T & R Traffic Services/StreetsT & R Traffic Services ' :
Street Dept. - 2005
Appropriation # 503 P.O.# 1720
Contract Not To Exceed $42,896.33
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"), an'd T & R Traffic Services ("Vendor").
TERMS AND CONDITIONS
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 conditi0hs.
PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Se{vices") fi'om Vendor using
City budget appropriation number 503 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.
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 Forty-Two Thousand Eight Hundred Ninety-Six Dollars
and Thirty-Three Cents ($42,896.33)(the "Estimate"). Vendor shall submit an invoice to
City no more than once every thirty (30) days detailing the Goods and Services provided'to.
City within such time period. City Shall pay Vendor for such Goods and Services within
sixty (60) da3$s 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 wi[h 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.
WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform
to the specifications, samples 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. 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.
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.
T & R Traffic Services
Street Dept. - 2005
Appropriation # 503 P.O.# 1720
Contract Not To Exceed $42,896.33
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.
LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any
such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof,
by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at
Vendor's sole cost and expense.
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 plt[ced 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 V6ndor's provision of Goods and Services pursuant to or under
. this Agreement or Vendor's use of City property. 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
T & R Traffic Services
Street Dept. - 2005
Appropriation#503 P.O.# 1720
Contract Not To Exceed $42,896.33
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, roles, 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.
NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement
shall not affect the right of such party to require such performance at any time thereafter, nor shall
the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any
succeeding breach of the same or any other provision hereof.
13.
NON,ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise,
and shall not delegate its obligations under this Agreement without City's prior written consent.
14.
RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of
City. The contract price set forth herein shall be the full and maximum compensation and monies
required of City to be paid to Vendor under or pursuant to this Agreement.
15.
GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of
Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is
filed hereunder, they waive their 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.
16.
SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance,
executive order or other rule of law, such term shall be deemed reformed or deleted, but only to
the extent necessary to comply with same, and the remaining provisions of this Agreement shall
remain in full force and effect.
T & R Traffic Services
Street Dept. - 2005
Apprgpriation#503 P.O.# 1720
Contract Not To Exceed $42,896.33
17.
NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by
postage prepaid U.S. certified mail, retm'n receipt requested, to the party to be notified at the
address specified herein:
If to City:
City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: David Klingensmith, Director,
Dotlglas C. Haney, City Attorney
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor:
T & R Traffic Services
P.O. Box 592
Greenfield, IN 46140
ATTN: Tim Otten
18.
19.
NOtwithstanding the above, notice of termination under paragraph 18 hereii~below 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.
TERMINATION:
18.1 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 defaull~
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.
18.2
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, except that such payment amoun( 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.
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.
T & R Traffic Ser:~ices
Street Dept. - 2005
Appropriation#503 P.O.# 1720
Contract Not To Exceed $42,896.33
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide
additional goods and services to City. When City desires additional goods and services from
Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the
time frame in which same are to be provided. Only after City has approved Xfiendor'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.
21.
TERM
Unless otherwise terminated in accordance with the termination provisions' set forth in Paragraph
18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31,
2005, 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.
22.
HEADINGS
Ali heading and sections of this Agreement are inserted for convenience only and do not form a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
23.
BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound 1o the other with respect to all of the covenants, terms, warranties and
obligations set forth in Agreemen~t.
24.
NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25.
ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity,
to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and
enter into same freely, voluntarily, and without any duress, undue influence or coercion.
26.
ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the
entire agreement between Vendor and City with respect to the subject matter hereof, and
supersedes all prior oral or written' representations and agreements regarding same.
Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof,
to the ex_tent 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.
T & R Traffic Services
Street Dept. - 2005
Appropriation # 503 P.O.# 1720
Contract Not To Exceed $42,896.33
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:
~nes Brainar~t2.Presiding Officer
Date:
M~ry A~n-Bu'rkeoIVi~e'"~l~er
Date:/.
Loft ~atson, Member
Date:
ATTEST:
Date:
T & R Traffic Services
P.O. Box 592
Greenfield, 1N 46140
By:
Authorized Signature
Printed Name
Title
SSN if Sole Proprietor:
Date:
CITY OF CARMEL
STREET DEPARTMENT
3400 W. 131st Street
Westfield, IN 46074
(317) 733-2001
June l4,2005
The City of Carmel Street Department is soliciting quotes for the following refiectorized applied
thermoplastic and state specification fast dry paint.
A list of streets and specifications may be obtained at the Carmel Street Department, 3400 W. 131st
S. treet, Westfield, IN 46074.
Some heavily traveled roads need to be marked as soon as possible after paving. The rest need to be
completed by September 30, 2005.
All streets will be properly cleaned before applying materials.
All materials shall comply with current Indiana State Highway Standard specifications for materials
supplied and for applications of materials., All markings shall comply with the Indiana Manual on Uniform
Traffic Control Devices unless otherwise specified. Quoter is to furnish all equipment and personnel as
required to process and apply materials. All traffic control will be the responsibility of the quoter.
All double yellow lines will be a 4" line x 4" space x 4" line unless otherwise statedl
Upon acceptance by the City of Cannel, a performance bond equal to one hundred (100%) of the bid
will be required before work begins.
The successful quote will be required to sign a Goods and Services contract (sample enclosed).
Please send your quote to Carmel Street Department, 3400 W. 131st Street, Westfield, IN 46074.
Please respond by June 27, 2005.
There will be no work done without first contacting the Carmel Street Commissioner for approval of
dates and times.
All thermoplastic work is estimated - quantities could vary.
o
Thermo lastic 2005
GUILFORD RD.
53 1.f. of 24" Stop bars
665 1.f. of 4" white turn lanes
2 combination straight and right turn arrows
2 left turn arrows
1,680 1.f. of 4" double yellow
340 1.f. of 4" skip yellow
3,030 I. f. of white edge line
CONGRESSIONAL BLVD.
105 1.f. of 24" stop bars
130 1.fi of 6" crosswalk
128 1.f. of 12" crosshatch
117'" STREET
32 l.f. of 24" stop bars
COLLEGE DR.
110 l.f. of 24" stop bars
100 l.f. of 6" crosswalk
80 1.f. of 12" crosshatch
MEDICAL DR.
2,6251.f. of 4" double yellow
1 .stop bar 15'L x 24" w
1 crosswalk 106 1.f. of 6" lines 6ft wide
136th ST. FROM RANGELINE RD. TO PRO MED LN. (SMOKEY ROW RD.)
3,711 1.f. of 4"double yellow
7,425 1.fi of 4"white edge lines
]2 1.f. df '24" stop bar
2 ped xing
48 1.f. of 12" white bars( at ped xing)
40 l:fi of white 24" crosswalk bars
20 diamonds
18 white reflectors
MERCHANTS SQ.
664 l.f..0f4,'double yellow
34 l.f. Of 24" stop bar
1 left mm arrow
1 combination straight and right arro .ws
50 1.f. of white lane divider
MAIN ST. FROM RANGELINE RD. 4Tn AVE. SW
950 1.f. of 4" double yellow
40 1.f. of 4" white lane divider
50 1.f. of 12" ped xing bar
29 T bar parking spaces, 24'spaces 8'L x 24"T x 6" line
12 L bar parking spaces 8'L x 12'? (L) 6" line
2 ped-xing
18 dimnonds
12 white reflectors
9. CHERRY TREE RD. FROM AVIAN WAY TO COOPERS HAWK DR.
485 1.f. of 4" double yellow
1,076 1.f. of 4" white edge line
135 1.f. of 6" crosswalk '
24 1.f. of 24" stop bar
'10.3m) AVE. SW FROM RUNYON'S NORTH TO MEDIAN
1,82.3 1.f. of 4" double yellow
3,646 1.f. of 4" white edge line
11
.3aD AVE. SW,.611 3m) AVE. SW TO 2ND ST. SW
75 1.f. of 4"skip white (actual feet to be painted)
1,403 1.f. of 4" double yellow
3,250 l.f. of 4" white edge lines
11 1.fi of 24" stop bar
12.3al~ AVE. SW AT CITY CENTER DR. (EXTRA, OVERLAY)
163 l.fof24" stop bar
642 l.f. of 6" crosswalk
4 Only's
4 left turn arrows
"EXHIBit'
13.SMOKEY ROW RD. FROM N. RANGELINE RD. EAST TO BRIDGE
880 1.f. of 4" double yellow
1760 1.f. of 4" white edge line
12 l.f. of 24' ~top bar
14.106TM ST. FROM ItAVERSTICK RD. TO GRAY RD.
5,054 l.f. of 4" white edge line
915 1. f. of 4" double yellow
800 1.fi of 4" skip & 4"solid yellow
175 1.f. of 4" skip yellow
12 1.f. of 24" stop bar
121 1.f. of white lane dividers
15.TOWNE RD. SOUTH OF 126'" ST. TO 116TM ST.
225 1.f. of 4" skip yellow ( actual feet to be painted)
3,372 l.f. of 4" skip & 4" Solid yellow
700 l.f. of 4" white lane dividers
8,608 l.f. of 4" white edge lines
16.121s* ST. FROM BOONE COUNTY LINE TO SHELBORNE RD.
1,075 1.f. of 4" double yellow
2,575 l.f. of 4" skip & solid yellow
425 l.f. of skip yellow (actual feet to be painted)
10,700 1.f. of 4" white edge lines
17.SHELBORNE RD. BY SCHOOL
1,300 1.f. of 4" double yellow
1,900 1.f. of 4" white edge lines
300 1.f. of 4"white lane divider
18.HAZEL DELL PKWY. AT 96TM ST. EASTBOUND TURNS ONTO 96TM ST.
37 1.f. of 4" skip yellow (actual feet to be painted)
40 1.f. of 4" skip white (actual feet to be painted)
note; yellow is center of road marker, and the white is
a lane divider. Both are to make the turn from south
bound Hazel Dell to eastbound 96th St. to keep you in
the proper lane.
19.126th ST W. OF GRAY RD.
2 right turn arrows
20nly's
2 straight arrows
395 1.f. of 4" solid white
200 l.f. of 4" double yellow
625 1.f. of 4" solid yellow
312 1.5 of 12" yellow crosshatch
"EXHIBIT
Contracted Street Painting 2005
1. 141sT ST. FROM SPRINGMILL RD. TO WEST RD.
2,400 1.f. of 4" double yellow
6,200 l.f. 0f 4". skip & solid yellow
1,500 1.f. of 4" skip yellow (actual feet painted)
2. 131sT ST. FROM 1~400' EAST OF TOWNE RD. & CLAY CENTER RD. TO
SPR!NGMILL RD.
.3~810 l.f. of 4" double yellow 1~230 1.f. of 4" skip & so!id yellow
450 1.fi of 4" skip yellow (actual feet painted)
13,680 l.f. of 4" white edge lines
3. CLAY CENTER RD. FROM 116TM ST. TO 131sT ST. (COULD SKIP)
2,250 1.f. of 4" double yellow
2,085 1.f. of 4" skip & solid yellow
450 1.fi of 4" skip yellow (actual feet painted)
4. HOOVER RD. FROM 116TM ST. TO END
2,385 l.f. of 4" skip & solid yellow
1,500 1.f. of 4" double yellow
5. SIX POINTS RD. FROM 131s* ST. TO 136TM ST.
400 l.f. of 4" double yellow
1,150 1.f. of 4" skip & solid yellow
250 1.f. of 4" skip yellow (actual feet painted)
6. WEST RD. FROM 121sT ST. TO 146TM ST.
9,100 1.f. of 4" double yellow
1,275 llf. of 4" skip & solid yellow
750 1.f. of 4" skip yellow (actual feet to be painted)
7. DITCH RD. FROM 141sT ST. TO 146TM ST.
5,!25 1.f. of 4" white edge lines
"EXHIBIT
8. SPRINGMILL RD. FROM 116TM ST. NORTH TO DORSETT LIFT STATION
(COULD BE SKIPPED)
2,200 l.f. of 4" double yellow
1,600 1.f. of skip &solid yellow
345 1.5 of 4" skip yellow (actual feet painted)
5,175 1.f. of 4' white edge line
240 1.f. of 4" white lane dividers
9. SPRINGMILL RD. FROM 141sv ST. TO 146TM ST.
4,175 l.f. of 4" white edge line
"EXHIBIT
EXHIBIT "A"
2005 PAVEMENT MARKINGS
THERMOPLASTIC
QUANTITY ESTIMATE
DESCRIPTION QUANTITY UNIT PRICE AMOUNT
17,512 L.F,
Double Yellow Solid
4" White Solid
Solid Yellow ~md 4" Skip Yellow
4' Skip White
4" Skip Ye',low
4" Dash Lines
Pedes~riim Crossing ·
44,625 L.F. / '~ 7
6,747 L..F.
75 L.F.
1,I 65 L.F,
24" Stop'Bars 80i L.F.
Turn Am)ws 7 each
"ONLY'~" 4 each
12" Crosshatch 208 L.F.
6" Crosswalk 2,329 L.F.
75 L.F.
24" Crosswalk
each
40 L.F,
8 each
12' x 12" White Bars
Parallel Parking Spin:es [ .41 each
Combination Arrows
12"x 16" D[~anond
3 each
38 each
30 each
Snow-plowable Refleblom
.57 oo .
coo
20,0o
3 qo.
T g- R Traffic ~n, lc~
P.O. E~x 592
Greenfield, Indiana 46140-O592
317-891-1~O91 - Office
317-891-6240 - f~:
TOTAL AMOUNT
EXHIBIT "B"
2005 PAVEMENT MARKINGS
PAINT
QUANTITY ESTIMATE
DESCRIPTION
QUANTITY UNIT PRICE
4" Double Yellow Solid 21,660 L.F. w/.~6-
4" White Solid 28,395 L.F.
4" Solid Yellow and 4" Skip Yellow 15,925 L,F.
0
Skip White
4" Skip Yellow
24" Stop Bats
T~.rrt AITOWS
'~ONLY's"
32" Crosshatch
6" Crosswalk
31745 L,F,
12" x 16" Diamond
0
0
4" Dash Lines 0
Pedestrian Crossing 0
24" Crosswalk 0
12' x 12" White Bars 0
Parallel Parking Spaces 0
Combiuation Arrows 0
0
,0¢
AMOUNT
T g- R Traffic
P.O. B~.5.92
Gre~nt, ald, I~;ans 46140-0592
3~7-891-8091 -
317-891-8248 - F~
'YOTAL AMOUNT