Ben-Hur/CRC/55,000/retrofir truss2 palladium domeBen Hur Construction Co.
CRC - 2015
Appropriation #902-4460807; P.O. #33126
Contract Not To Exceed $55,000
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 Redevelopment Commission ("CRC"), and, Ben Hur Construction Co., 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:
CRC agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using CRC
budget appropriation number 902-4460807 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:
311
Vendor estimates that the total price for the Goods and Services to be provided to CRC hereunder
shall be no more than Fifty -Five Thousand Dollars ($55,000.00) (the "Estimate"). Vendor shall submit
an invoice to CRC no more than once every thirty (30) days detailing the Goods and Services
provided to CRC within such time period. CRC shall pay Vendor for such Goods and Services within
thirty five (35) days after the date of CRC'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 CRC that would cause the total cost of the
Goods and Services provided by Vendor to CRC hereunder to exceed the Estimate, unless CRC 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 CRC and/or by Vendor to and accepted by CRC pursuant to or as part of that certain
CRC Quote Proposal Package for the "Carmel Truss Retrofit" received by the CRC on or about June
23, 2015, 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 CRC's intended use and expressly warrants that the Goods and
Services provided to CRC pursuant to this Agreement have been selected by Vendor based upon
CRC's stated use and are fit and sufficient for their particular purpose.
TIME AND PERFORMANCE:
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Ben Hur Construction Co.
CRC -2015
Appropriation #902-4460807; P.O. #33126
Contract Not To Exceed $55.000
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.
DISCLOSURE AND WARNINGS:
If requested by CRC, Vendor shall promptly furnish to CRC, in such form and detail as CRC 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 CRC sufficient written waming 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 property of CRC or the City of Carmel, Indiana
("City"). 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, CRC 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 CRC 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, CRC 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 CRC 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 CRC, the
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 CRC and City as additional insureds on all such insurance policies, shall promptly
provide CRC and 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 CRC and City. Vendor shall indemnify
and hold harmless CRC and 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 CRC or City property.
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Ben Hur Construction Co.
CRC - 2015
Appropriation #902-4460807; P.0.1/33126
Contract Not To Exceed 555.000
Vendor further agrees to indemnify, defend and hold harmless CRC and City, and their respective 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
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
CRC 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 CRC 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 CRC 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 CRC 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 CRC's prior written consent.
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Ben Hur Construction Co.
CRC - 2015
Appropriation #902-4460807; P.O. #33126
Contract Not To Exceed S55,000
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 CRC. The contract price
set forth herein shall be the full and maximum compensation and monies required of CRC 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 govemed 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 CRC: Carmel Redevelopment Commission AND
30 West Main St., Ste. 220
Carmel, Indiana 46032
ATTENTION: Corrie Meyer
Douglas C. Haney, City Attorney
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Ben Hur Construction Co.
2120 Montcolm Street ?e $e% ttsgf
Indianapolis, IN 46202 '{(027.2
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, CRC 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 CRC 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
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Ben Hur Construction Co.
CRC - 2015
Appropriation #902-4460807: PD. #33126
Contract Not To Exceed $55.000
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 CRC 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 CRC may, from time to time, request Vendor to provide additional
goods and services to CRC. When CRC desires additional goods and services from Vendor, the CRC 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 CRC 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 CRC. A copy of the CRC'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 CRC.
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. THIRD PARTY BENEFICIARIES
Except as provided in paragraphs 7 and 9 hereof, this Agreement gives no rights or benefits to anyone other
than CRC 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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Ben Bur Construction Co.
CRC - 2015
Appropriation #902-4460807; P.O. #33126
Contract Not To Exceed $55,000
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and CRC 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:
CARMEL REDEVELOPMENT COMMISSION BEN HUR CONSTRUCTION CO.
BY:
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Corrie Meyer, Executive D'r-. for
Date: 1/Zi �S
William Hamme , resident
Date:
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HUR
CONSTRUCTION CO.
June 23, 2015
Shiel Sexton Co.
902 N. Capitol Ave.
Indianapolis, IN 46204
Attn: Mike Anderson
Re: Carmel Truss Retrofit
6/3/15 Drawings
Mike:
P.O. BOX 22345 • INDIANAPOLIS, INDIANA 46222
(317) 6354816 • FAX (317) 635-0898
Ben Hur Construction Company is certified by the American Institute of Steel Construction to
have the personnel, organization, experience, capability and commitment meeting the requirements
of Advanced Certified Steel Erector category as set forth in the AISC Certification Program.
We propose the following price to furnish the necessary tools, labor, equipment and supervision
required to perform the Truss Retrofit Activities in accordance with the June 3, 2015 drawings
Labor: 580 man hours @ $75.00/hour $43,500.00
Equipment: $ 4,000.00
Material: $ 7,500.00
Total Budget:
Our price is based on the following conditions:
1.) Scaffold access to be provided by others at no cost to BHCC
$55,000.00
AISC CERTIFIED ADVANCED STEEL ERECTOR
ST. LOUIS • INDIANAPOLIS • CINCINNATI
Electrical connection and electricity for our welding machines to be provided by others at
no cost to BHCC.
3.) Interferences are to be removed by others prior to the start of our work.
4.) All field connections are to he installed per the McComas Engineering Truss Retrofit
Drawings dated 6/3/15
5.) We have included the removal of fireproofing, patching or replacement (if required) will be
by others at no cost to BHCC
6.) If bond is required, add $8.50 per $1.000.00.
7.) Reaching mutually agreeable contract terms and conditions.
8.) Work schedule shall be 5 days/week, 8 hours/ day during "normal" working hours.
BEN HUR CONSTRUCTION COMPANY specifically excludes:
a.
b.
c.
Touch up painting.
Testing or inspection.
Liquidated damage, loss of use damages, and consequential damages.
Payment Terms: Net thirty days with 100% of work complete, invoiced each
Month.
We carry Workers Compensation Ltsurance with Statutory Limits, Automobile Liability with a
$1,000,000 limit and Commercial General Liability Insurance with limits of $1,000,000 per
occurrence, $2,000,000 Aggregate. In addition, Umbrella Liability coverage is provided.
Certificates indicating such coverage will be famished prior to starting operations on this project.
In the event Ben Hur Construction is considered for the award of this contract, we request a "Pre -
Award" meeting to review our assumptions and scope of work.
This proposal is subject to review if not accepted within 30 days.
Thank you for this opportunity to be of service.
Very truly yours.
BEN HUR CONSTRUCTION CO Y
Scott A. Bullerdick
Vice President
Johnson, Sandy M
From: Lee, Mike E
Sent: Monday, October 19, 2015 1:48 PM
To: Johnson, Sandy M
Cc: Sheeks, Cindy L
Subject: RE: Ben Hur
It shouldn't need Council approval since it is a construction contract. I submitted the contract and PO at the same time
as the claim to make it easier on your office to locate all of them in order to process the claim. If you would like for me
to submit these items in a different way please let me know.
Thanks,
Mike Lee
From: Johnson, Sandy M
Sent: Monday, October 19, 2015 1:34 PM
To: Lee, Mike E
Cc: Sheeks, Cindy L
Subject: Ben Hur
What are we doing with Ben Hur? You have a contract, PO and claim in all at the same time. Does this need Council
approval?:
Sandy Johnson
Clerk Treasurer's Office - Asset Manager
One Civic Square
Carmel, In 46032
317 5712628
1