the design phase to obtain Owner input and
coordinate with Duke Energy. Meeting minutes will be prepared by Enverity and published to
the team. The 100% Owner review set will include an opinion of probable construction cost.
2.7 Review 100% Owner Review set with Owner at Owner's office and incorporate any changes
into Bid Set.
2.8 During the bid phase, Enverity will participate in a pre -bid meeting and walkthrough, respond
to RFI's, prepare Addendums as necessary, and offer recommendations based upon the bid
review.
2.9 Enverity will submit plans to the State of Indiana for Construction Design Release. Fees for
plan review will be billed as a separate reimbursable at actual cost with no markup.
2.10 During construction, Enverity will review shop drawings for compliance with the construction
documents, respond to Requests for Information (RFI), attend a pre- construction meeting and
perform a site visit after placement of the new engine - generator and attend a close -out
meeting and prepare one punch list.
2.11 All building plans shall be prepared via the application of the Autodesk AutoCAD 2D software
package.
2.12 Final record drawings of the contract documents will be submitted in electronic format. As -built
drawings shall be the responsibility of the contractor.
3. OUTSIDE SERVICES
The following tasks are by others and are included in Enverity's scope of services:
3.1 Central States Consulting will be retained by Enverity as a subconsultant to prepare a
topographic and utility survey.
EXHIBIT A
amenity
E N G I N E E R I N G
4. COMPENSATION
The professional fees for the scope of work described above will be a fixed fee of $12,000.00.
Billings will be submitted monthly based on the percentage of work completed within the phased fee
structure indicated below. Reimbursables for mileage and printing are included in our fixed fee.
Permit / filing fees will be billed separately at cost.
SEQUENTIAL BILLING STRUCTURE
Construction Documents and Bid Phase
Construction Administration Phase
TOTAL FEES
$10,000.00
$2,000.00
$12,000.00
5. ADDITIONAL SERVICES
Additional services are not anticipated, but if required will be billed at Enverity's standard hourly
rates attached. The Owner shall be notified in writing prior to incurring billable time for such
additional services.
6. EXCLUSIONS
6.1 This proposal is based upon the new engine - generator set being located in the grass area
near the existing garden immediately north of the northwest corner of the Civic Square.
Design for an alternate location may be deemed additional services.
6.2 Architectural / Structural Services associated with construction of any required screen wall.
This proposal is based upon the new generator being screened by earthwork and landscaping
installed by the Owner.
6.3 Surveying services associated with potential title or deed work are not included in this
proposal; however those services can be provided if required as an additional service.
6.4 It is not anticipated that this project will be required to be submitted to the City of Carmel for
drainage review and approval. If this is required, additional efforts required will be considered
additional services.
7. PROJECT SCHEDULE
7.1 Notice to Proceed
7.2 Issue 100% Owner Review documents
7.3 Issue Bidding documents
7.4 Bid Opening
7.5 Construction Start (notice to proceed)
7.6 Substantial Completion
E N G I N E E R F N G amenity
September 15, 2014
October 8, 2014
October 22, 2014
TBD, 2014
TBD, 2015
Late Spring, 2015
EXHIBIT 1_ -
30-E
We would like to express our gratitude for the opportunity to assist with this project. We look forward to
continuing our relationship with the City of Carmel and the completion of another challenging and
successful project. Please do not hesitate to call if you have any questions or concerns.
Respectfully,
ENVERITY ENGINEERING
Barry K. Simpson, PE
Director of Electrical Engineering
EXHIBIT A
C/ 0-rc
E N G I N E E P E N G enmevRy
Rates are effective through 12/31/14
HOURLY RATES /
REIMBURSABLE BILLING AMOUNTS
HOURLY RATES BY CATEGORY
Engineering
PI
EI
E2
E3
CI
E4
E5
E6
A2
Principal
Senior Engineer /Project Mgr.
Professional Engineer
Engineer
Construction Representative
Senior Engineering Designer
Engineering Designer
Engineering Technician
Administrative Coordinator
$ 185.00
$ 155.00
$ 135.00
$ 125.00
$ 120.00
$ 115.00
$ 90.00
$ 75.00
$ 75.00
REIMBURSABLE BILLING AMOUNTS
Each Unit
8.5 x I 1 Printing & Photocopies
1 I x 17 Printing & Photocopies
Large Plots & Photocopies
Color Copies 8.5 x 11
Mileage per mile
Consultant Fees, Travel Expenses, Parking Fees,
Long Distance Telephone Charges, Non- standard Reproduction
Items, Shipping and Courier Service
www.enverityENG.com
Indiana 317.7062075 I Kentucky 502.584.8930
$ 0.16
$ 0.32
$ 3.25
$ 2.00
$0.56
Cost + 10%
EXHIBIT A