Zeal ConstructionPROPOSAL
FOR
APPROVED, AS TO
FORM BY: (~
CITY OF CARMEL, INDIANA
PROJECT
TRAFFIC SIGNAL MAINTENANCE
CARMEL, INDIANA
TRAFFIC SIGNAL MAINTENANCE
QUOTE PROPOSAL AND CONTRACt DOCUMENTS
PLANS CER'HIqF. I~ BY:
.~~. ehribW. 'hribach, P.E.
Indiana Registration No. 12855
A&F Engineering Co., Inc.
5 172 East 65"' Street
Indianapolis, IN 46220
(317) 842-0864
I:~docs%bids~cannel2OO0
TRAFFIC SIGNAL MAINTENANCE CONTRACT
TABLE OF CONTENTS
Page
Proposal
Itemized Unit Price Schedule
Scope of Work
Information and Instructions for Bidden
Special Provisions
Non-Collusion Affidavit
Agreement for Purchase of Goods & Service
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PROPOSAL
BOARD OF PUBLIC WORKS & SAFETY
CARMEL, INDIANA
Pursuant to the notice that sealed quotes for the maintenance of traffic signals, as described
below, will be received by Mr. David Klingensmith, Cannel Street Department, 211 2'~ Street,
Carreel, Indiana 46032 until /O:~t~ ,I~M E.S.T. on the /.~ day of
/~C~5~/~ ,1999 when all proposals will thereafter be publicly opened and read.
The undersigned hereby tenders this quote to maintain all traffic signals in Carreel, Indiana, in
accordance with the Special Provisions to furnish all necessary machinery, equipment, tools,
labor and other means of construction and to furnish all materials specified in the manner and
at the time prescribed under the supervision and direction of the Street Commissioner or an
authorized representative for the unit prices quoted in the accompanying Itemized Proposal.
The undersigned has filled in the Itemized Proposal sheet with a unit price for each item listed,
has executed the form of the contract ~ed herewith as a part of this proposal, which execution
shall be regarded as the signing of the contract for the proposed work to be in full force and
effect from the date of the signatures of the Board of Public Works & Safety. The undersigned
has also executed the non-collusion affidavit filed herewith.
Witness my hand this ~5 '~ ~'' day of '~ P C e ~ b e ('
,1999.
Contractor: ZEAL
Address:
CONSTRUCTION SERVICES, INC.
6148 S. BELMONT AVENUE
Signed By:
Printed:
INDIANAPOLIS, IN 46217
Title:
C:\docs~bids~ffme!2000
ITEMIZED UNIT PRICE SCI-rH3ULE
TRAFFIC SIGNAL MAINTENANCE CONTRACT
CARMEL, INDIANA
This contract will be awarded based on the sum of the first five (5) items as follows:
Item # Description Total
Estimated Unit
1 Emergency Response Maintenance 40 62.00 2480.00
Scheduled Maintenance, Quarterly Inspections, 96 51. oc 4896. oo
2 Traffic Signals
Scheduled Maintenance, Annual Inspections, 24 241.0C 5784.00
3 Traffic Signals
Scheduled Maintenance Quarterly Inspections -
4 Flasheva 24 28. oc 672.00
Scheduled Maintenance, Annual Inspections - 6 120.0C 720.00
5 Flasheva
Total
$14,552. O0
However, the Board reserves the right to reject any quote wherein any item(s) appear(s) to
have been c uoted at an inflated price.
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Description Unit Unit Price
Anchor Bolt Repair Each $ 152.00
Install Siam Each $ 68. oo
3C/#8 Sirereal Cable LFT $ 1.50
3C/#14 Signal Cable LFT $ .78
5C/#14 Signal Cable LFT $ .91
7C/#14 Signal Cable LFT $ 1.24
2C1#16 Shielded Cable for Loops LFT $ 1.00
Loop Installation LFT $ 9.14
Tighten Span & Catenary and Tether Cable
Each $ 110. O0
Install Signal Head Each $ 75.00
Adjust Detector Housing to Grade Each $ 175.00
Installation of Detector Housing Each $ 471.00
Adiust Handhole to Grade Each $ 149.00
Cabinet Foundation Expansion Each $ 6o8. oo
Install Tether Cable Each $ 241. on
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Install or Replace Traffic Signal Controller
Cabinet
Install Direct Bury Cable
Install Traffic Signal Pole & Mast Arm
Install Traffic Signal Strain Pole
Pedestal Foundation, Type ' A'
Controller Foundation, Type
Controller Foundation, Type 'P-1
Signal Mast Arm Foundation, 2'-6'x2'-
6'x6'-0'
Signal Mast Arm Foundation, 3'-0'x3'-
0'x7'-0'
Steel Strain Pole Foundation,3'-0' Dia x
12'-0'
Install 2' Galvanized Steel Conduit
Install 35' - 45' Class 2 Wood Pole, Down
Guys, Anchor
Install New Handbole
Install or Replace Electrical Service
Install Disconnect Hanger
Install Span, Catenary & Te~er w/Fittings
Flasher - Strobe Bulb Replacement
Install Pedestal Mounted Flasher Assembly
Skilled Laborer
Unskilled Laborer
Boom Truck
Aerial Track
Signal Maintenance Truck
~ch
LFT
Each
Each
Each
Each
Each
Each
Each
Each
LFT
Each
Each
Each
Each
Each
Each
Each
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
$ 1 51. O0
$ 1.40
$ 510.00
$ 365.00
$ 275.00
$ 525.00
$ 605.00
$ 641.00
$ 852.00
$1,394.00
$ 14.10
$ 405.00
$ 602.00
$ 371.00
$ 204.00
$ 694.00
$ 48.00
$ 408. O0
$ 49.85
$ 30.45
$ 14.10
$ 11.80
$ 8.2o
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SCOPE OF WORK
The work contemplated in this contract includes the following:
The performance of "F. mer~ency R~ponse Maintenance' on all traffic signals in
Cannel, Indiana;
The performance of "Scheduled Msinten~nce" on all tnffic signals in Carreel, Indiana;
The performance of 'Non-Routine Maintenance" on any traffic signal installation in
Carreel, Indiana;
as defined and specified in other parts of this Contract Document.
INFORMATION AND INSTRUCTIONS FOR QUOTERS
Owner:
The City of Cannel, Indiana, acting through its Board of Public Works & Safety
hereinafter, throughout this document called the Owner.
Ing~ctor:
The Carreel Street Commissioner, acting directly or through a duly authorized assistant
or other representative hereinaf~, throughout this document called the Inspector.
The proposal shatl consist of the completed Proposal Form bound with the
Specifications as furnished by the Owner and a signed non-collusion affidavit. All of
these forms must be contained in a sealed envelope, which shall be properly marked on
the outside to show the name of the quoter, name of the work being quoted upon, and
the time when said quotes are scheduled to be opened.
Non-Collusion Affidavit:
The affidavit of non-collusion must be made by the person, member of the firm, or
authorized officer of the corporation making the proposal; and if made by a member of
a firm or officer of a corporation, the affidavit must be made on behalf of said firm or
corporation.
Si[,natures:
Sheets in the Proposal Book requiring signatures, if signed by an individual, just give
the name and address; if signed by a corporation or partnership just give the name and
address of the firm, together with the name and position (such as President, Secretary,
Co-partners, etc.) of the person signing.
All quotes must be filed with the Owner on or before the day and hour stated in another
pan of this Proposal Book. No proposal presented after this time will be accepted and
permission will not be given to withdraw, modify, explain or correct any figure or
signature or description in any such quote, certified check or affidavit.
7. Opening:
All proposals on file at the time scheduled for opening will be publicly opened and
read; and they shall be available thereafter for inspection by any interested party.
J:\do~sXbidsXcanml2000 5
10.
11.
12.
Withdrawal of Proposal:
No proposal may be withdrawn, altered, or qualified after the scheduled time for
opening; and all proposals shall remain in effect for thirty (30) days unless set out
otherwise in the advertising and the Notice to Quoters.
Ri~,ht to R~ect Quotes:
The Owner reserves the right to reject any or all quotes and to judge the character and
sufficiency of any samples of materials submitted or materials quoted upon.
The Owner will, without unnecessary delay and at the earliest possible time, make the
award to the best quoter.
Forffls:
All forms required are bound in this book and are to be completed by each quoter and
returned bound as received. A duplicate book is furnished for the quoters file.
Prices shill always be stated in figures. They shall be stated in words where requested.
All prices must be so distinctly expressed that there can be no doubt as to the meaning
thereof. Illegible figures shall be just cause for rejection of any proposal.
13.
Unit or Lump Sum Prices:
Quoters must divide their quote amount into the prices called for on the Proposal Form
included in this document.
14.
15.
Estimated Quantities:
The estimated quantities required to complete the work are intended to be l~'ue and
correct but are not guaranteed. Insertion of new items in the form by the quoter may
result in the proposal being declared a counter proposal and may result in it being
rejected.
O~,nli~cations:
Persons, firms, or corporations submitting proposals shall be prepared to demonstrate
to the satisfaction of the Engineer that they have the proper facilities, expert work-
persons, necesary capital, and experience to execute the contract in a proper manner;
otherwise their quote will not be considered.
l:~do~s~bids~tmsl2000 6
16.
17.
18.
19.
20.
21.
The quoter must have complied with the Ire-qualification Regulations of the Indiana
Department of Transportation (INDOT). The quoter must have previously applied to
INDOT for qualifications and received a Certificate of Qualifications before the time
fixed for receiving quotes. Quotes ~ed by any person who has not been qualified
according to the terms of the Pre-quali~ca~on Regulations will not be considered by the
Owner.
Choice of Mnterisls nnd l~luipment:
In cases where the specifications permit the choice of one material from a group of two
or more satisfactory materials, the Inspector reserves the fight to designate the material
which shall be used, unless the quoter makes a designation of the material being quoted
upon, when they submit their proposal. The same condition applies to equipment.
Plyment:
The payment for the service herein provided will be paid for based on the unit prices
set forth in the Proposal Form, upon the receipt of a properly executed invoice and
claim form. However, no more than one invoice per month may be submitted.
Acceptance of Propo~ls:
No quote will be accepted or a contract awarded to any person, firm or corporation that
is in arrears to the City upon any debt or contract; or who has failed to execute in
whole or in part in a satisfactory manner, any contract with the Owner, or who is a
defauiter as to surety or otherwise upon any obligation to the City.
Commencing Work:
The work shall commence at the request of the Inspector and shall be completed and
ready for final inspection as provided for in the Proposal.
Corr~pliance with Provisions:
All quotes failing to comply with the provisions set forth herein will be rejected by the
Owner.
Nondiscrimination of Employees:
The Contractor and his subcontractors, if any, shall not discriminate against any
employee or applicant for employment, to be employed in the performance of this
contract, with respect to his hire, tenure, terms, conditions, or privileges of
employment or any matter directly or indirec~y related to the employment, because of
his race, color, religion, national origin or ancestry. Breach of this covenant may be
regarded as a material breach of the contract.
/:XdocsXbidsX~am~LlO00 7
22.
23.
24.
W~ge S~'~e:
The Contractor shall conform to the "General Prevailing Wage Scale", currently in
effect, as prepared by the Office of the Governor of the State of Indiana.
Completion Date:
All work to be performed under this contract will be fully completed and ready for
acceptance on or before the completion date(s) specified in the Proposal.
Insurnnce:
The Contractor shall proem and maintain, until final payment by the Owner for the
services covered by this contract, insurance of the kinds and in the mount hereinafter
provided by insurance companies authorized to do such business in the Stab of Indiana
covering all operations under this contract whether performed by the contractor or by a
subcontractor. The Contractor will not be given a notice to proceed until the
Contractor has furnished a certificate or certificates in a form satisfactory to the Owner,
showing that this section has been complied with. During the life of this contract, the
Contractor shall furnish the Owner with certificates showing that the required insurance
coverage is maintained. Insurance certificates shall be sent to:
Clerk Treasurer
City of Cannel
One Civic Square
Cannel, IN 46032
The certificates shall provide that the policies shall not be changed or cancelled until ten
(10) days written notice has been given to the Owner. In the event that such written
notice of change or cancellation is given, the Owner may at its option terminate this
contract and no further compensation shall in such case be made to the Contractor.
The kinds and mounts of insurance required are as follows:
A. Workman' s Compensation Law
A policy covering the obligations of the Contnctor in accordance with the
provisions of the Workman's Compensation Law. This contract shall be void
and of not effect unless the conwactor procures such policy and maintains it until
acceptance of the work.
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25.
Contractor's Comprehensive General Liability.
A limit of not less than $600,000 for all damages arising out of bodily
injury and/or property damages in any one occurrence with an aggregate
limit for the contract of not less than $2,000,000 for the policy period;
or
A limit of not less $500,000 for all damages arising out of bodily injury
in any one occurrence, and
A limit of not less than $100,000 for all damages arising out of property
damage in any one occurrence with an aggregate limit for the contract of
$300,000 during the policy period.
C. Comprehensive Automobile Liability.
A limit of not less than $600,000 for all damages arising out of bodily
injury and/or property damages in any one occurrence with an aggregate
limit for the contract of not less than $2,000,000 or
A limit of not less $500,000 for all damages arising out of bodily injury
for each person and a limit of not less than $500,000 for all damages
arising out of bodily injury in any one occurrence, and
A limit of not less than $100,000 for all damages arising out of property
damage in any one occurrence.
D. Basis of Payment.
No direct payment will be made for insurance, as set out above. The
cost thereof shall be included in the cost of the pay items.
Documents Included by Reference:
The foliowing documents are included by reference an are considered to be an integral
partof this Proposal:
Indiana Manual on Uniform Traffic Control Devices - 1988 (IMUTCD) or
Latest Revision.
Indiana Department of Transportation (INDOT) - Standard Specifications - 1999
or Latest Revision.
Indiana Department of Transportation (INDOT) - Supplemental Specifications -
Latest Revision
Indiana Depamnent of Transportation (INDOT) - Metric Standard Drawings -
Latest Revision.
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SPECIAL PROVISIONS
1. Introduction:
The following Special Provisions are in addition to the INDOT Standard Specifications
and the current IMUTCD and their subsequent revisions.
Work will commence on JannaW 1. 2000 and continue for a period of one (1) year.
2. Owner's Rights and Reservations:
The Owner reserves the fight to enter at any time any signalized intersection covered
under this contract, or any controller cabinet for the purpose of inspection, alteration or
change to affect emergency repair, modification or the correct realfunctions.
No change will be made to any traffic signal which will alter its design, phasing or
function operation without the authorization from the Inspector.
In the event that the Owner awards a selntrate contract to modernize, modify, rebuild or
remove any signal installation covered under this contract, the Owner reserves the fight
to determine which Contractor will be responsible for Routine and Non-Routine
Maintenance of the existing and/or temporary signal installation during the term of the
modernization or modification conUact.
The Owner will not pay for travel time to and from any intersection. The cost incurred
for travel time will be considered incidental and shall be included in the cost of the
various items.
Unless otherwise directed by the Inspector, it shall be the Contractor' s responsibility to
maintain existing signal equipment as long as it is in service, and to assume mainte-
nance of new signals and equipment after they have been accepted by the Owner and
after it is directed by the Inspector. These additions and deletions may be communi-
cated verbally by the Owner. A follow up letter will be provided by the Owner within
five (5') working days of the verbal order.
3. Maintenance of Traffic:
Not withstanding prior practice, the provisions of this section shall apply to all work
covered by this contract.
Section 801 of INDOT Standard Specifications - Latest edition shall apply to the work
performed under this contract. The Metric Standard Drawings shall also apply for
appropriate situations. It is understood that unusual working conditions may not be
addressed in any of the traffic control standards provided, or may require some modifi-
cation of those standards. When such situations occur, the Contractor is required to
provide to the Inspector, a proposal for the traffic control measures to be employed, for
the Inspector' s approval.
l:Xaoc.U, kt.~m=t2000 10
If the Contractor finds it necessary to temporarily occupy any pan of the shoulder or
the waveled width of any pavement and restrict traffic, the Contractor shall provide, at
his own expense, all barricades, lights, flagmen, and such other protection of traffic as
may be deemed necessary by the Inspector and as specified in Section 801, of INDOT
Standard Specifications, Latest Edition.
'Construction Warning Lights', as specified for this contract, shall be in accordance
with the applicable provisions of 801.12, except that Type II barricades, plastic drums
or construction warning signs used only for maintaining tnffic during daylight working
hours will not require a 'Type A' low intensity flashing warning light, as set out in
801.12.
Whenever barricades, phstic drums or other channelization devices are used to divert
traffic, the length of the taper (L) shall be determined by the use of a formula. The
posted spctA limit governs which formula from a choice of two (2) shall be used.
A. Speed Limit 40 MPH or Less.
The applicable formula shall be the length of the taper (L) shall be equal
to the square of the speed limit (SxS) times the lateral distance the traffic
is being moved (W) and then this product is divided by 60.
L = (SxSxW~
60
B. Speed Limit 45 MPH or Greater.
The applicable formula shall be the length of the taper (I,) shall be the
spcxA limit (S) times the lateral distance the Waffle is being moved (W).
L = SxW
When used to close a travel lane, the spacing (C), in feet, of these devices shall be the
same as the numerical value of the spccd limit.
When used to define the presence of a vehicle or workmen temporarily occupying the
Waveled road, without lane closure, (such as for intersection overhead work for a short
duration) these devices shall be appropriately spaced to clearly outline the work area,
and prevent vehicles from entering the area. It shall further be required to place a 48
inch "MEN WORKING AHF. AD" sign just off the shoulder 700 to 800 feet ahead of
each operation. These "MEN WORKING AHEAD" signs are to be removed from
view when o work operations are being conducted.
These specific requirements in no way relieve the Contractor of the requirements of
Section 104.04, 107.08 and 107.12 of the Standard Specifications. Traffic control not
addrek~xt herein shall be governed by the Traffic Sign Detail Sheets. Extended road
work is applied to any on the roadway work over thirty (30) minutes. Temporary
repair activity and temporary repair work refers to work less than thirty (30) minutes.
I:\doc,~id,Xc~rmel2000 11
It should be noted that anytime aerial work is being performed which occupies any
portion of the traveled roadway a minimum of at least one flagman is required. The
traffic control detail sheets may indicate a requirement, or a recommendation, for two
flagmen in some situations.
All equipment working on or near any traveled roadway shall be equipped with
revolving amber warning lights. These warning lights shall be a minimum of eight (8)
inches in diameter and clearly visible to approaching vehicles through all phases of the
equipment operation for a minimum distance of 500 feet. Strobe warning lights may be
used provided that they output two (2) million candlepower in daylight conditions and
one (1) million candlepower in dark conditions. The Contractor is required to have
some type of identification (i.e. name placards) affixed to all equipment so that police
agencies and Owner personnel will recognize that the Contractor is performing traffic
signal maintenance work.
The longitudinal spacing of multiple construction signs, where needed, is typically 500
feet between signs. However, this distance may require some adjustments based upon
location conditions. Any variation must be presented to, and approved by, the
Inspector.
Special traffic control needs may arise as a result of blacked-out traffic signals. Refer
to the information under the section of Emergency Response Maintenance for the re-
quirements of this contract.
No direct payment will be made for maintenance of traffic as set above. The cost
thereof shall be included in the cost of each individual pay item.
4. Emergency Relponse Maintenance (Item #1):
Emergency Response Maintenance shall be defined to include, regardless of the time of
day, or the day of the year, the response to a reported or discovered realfunction of all
traffic signals and flashers covered by this contract.
This response shall occur within two (2) hours of notification or discovery of the
matfunction. Response shall be defined as the arrival of a Traffic Signal Technician at
the intersection who immediately upon arrival shall take appropriate corrective actions
necessary to bring the intersection to a safe mode of operation. See section "Making
Intersection Safer for further details of this term.
This contract requires the Contractor to have a Traffic Signal Technician available at all
time to satisfy the two (2) hour emergency response maintenance requirement.
After the intersection is secured, the Traffic Signal Technician shall then correct the
realfunction if it is reasonably within his power to do so. This corrective action shall
include, but is not limited to the following activities:
A. Replacement of blown fuses or resetting of circuit breakers.
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B. Repair or replacement of the traffic signal controller.
C. Repair or replacement of ~asher controllers.
D. Replacement of detector amplifiers.
E. Replacement of traffic signal lamps.
F. Replacement of load relays.
G. Replacement of conflict monitors.
H. Adjustment or modular component replacement of traffic signal
controllers.
I. Disconnection of traffic signal coordination equipment.
J. Cabinet diagnosis of loop detection systems to identify deficient
components.
Logging of ba~k panel and cabinet equipment status for the purpose of
realfunction diagnosis.
The Contractor shall provide a telephone number for a 24 hour answering
service/dispatcher and two (2) telephone numbers of maintenance personnel that can be
reached in case of answering service failure.
In the event a trouble call is received for a location which is not covered in this
contract, the Contractor' s dispatcher is to record the following information:
A. Name of person calling.
B. Phone number of person calling.
C. Location of traffic signal trouble.
D. Time trouble call is received.
E. Exact complaint.
This information is to be forwarded to Carreel police dispatcher.
In the event of a power outage the Contractor is required to make the intersection safe.
The Traffic Signal Technician may leave the site provided he disables the energy
source to prevent the signal from initializing and after making arrangements for stop
signs to be erected. Stop signs shall be placed at approaches according to their
preferentially. Preferentially is shown on each signal drawing found in the controller
cabinet of each signalized intersection. The stop signs shall comply with the IMUTCD
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manual for size and placement. These signs shall be at least 30 inches.
The Traffic Signal Technician shall also make provisions with the appropriate utility
company to be informed when power is restored. He shall also check with the utility
hourly to confirm the status of the power source. The Contractor shall restore the
traffic signal(s) to normal operation within one {1) hour of notification that the power is
restored.
Payment for Emergency Response Maintenance will be made as follows:
"Emergency Response Maintenance" shall be paid for at a fiat rate per response
for each intersection as listed in the "Location Information" section. The flat
rate per response shall include all labor and equipment used in carrying out
"Emergency Response Maintenance*. However, should there be an
*Emergency Response" call to replace a traffic signal bulb that has burned out
within six (6) months after the annual replacement of all traffic signal bulbs,
there will be no payment for the "Emergency Response" call.
An authorized Owner's representative may inspect any or all traffic signal
installations associated with this contract and recommend either full payment for
pwper completion of Emergency Response Maintenance or a deduction for
unfulfilled Emergency Response.
Payment shall be made after presentation of a monthly invoice. The monthly
invoice shall reflect the number of intersections billed and the unit price.
The ConWactor will supply the Owner with monthly dispatcher and answering
service logs to be submitted along with the monthly invoice. The cost for this
service will be included in the cost of the Emergency Response Maintenance
items.
Scheduled Mainmane, C:
Scheduled Maintenance shaJJ be performed by a Traffic Signal Technician on a routine
scheduled basis upon all existing traffic signals in Cannel, Indiana, and any others
which may be installed or taicen over by the City during the effective period of this
contract.
A. Quarterly Inspections - Signals (Item ~).
The Contractor shall patrol and inspect all traffic signals once each three (3)
months and replace burned out lamps, all damaged visors, lenses, sockets and
reflectors regardless of the cause.
The Contractor shall install the correct wattage value of bulbs in each of the
traffic signal heads. Unless otherwise directed, the Contractor shall replace
burned out Imps with new Imps of the same wattage.
The Contractor shall keep all pedestals, mast arms and poles, swain poles,
controller housings, and all other associated equipment in proper alignment and
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adjustment. All bolts shall be kept light at all limes. All span mounted signals
shall be kept at the proper clearance height above the pavement.
The Contractor shall keep the traffic signal hand holes and covers clean and flee
of dirt and other debris.
The Contractor shall check, test and service all of the traffic signal controllers,
relays, detector mechanisms, pre-emptor and all auxiliary controller equipment.
The Contractor shall insure that each component is functioning properly and
performing with the maximum efficiency for which said components were
designed. All necessary repairs and replacements shall be performed. The
Contractor shall maintain proper timing and dial settings of the Uaffic signal
controller equipment, detector relays and amplifiers. The Contractor shall keep
the interior of the controller housing clean and neat and in a workman-like
condition at all times.
The Contractor shall repla~ or repair minor items that have been found to be
either missing, broken, or inoperative. The Contractor shall make provisions
for the Inspector to ac~mpany their personnel simultaneously during inspection,
including capability to accompany the Contractor in their aerial truck. All items
located overhead that can be aligned, adjusted, repaired (without need of new
equipment) or replaced with the use of normal hand tools shall be inchded in
this item. The Contractor shall make a list of those items requiring repairs or
replacement, not covered under this item, and provide it to the Inspector.
The Inspector will then direct the Contractor to make any and all repairs in
accordance with other sections of this contract.
Annual Inspections - Signals (Item #3).
The Contractor shall once each year re-bulb every traffic signal installation
located in Cannel. The Contnctor shall clean all lenses and reflectors when
each bulb is replaced.
For the p~ of replacement of traffic signal bulbs, the following table gives
the proper lamp wattage for the various types of indications:
1. 12' Pedestrian Indication 135 watts
2. 12' Green or Amber Indication 135 wars
3. 12' Red, Amber Arrow or Green Arrow 135 watts
All bulbs shall be Duro-Test Krypton gas filled.
loop Detection Inspection
The Contractor shall conduct a Megohm, Voltage and Resistance loop test for
:Xao~s~idaXcarm=t2000 15
each loop detector lead-in at the cabinet terminals of all cabinets with detection.
These tests must be conducted and recorded by a Traffic Signal Technician.
These tests are to be performed with a Megohm meter. Only Megohm {Lead-
In), Resistance, and Voltage will be recorded. If loop systems are found
defective, the associated phase may need to be placed on recall and timings
adjusted. The Contractor shall inform the City of loop failure verbally and
submit written notification with the monthly invoice.
Video Detection Inipection
The Contractor shall perform the following video detection checks with the
software being provided by the Owner. The Contractor will pwvide the laptop
computer to plug into the video unit to perform the checks. The ConWactor
shall have tnining in the operation of the video detection software from the
manufacturer or its representative prior to performing any of the following
checks:
Bring up each field of view and check that each detection zone is
in its proper lane and the zones are placing the calls to the proper
controller phases.
2. View each field of view for stability and clarity of video image.
View each phase red and green input to the video unit and
confirm that the controller is in that phase and color.
If any of the above operational checks are not correct, then the Contractor shall
determine the reason and correct the problem.
The Contractor shall complete this annual inspection during the third quarter
inspection under this contract.
Quarterly Inspections - Flashers (Item #4).
The Contractor shall patrol and inspect all traffic flashers once each three (3)
months and replace burned out lamps, all damaged visors, lenses, sockets and
reflectors regardless of the cause.
The Contractor shall install the correct wattage value of bulbs in each of the
fiasher heads. Unless otherwise directed, the Contractor shall replace burned
out lamps with new lamps of the same wattage.
The Contractor shall keep all pedestals, controller housings and all other
associated equipment in proper alignment and adjustment. All bolts shall be
kept tight at all times.
The Contractor shall keep the traffic signal hand holes and covers clean and free
of dirt and other debris.
l:~locs~bida~carm~L?,O00
16
The Contractor shall check, test and service all of the flasher controllers and
relays. The Contractor shall insure that each component is functioning properly
and performing with the maximum efficiency for which said components were
designed. All necessary repairs and replacements shall be performed. The
Contractor shall keep the inierior of the controller housing clean and neat and in
a workman-like condition at all times.
The Contractor shall replace or repair minor items that have been found to be
either missing, broken, or inoperative. The Contractor shall make provisions
for the Inspector to accompany their personnel simultaneously during inspection,
including capability to accompany the Contractor in their aerial truck. The
Contractor shall make a list of those items requiring repairs or replacement, not
covered under this item, and provide it to the Inspector.
The Inspector will then direct the Contractor to make any and all repairs in
accordance with other sections of this contract.
Annual Inspections - Flashers (Item #5).
The Contractor shall once each year re-bulb every ~asher installation, excluding
the strobe bulb, located in Carreel. The Contractor shall clean all lenses and
reflectors when each bulb is rephced.
For the purpose of replacement of traffic signal bulbs, the following table gives
the proper lamp wattage for the various types of indications:
1. 12" Amber 135 watts
All bulbs shall be Duro-Test Krypton ga~ filled.
Payment for Scheduled Maintenance will be made as follows:
"Quarterly Inspections" shall be paid for at a fiat rate per
intersection inspected. The flat rate per intersection shall include
all labor and equipment used in carrying out "Quarterly
Scheduled Maintenance".
"Annual Inspections" shall be paid for at a flat rate per
intersection inspected. The fiat rate per intersection shall include
all labor and equipment used in carrying out "Annual Schedule
Maintenance ".
Payment Shall be made after presentation of a monthly invoice. The invoice
shall reflect the number of intersections billed and the unit price for each
l:\doc~%bidsXcaml2000
17
Non-Routine Maintenance:
Non-Routine Maintenance shall include all activities which are not included as
'Emergency Response Maintenance' or 'Scheduled Maintenance'.
A description of Non-Routine items are as follows:
Anchor Bolt Repair (Item g - This item includes all work and
material to repair anchor bolts which have become damaged or broken.
This may get accomplished by welding (by a certified welder) or
thre~__ded coupling to achieve at least the same tensile strength as the
existing anchor bolt. Coupling, studs and patching of the concrete shall
be included in the unit price of this item.
ln.,ttall Sign (Item/IT} - This item includes all necessary work to mount
or remount signs on a signal structure. All hardware, including mid-
mast arm mounting assemblies, will be supplied by the Contractor and
these costs will be included in the unit price of this item.
ln.~h~!l Siennl Cable & Detector Lead-In Cable (Item #8. 9. 10, 11 &
12) - This item includes all labor and materials necessary to replace all
existing cable that has been damaged as well as making all necessary
connections. There shall be no splicing of cable. This will be paid on
the basis of linear feet of cable installed by the type of cable.
Looi} !neulllation (Item #13) - This item includes cutting the saw slot
and installing the appwved loop wire, 1/2 inch backer red, splices and
loop sealant. Only diamond blades with water will be permiRed when
air temperatures above 40 degrees Fahrenheit. Below 40 degrees
Fahrenheit a carbonmdum blade may be used. All labor, materials and
equipment shall be provided by the Contractor. Payment shall be based
on a per linear foot of saw slot basis.
E$
Tighten Span & Catenary and Tether (Item #14) - This item includes
all work necessary to remove excess sag in a span wire, catenary cable,
"A" frame wires, down guys and tether cables. This work will be paid
for on a per each span between two (2) vertical uprights.
Install Signal Head (Item #1~ - This item includes, if required, the
fabrication of a complete signal indicalion including wiring, balance
adjusters, weatherheads, pipe arms, rigid brackets, visors, lenses, etc.
For multiple heads with indications facing in different directions, but
mounted on the same assembly, the Contractor shall be paid once for
each assembly. If this item is being used to replace an existing signal
indication assembly, the cost of removal of the existing indication is
included in the cost for installing the new indication. Pedestrian or
Optically Programmed indications shail be treated the same as Signal
Indications. Payment for this work item shall include labor and
J:~iocs~bidsXcarmen000
18
equipment only and will be o~ a per assembly basis. The City will
furnish all matetiffs.
Adjust Detector Housin~ to Grade (Item//103 - This item includes all
labor, materials, and equipment required to adjust a detector housing to
grade. Patching material will be included under this item where
necessary and will match the type of surface surrounding the detector
housing. This item is limited to the adjustment of detector housings by
the addition of an adaptor device only. Payment for this work will be on
a per unit basis.
ln~lhaHation of Detector Ho~t~Ina (Item//17) - This item includes the
installation of a new detector housing including all conduit connections,
and the splicing of the loop detector lead in cables to the loop detectors.
This item includes all labor materials, and equipment including patching
materials which shall match the type of surface surrounding the housing.
Payment for this work will be on a per detector housing basis.
Adjust Handhole to Grade (Item//18} - This item includes all labor,
materials and equipment to adjust a concrete handhole to grade including
patching materials which shall match the type of surface surrounding the
handhole. Payment for this work will be on a per handhole basis.
Cabinet Foundation Expansion (Item//19} - This item includes all
labor and materials required to enlarge an existing traffic signal
controller foundation to aceornate a larger cabinet. This item also
includes any labor and materials required to temporarily maintain the
operation of the existing controller and cabinet until the new cabinet is
installed. Payment for this work will be on a per foundation basis.
ln~hall Tether Cable (Item g20} - This item include all labor, materials
and equipment required to inslall a new or to replace and existing tether
cable. Payment for this work will be on a per each span basis between
two vertical uprights.
IrteatH or Replace Traffic Siglml Controller Cabinet (Item//21} - This
item includes all labor, incidental materials, and equipment required to
ac, c~mplish the installation or a traffic signal controller cabinet on an
existing foundation, including the wiring of the traffic signal controller
into a complete operation mode. Payment for this item will be on a per
each basis. The City will furnish the controller cabinet and controller.
In_Chart Direct Burial Cable (Item//22} - This item includes the cost of
all materials, equipment, labor, connections, splices, and waterproofing
as required. Payment for this item will be on the basis of per lineal foot
of cable installed.
19
Inqall Traffic Sig/ml Pole nnd Mn~t Arm (Item #23) - This item
includes the cost of labor and equipment to install a traffic signal pole
and mast arm on an existing foundation. Payment for this item will be
on a per each basis for each pole and mast arm combination. The City
will furnish the pole and mast ann.
Instrill Traffic SiVnni Strain Pole (Item ~24) - This item includes the
cost of labor and equipment to install a traffic signal strain pole on an
existing foundation. Payment for this item will be on a per each basis
for each strain pole. The City will furnish the swain pole.
In.qall Traffic Si!~nal Foundation~ (Item//25. 26. 27. 28. 29 & 30) -
This item includes the cost of all materials including steel and anchor
bolts, labor and equipment to install a tnf~c signal foundation. Payment
for this item will be on a per each basis for each size of standard signal
foundation.
Install 2 Inch Galvanized Steel Conduit (Item #31) - This item
includes the cost of all materials, labor and equipment to install 2 inch
galvanized steel conduit. Payment for this item will be on a per foot
basis for each foot of conduit installed.
Install Wood Traffic Sitreal Pole (Item #32) - This item includes the
cost of all materials, including down guys and anchors, labor, and
equipment to install Class 2 wood poles 35 feet to 45 feet. Payment for
this item will be on a per pole basis for each pole installed.
In.qall New Handhole (Item fi3) - This item includes the cost of all
materials, labor and equipment to install a concrete handhole. Payment
for this item will be on a per handhole basis for each handhole installed.
Install or Replace Electrical Service (Item #34) - This item includes
the cost of all materials (entrance switch, conduit riser, meter base, 1"
weatherhead, 2" to 1' reducer and other incidental items), labor and
equipment to install a service. Payment for this item will be for each
In.~tall Di~onnect Ham, er (Item ~5} - This item includes the cost of
all materials, labor and equipment to install a disconnect hanger.
Payment for this item will be for each disconnect hanger installed.
InqaH Span. Catenary and Tether with Fittinl~ (Item #36) - This
item includes the cost of all materials, labor and equipment to install a
span wire with a catenary cable and a tether cable including all fittings.
Payment for this item will be for each span wire assembly installed.
gasher - Strobe Bulb Replacement (Item #37) - This item includes the
cost of the bulb and the labor to install it.
J:\do~s~bids~arm=L2000
2O
ln.~all Pedestal Mounted F!a~her Assembly (Item//38) - This item
includes the cost of labor and equipment to install a pedestal base, pole,
flasher controller-fully wired, up to two flashing bea_..f. ons and a sign on
an "A" base. Payment for this item will be on a per each basis. The
city will furnish the pedestal base, pole, flasher controller, beacon(s) and
sign.
Y. Hourly Rate for Emi~loyees and Equipment (Item//39. 40. 41.42. 43)
Payment for Non-Routine Maintenance shall be covered by the appropriate unit prices
as listed in the Itemized Proposal. Payment shall be made after presentation of a
monthly invoice. The monthly invoice shall reflect each activity preformed and the unit
price for that activity.
Traffic Signal Technician:
The Contractor shall have on staff a minimum of one Traffic Signal Technician. A
Traffic Signal Technician is defined as a Sldlled Laborer who is familiar with the
operation of and able to diagnosis and repair realfunctions of all traffic control
equipment in Carreel, which includes but not necessarily limited to, Controller Timing
Equipment, Loop Amplifiers, Conffict Monitors, Time Base Coordinators, and any
other Accessory Supplemental Equipment.
Field repairs of solid state equipment will be limited to replacement of faulty equipment
and returning to the City in exchange for replacement equipment.
The Traffic Signal Technician will need to know how to install timing values into the
traffic signal control timers, understand how time base coordinators/dial coordinating
units regulate actuated controllers with background cycles within an interconnected
signal system.
One set of operating manuals will be provided to the Contractor for all existing
equipment. The Contractor is to see that the Traffic Signal Technician, who is
responding to emergency maintenance has a copy of the manuals with him for reference
purposes.
Other models of equipment by other manufactures may be installed at intersections
during the course of this contract. The Contractor will be issued manuals for new
equipment and will be expected to become familiar with it.
Minimum Crew Size:
Certain operations will require a minimum number of persons to accomplish the work.
Persons in the listing below are not including those persons who are needed to direct
traffic.
I:~does~bid~rm~12000 2 1
Loop Cutting
Minimum of 2 persons at least one must be a Skilled Laborer.
Pole & Mast Arm, Strain Pole or Span Knockdown
Miramum of 3 persons at least one must be a Skilled Laborer
Pedestal Knockdown
Minimum of 2 persons at least one must be a Skilled Laborer
Replacing Signal Cable
Minimum of 2 persons
Replacement of "G" & "M' Controller Cabinets
Miramum of 2 persons at least one must be a Traffic Signal Technician
Replacement of "P" Controller Cabinet.
Minimum of 3 persons at least one must be a Traffic Signal Technician
Check Loop System at Detector Housing
Minimum of 1 Traffic Signal Technician
Loop Testing at Cabinet
Minimum of 1 Traffic Signal Technician
Equipment Requirements:
The following equipment is required as a minimum to complete the operations included
in this contract. They are:
Boom Truck
Equipment that is capable of lifting and setting poles and mast arms and
strain poles.
10.
B. Aerial Truck
Equipment capable of lifting one or more workers and materials for the
purpose of overhead work.
Manpower Classification:
The following manpower classifications apply to this contract:
A. Skilled Laborer
Foreman, Traffic Signal Technicians, Equipment Operators
B. Unskilled Laborer
Common Laborer, Escort Sen, ice
22
11.
Intersections:
The following intersections are included as a part of this contract. Maintenance will be
provided as indicated:
A:
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
96"' Street & Threel Road
96~ Street & Priority Way
96~ Street & Delegates Row
96~ Street & Hazeldell Parkway
116~ Street & Pennsylvania Avenue
116~ Street &
116~ Street &
116~h Street &
116~ Street &
Cannel Drive
Cannel Drive
Cannel Drive
Cannel Drive
Carmel Drive
College Avenue
Rangeline Road
AAA Way
Gray Road
& Pennsylvania Road
& Old Meridian Street
& Guilford Road
& Rangeline Road
& AAA Way
126~ Street & Gray Road
Main Street & Guilford Road
Main Street & 4* Avenue
Main Street & Rangeline Road
131st Street & Gray Road
Rangeline Road & Medical Drive
Rangeline
Rangeline
Rangeline
Range fine
Road & Executive Drive
Road & Gradle Drive
Road & 1261h Street
Road & 1361h Street
Additional locations may be added during the life of this contract.
The following rasher locations are included as a pan of this contract. Maintenance will
be provided as indicated:
B.
C.
D.
E.
F.
Old Meridian Street & Main Street
Hazeldell Road for Cherry Tree Elementary School
Lakeshore West Drive for Forest Dale Elementary School
1261h Street for Mohawk Trails Elementary School
Smokey Row Road & High School Drive
Main Street at Carmel High School
Additional locations may be added during the life of this contract.
J: Ndo~ s~bids\e, arm~12000 2 3
12.
Inspection Schedule
The schedule for Quarterly Inspections and Annual Inspections is as follows:
A. Week of January 3, 2000 -
B. Week of April 3, 2000 -
C. Week of July 3, 2000 -
D. Week of October 2, 2000 -
Quarterly Inspection
Quarterly Inspection
Quarterly & Annual Inspection
Quarterly Inspection
24
NON-COI,LUSION AFFIDAVIT
STATE OF INDIANA
COUNTY OF MARTON
The undersigned, being duly sworn on oath says, that he is the contracting party, or,
that he is the repre~ntative, agent, member or officer of the contracting party, that he has not,
nor has any other member, representative, agent, or officer of the fu'm, company corporation
or parmership represented by him, directly or indirec~y, entered into or offered to enter into
any combination, collusion or agreement to receive or pay, and that he has not received or
paid, any sum of money or other consideration for the execution of the annexed agreement
other than that which appears upon the face of the agreement.
ZEAL
Contractor
CONSTRUCTION
SERVICES, INC.
(Print or Type Name)
Subscribed ~d sworn ~ ~fo~ me ~s /~ ~y of ~~~ 1~.
My Commission Expires:
4/13/2008
JANET K. HASTE
~Tint or Type Maine)
J:\docs~bidm\carmcl2000
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby
made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of
Public Works and Safety, ("City") andZ~c~/- e'og'sT'Rac~;/("Vendor").
TERMS AND CONDITIONS
ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its
execution of same and/or its provision of any goods and/or services ("Goods and Service")
hereunder shall constitute Vendor's acceptance of all of the Agreement's terms and conditions.
PERFORMANCE:
City agrees to purchase the Goods and Services described in attached Exhibit A, which is
incorporated herein by this reference, and Vendor agrees to provide same and to otherwise perform
the requirements of this Agreement and to execute its responsibilities hereunder by following and
applying at all times the highest professional and technical guidelines and standards.
PRICE AND PAYMENT TERMS:
The total price for the Goods and Services contemplated herein shall be no more than
,o
$ ~ Vendor shall submit an invoice to City no more than once every thirty (30) days
detailing ~he Goods and Services provided to City within such time period. City shall pay Vendor
for such Goods and Services within thirty (30) 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. Vendor has otherwise performed and
satisfied all the terms and conditions of this Agreement. Subject to the above, if the undisputed
invoice amount is not paid within thirty (30) days of its receipt by City, Vendor shall so notify City.
If such amount as is not disputed is not thereafter paid within ten (10) business days from the date
such notice is received by City, then a late charge in a sum equal to one percent (1%) of such
unpaid and undisputed invoice amount shall accrue and be immediately due and payable by City to
Vendor as a separate debt for each month it remains unpaid. In the event an invoice amount is
disputed, City shall so notify Vendor. If such dispute is not resolved to City's satisfaction within
ten (10) business days after notice of such dispute is given, City shall pay such amount as is in
dispute, under protest, into the Carreel City Court, which court shall hold such monies until
provided with a settlement agreement signed by both parties hereto or a final judgment has been
entered thereon.
WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to
the specifications, drawings, samples, instructions, directions and/or descriptions thereof furnished
to Vendor by City and/or by Vendor to and accepted by City, that the Goods and Services will be
delivered in a timely, good and workmanlike manner and free from defect. In addition, Vendor
acknowledges that it knows of City's intended use and expressly warrants that the Goods and
Services covered by this Agreement have been selected and provided by Vendor based upon City's
stated use and will be fit and sufficient for the particular purposes intended by City.
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 thereamer perform their obligations hereunder in a timely
manner. Time is of the essence of this Agreement.
PRICE TERMS:
All of the prices, terms and warranties granted by Vendor herein are at least as favorable to City as
those offered by Vendor to other customers purchasing the same or similar Goods and Services
under the same material terms and conditions.
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. Prior to and with 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 Goods and Services.
FORCE MAJEURE:
Any delay or failure of either party to perform its obligations hereunder shall be excused if, and to
the extent, that it is caused by an event or occurrence beyond the reasonable control of the party
and without its fault or negligence, such as, by way of example and not by way of limitation, acts of
God, actions by any govemmental authority (whether valid or invalid), court injunction, fires,
floods, windstorms, explosions, riots, natural disasters, wars or sabotage; provided that notice of
such delay (including the anticipated duration thereof) is given by the affected party to the other
party within five (5) business days after discovery of the cause of such delay. During the period of
such delay or failure to perform by Vendor, City, at its sole option, may purchase some or all of the
same or similar Goods and Services from other sources and reduce those Goods and Services
provided by Vendor hereunder by such quantity, without liability to Vendor, or have Vendor
provide the Goods and Services from other sources in quantities and at times requested by City and
at the price set forth in this Agreement.
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 at~er the filing thereof,
by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at
10.
11.
Vendor's sole cost and expense. Vendor shall indemnify and hold harmless City fi-om and against
any and all liabilities, losses, c!aims, costs and expenses, including, but not limited to, attorney fi~es
incurred by City in connection with any such lien and/or the removal thereof This indemnification
obligation shall survive the termination of this Agreement.
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, files, or has filed
against it, a petition in bankruptcy, for receivership or other insolvency proceeding, makes a general
assignment for the benefit of creditors or, if Vendor is a partnership or corporation, 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; (2) obtain, upon such terms and in such
manner as City deems appropriate in its sole discretion, the same or similar Goods and Services
which were to be provided to City by Vendor, and Vendor shall be liable to City for any excess
costs of the City in obtaining same; and (3) exercise any other rights or remedies as are 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 and reasonably acceptable to City, such
insurance as is necessary for the protection of City and Vendor from any and all claims for damages
or otherwise 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 and all of Vendor's agents, officers, employees, contractors, subcontractors
and other persons; because of any injury to or destruction of property, including, but not limited to,
loss of use resulting therefrom; or, otherwise. The coverage amounts shall be no less than those
amounts set forth in attached Exhibit C, which is incorporated herein by this reference. Vendor
shall cause its insurers to name City as an additional insured on all 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, Vendor's use of City property, or otherwise, except for such
liabilities, claims or demands that arise directly and solely out of the negligence of City. 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, subcontractors and other persons in the
performance of this Agreement, or otherwise. These indemnification obligations shall survive the
termination of this Agreement.
12.
13.
14.
15.
16.
17.
18.
SETOFF:
In addition to any right of setoff provided by law, all amounts due Vendor shall be considered net
of indebtedness of Vendor to City; and City may deduct any amounts due or to become due from
Vendor to City from any sums due or to become due fi'om City to Vendor hereunder.
GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all present and future federal, state and local laws, executive orders,
rules, regulations, codes and ordinances 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, codes and
ordinances. This indemnification obligation shall survive the termination of this Agreement.
NONDISCR/MINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors,
subcontractors and other persons shall comply with all existing and future 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 the hire, tenure, terms, conditions or privileges of employment and to
any other matter directly or indirectly related to employment or subcontracting because of race,
religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam
era veteran status. City reserves the right to collect a penalty as provided in IC 5-16-6-1 for any
person so discriminated against.
NO IMPLIED WAIVER:
The failure of either party at any time to require performance by the other of any provision of this
Agreement shall in no way 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 thereof.
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.
ELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and Vendor and all
of its officers, employees, contractors, subcontractors, agents and other persons are not and shall
not become employees of City, and the sole responsibility to pay to or for same all statutory,
contractual and other benefits shall remain exclusively with Vendor. The contract price set forth
herein to be paid hereunder by City to Vendor shall be the full and maximum compensation and
monies required of City to be paid to Vendor under or pursuant to this Agreement.
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 further agree that, in the event a
lawsuit is filed hereunder, they waive any rights to a jury trial they may have, agree to file any such
lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the
19.
20.
21.
22.
appropriate venue for and has jurisdiction over same.
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 such statute, regulation, ordinance, order or rule, and the
remaining provisions of this Agreement shall remain in full force and effect.
NOTICE:
Subject to paragraph 21 hereinbelow, 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 Cannel
One Civic Square
Camel, Indiana 46032
ATTN:
(with a copy to City Attorney,
One Civic Square, Carmel, IN 46032)
If to Vendor:
ZEAL CONSTRUCTION SERVICES, INC.
6148 S. BELMONT AVENUE
INDIANAPOLIS, IN 4621 7
ATTN: PAUl. A. SANDRI~q
Notwithstanding the above, notice of termination under paragraph 21 hereinbelow shall be effective
if given orally, as long as written notice is then provided as set forth hereinabove within three (3)
days from the date of such oral notice.
TERMINATION:
21.1 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 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.
21.2
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.
REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the
persons or entities executing this Agreement have the authority to bind the party which they
represent.
23.
24.
25.
26.
27.
28.
29.
ADDITIONAL GOODS AND/OR SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide
additional goods and/or services to City. When City desires additional goods and/or services from
Vendor, the Mayor or his duly authorized representative shall notify Vendor of such additional
goods and/or services desired, as well as the time frame in which same are to be provided. Vendor
shall then provide, at no cost to City, an estimated cost for such additional goods and/or services,
as well as the date by which same will be provided to City. Only after City has approved Vendor's
time and cost estimate for the provision of such additional goods and/or services shall Vendor be
authorized to provide same, the identification of which shall be set forth in documents which shall
be numbered and attached hereto in the order they are approved by City.
TERM
Subject to the termination provisions set forth in Paragraph 21 hereinabove, this Agreement shall be
in effect from the Effective Date through December 31, 2000, 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.
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.
BINDING EFFECT
City and Vendor, and their respective officers, officials, agents, partners, successors, assigns and
legal representatives, are bound to the other with respect to this Agreement and to such other
party's officers, officials, agents, partners, successors, assigns and legal representatives in all
respects as to all covenants, agreements and obligations of this Agreement.
NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone
other than City or Vendor.
ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, are fully aware of their
respective rights, have had the opportunity to obtain the advice and assistance of an attorney
throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily, and
without any duress, undue influence, coercion or promise of benefit, except as expressly set forth
herein.
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 19 hereof, to
the extent any term or condition contained in any exhibit attached to this Agreement conflicts with
any term or condition contained in this Agreement, the term or condition contained in this
Agreement shall govern and prevail, unless the parties hereto, or their successors in interest,
expressly and in writing agree otherwise. This Agreement may only be modified by written
amendment executed by both parties hereto, or their successors in interest.
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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
ZEAL CONSTRUCTION SERVICES, INC.
B il~y~ilker, Member Date:
Date:
By:
Signature
Printed Name
Title
ATTEST:
Diana Cordray, I~surer
Date
8
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
EXHIBIT B
Professional Services Invoice
Date:
Project Name:
Invoice No:
Person
Performing
Service
Service Services Provided Hourly Hours
Date (Describe in detail in one-Rate Worked
tenth hour units)
Total
Signature
Printed Name
GRAND TOTAL
' """ CityoqCarme'_
January 26,2000
Wendy Sanders
Zeal Construction Services, Inc.
6148 S. Belmont Ave.
Indianapolis, IN 46217
Dear Ms. Sanders:
On January 19, 2000, the Board of Public Works and Safety approved a contract to do
business with your company. Enclosed is a copy of the signed agreement.
Please review the enclosed sample invoice (Exhibit B). You do not need to use this
specific form, but we require you to submit the requested information in a similar layout.
This format replaces any other form previously used by the City and is effective upon
approval of your contract.
Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions.
Sincerely,
Robin L. Butler
Deputy Clerk
Enclosure
pc: David Klingensmith, Carmel Street Department
ONE CIVIC SQUARE CAKMEL, INDIANA 46032
317/571-2400