Accent Details/Streets Accent Details
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` Sheet Department 2006 APP ®vEp
Remove Rotten Wood Paint New Wood.and Stripe and Finish Metal Supports
Appropriation #2201-509.00; P.01#]7507 FORM' ay'
Contract_Not To Exceed$192169.00 �
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE.OF GOODS AND SERVICES ("Agreement") is hereby entered°into by
and between the City of Carmel, Indiana, acting by and through its.Board of Public Works and Safety ("City"), and
("Vendor'):
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE
Vendor acknowledges that it has read and understands this Agreement, and,agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms;and conditions.
2: PERFORMANCE:
.City agrees to purchase the goods,and/or services (the "Goods and Services") from Vendor using.City
budget appropriation number 2201-509.00 funds. Vender agrees to provide the Goods and Services and to
otherwise-perform-the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT'TERMS:
3:1 Vendor estimates that the total price for the Goods and Services'to be provided to City hereunder
shall be no more than Nineteen Thousand One Hundred Sixty-Nine Dollars (S19,169.00) (the
"Estimate"), Vendor shall.submitan invoice to City no more than once every thirty(30) days detailing
the Goods and`Services provided to City within such time period. City shall pay Vendor=for.such
Goods and'Services within sixty(60)days the date;of City's receipt of Vendor's invoice detailing
seine, so long as and to.the extent'such Goods and Services are notidisputed, are in accordance
with the,speciftcations 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 tfe'terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause theaotal cost of the
• Goods and Services provided by Vendor to City"hereunder to exceed the Estimate, unless City has
previously agreed, in`Writing,.to pay an amount in excess thereof,
4, WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform:to-those
certain specifications, descriptions and/or quotations regarding same.as were provided to Vendor by City.
and/or by Vendor to and accepted by City pursuant.to or=as part of that certain City of Carmel Street
Department Bid,Proposal Package for:"Removal of rotten wood; paint new wood and strip and -finish metal
supports" received by the City of Carmel Board of Public Works and Safety or about October 14, 2007, all
of which documents.are incorporated herein bY.referehce;i and that the Goods and Services will be delivered
in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of
City's intended use and expressly warrants that the Goods and Services provided to:City pursuant to this
Agreement have beemselected by Vendor based upon City's stated use and are fit and sufficient for their
particular purpose.
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Accent Details.
Street Department—2008
Rem'ove''Rotten Wood, Paint New Wood and Stripe and,Firiishlvtetal Supports.
Appropriation#2201-509:00; P.O.,#I7507.
Contract Not To Exce6d'SI9169.00
5. TIME ANIIPERFORMANCE:
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.
5. DISCLOSURE AND,WARNINGS:
If requested by City, Vendorshali;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.tle 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 matena-i utilized'in or Malts a part,ot the,Goods and Services.
LIENS:
Vendor-shalt not cause or permit the fling of any lien on any of City's properly. In the event-any such lien is
filed and Vendor-fails to remove such lien within ten (10).days afterthe,filing thereof, by payment:or bonding,
City shall have the right to pay such lien orootain,suchbond,ai/at Vendor's`sole cost and expense.
S. DEFAULT:.
In the event Vendor: (a) repudiates, breaches or defaults under. any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide-the Goods and Services as specified herein;
(c)fails to make•progress so as to endanger timely and proper provision of the Goods and Services and does
not correct.such failure or breach within. five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances)after receipt-of notice from City specifying such failure or
breach; or (d) becomes Insolvent; is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting;an evert;ofidefault hereunder, City shall have the right to
0) terminate ail 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 inequity..
9. INSURANCE AND'INDEMNIFICATION:
Vendor Shall procureand-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 ordeath•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 insurersto name City as anadditional insured on all such insurance policies, shall promptly provide
City, upon request, with copiesrof'all such policies, and shall provide that-such:insurance policies shalfnot be
canceled without thirty (30) days=prior notice to. City. Vendorshall indemnify.and hold harmless=.City from
and against any and.all liabilities, claims, demands or expenses (including, but not_limitedto, reasonable
attorney fees) for injury, death and/or damages to any person or property arising from or in connection with
Vendor's provision of Goods'and Services pursuant to or under this Agreement or Vendor's use of City
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Accent Details
.. Street Department—2008
Remove Rotten Wood, Paint.New Wood and.Stripe mid Finish Metal Supports
Appropriation#2201-509.00; P.O. #1.7507
Contract Not To Exceed$19,1 fi9.00
property, Vendor further agrees to indemnify,,defend and held 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 tees, 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, stateand.local laws, executive orders,.rules, regulations and codes
which may be,applicable to Vendors performance of its obligations under lhis.Agreement, and all relevant
provisions thereof ire incorporated herein by this reference. Vendor agrees to indemnify-and hold harmless
City from any toss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes: This indemnification obligation.shallsurvive,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 ail laws of the•United States, the State of Indiana and City prohibiting
discrimination against any employee,.applicant;for employment or other person in the provision!:of any Goods
and'Services provided by this Agreement with respect to their hire, tenure,terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting,because of race, religion,
color, sex,. handicap, national origin, ancestry, age, disabled veteran.status and/or Vietnam era veteran
status.
12. 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 ot'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'obligationsiunder this Agreement without.Cityis prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto.shall betas 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 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 conflictof 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; andagree that such.courf'isthe appropdate.venue for and has jurisdiction overcame.
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Accent Details
Street Department—2008
Remove.Rotten Wood,Paint New-Wood and.Stripe and Finish:.Metal Supports
Appropriatton,102201-509.00; P.O. #17507
Contract Not To Exceed S19t69.00'
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 tattle extent necessary to
comply with same,and the remaining provisions of:tftis Agreemeiit_shali remain in full force and effect.
17. NOTICE:
Any notice-provided for in this Agreement will bet 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 CityCityii City of Carmel
One Civic Square.
Carmel; Indiana 46032'.
ATTN: Davld'Huffman
AND
Douglas C. Haney, City Attorney,
Department of Law'
One Civic-Square;
Carmel,•lndiana 46032
If to Vendor: Accent Details
Address:454. MainStreet
Carmei, Indiana 46032
Telephone: 317-363-1223
E-Mail:
ATTENTION:
Notwithstanding the above, notice.of'termination under paragraph 18 hereinbelow shall pe-effectivei 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:
18. 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 default hereunder by
Vendor and/or if sufficient fundsare,.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 arhount 'm effect at'the time of termination, unless the parties have previously agreed in
writing to.a greater amount.
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Accent Details
Street Depertnient—2008.
'Remove Rotten Wood,.Paint;New Wood and Stripeaird'Finish Metal Supports
Appropriation.#2201-509.00; `P.Q: f#17507
Contract NotT To Exceed S19169.00
18.2 Either party hereto may terminate this Agreement at time.upomthirty(30)days prior notice to the
other party. Inthe event of such.termination, Vendor.shall be entitled to receive only.,payment for the
undisputed Invoice amount of conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall,not exceed the Estiimateramount in effect at the
time of termination, unless the parties have,previously agreed in writing to.a greater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrantthat they are authorized to enter-into this Agreement and that the persons
executing this Agreerrienthave the authority to bind the party which they represent.
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, aswell as the time frame in which same are,to be
provided.. Only after Cityhas 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, shalbsuch,goods and services be provided by.Vendor
to City. A copy ofthe City s.authorization documents for the purchase of additional goods and services shall
be numbered,and attached hereto in the order in which they arerapproved;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, 2008, and
shall, on the first day of each January thereafter, automatically renew for period of one (1) calendar year,
unless otherwise agreed:by the parties hereto.
22. HEADINGS
All heading and'sections of this Agreement,are inserted for convenience only and do hot`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,to the other with respect all of the covenants, terms,warranties and obligations
set forth in Agreement.
24, NO THIRD?ARTY 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.
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Accent Details
'Street.Department—2008
Remove Rotten Wood, Paint New Wood and Stripe and Finish Metal-Supports
Appropriation#220I-509.00; P O.417507
Contract Norio Exceed'.SI9I89.00
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 writfensepresentations and agreemerits 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 tollows:.
CITY OF'CARMEL, INDIANA ACCENT DETAILS
by and through-its Board of Public
Works and Safety
Sy: By. 1 J
cGrit4.t
Ja es Brain rd, Pres'ding Q�ej Authorize? Signure-
te: 0 // j14%11
Printed NaMe'
M ry An Burke; M—m �f��
Date: I i1-=�
Title
Lori S.'Watsc ; tuber FtDffIN: -� 7 — j `) ECI f/, -
Date:- t titio (Db
SSN it'Sole Proprietor:
ATTEST: }
Date:
Di na Cordray, IAMc r Tr surer
Dater . (r -
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EXHIBIT
Invoice
Date:
Name of Company:
Address &-Zip
Telephone No.:
Fax No.:
Project Name:
Invoice No:
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cast Per Hourly -Total
Goods/Services Goods/ (Describe each,good/service Item Rate/
Service separately and in detail) Hours
Provided `Worked
GRAND TOTAL
Signature
Printed Name
ti ') INDIANA RETAIL TAX EXEMPT rn"`
,1� o f I{ �,1 1r'g'irie ii CERTIFICATE NO.003120155 0020 pUACRASE ORDEH NUMBER
lt. /�Y 44��yV JJ�� \\\�./ i f� �j�'J�,, JJJLLL FEDERAL EXCISE TAX EXEMPT 17507
35-60000972
ONE.CIVIC.SQUARE THIS NUMBER MUST.APPEAR ON INVOICES.A
VOUCHER, DEUVERV MEMO, PACKING SLIP
CARMEL, INDIANA 46032-2584 SHIPE71NG LABELSAND ANY OORRESPONDENC
AM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997
LASE ORDER DATE DATE REQUIRED. REQUISITION NO: VENDOR NO. DESCRIPTION
11/26/2007
Accent Details' Carmel Street Department
IDOR 45 W..Main Street. SHIP .3400 W.'131st Street
TO Westfield„IN 46074'
Carmal,_IN 46032
eusrrQN BLANKET CONTRACT PAYMENT TERMS FREIGHT
OUANTRY UNIT OF MEASURE DESCRIPTION UNIT PRICE I EXTENSION
1 ea Remove rotten.wood, .paint new wood, and strip and finish $19,169.00 $19,169
metal supports
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and Invoice To: 1,/
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT i PROJECT ACCOUNT AMOUNT
PAYMENT
• ASP VOUCHER CANNOT.BE APPROVED FOR PAYMENT UNLESS THE P,O.
NUMBER IS MADE A pi*OF THE VOUCHER AND,EVERY INVOICE AND
2201 550900 VOUCHER HAS THE PROPERSWORNAPRDAVITATTACHED,. $191S
SHIPPING INSTRUCTIONS • I HEREBY CERTIE,YjTHAT THERE IS AN UNOBLIGATED BALANCE IN
THIE APPROPRIfTI NT TO PAY,FO THE ABOVE ORDER,
SHIP REPAID. ,'.1„
•C.O.D. '141RMENTS CANNOT BE ACCEPTED. ORDERED BY �� ,�...+G���/
•PURCHASE ORDER NUMDER MUST APPEAR.ON ALL If l _j .., /'
•
rEISOVitti
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DAMES BRAINARD, MAYOR.
SPECIFICATIONS FOR FOOTBRIDGE WORK ON 12671 STREET
WOOD AND PAINT PRODUCTS FOR WOOD:
Choice B.vertical grain; air.dried_2x10 cedar, primed with oil primer and finished with
duration exterior-latex,paint.
METAL PAINT:
Macropoxy 900 pre-prime_and shercryl acrylic finish
SPECIFICATIONS FOR PREPARATION OF WOOD AND-METAL:
WOOD PREPARATION;
Plane,wood prior to application of paint and fill all knot holes;with putty. All painting of
wood to be.done off site.- All drill holes[to"be finished with all six sides of boards.
STEEL PREPARATION:.
Wire.bush and/or scrape loose paint and/or rust: Alt,materials.need to be contained by a
tarp system according to Clean Water Act specifications.
All quotes need-to be turned in by 4:00 path on October14'h,2007 to the Carmel
Street Department, 3400 W. 131s`.Street„Westfield, IN 46074: Quotes may also be
faxed to the attention of Steve Jones at (317) 733-2005.
'EXHIBIT Zl3 9f
CARMEL STREET'DEPARTMENT-
,3400 W 131S1; STREET; WEs-rnEI:n, III 46074 OFFICE 317 733 2001 FAX 317 733'2005
Sep 28 07 10: 17a p. 1.
:.. ACCENT DETAILS
,INTERUORARCHIrECTURE
September 28, 200
T ' avid Huff an
City of Carmel.
FROM Accent Details
Steve Myers
RE: 12 f th Street Bridge
eplace existing boards with 2x18x12 cedar,
surface plain and straight..edge each board
$8,030.8m.
Prime and painting of new► and existing wood.
$21,63900
Scrape, prime..and-paint metal bride structure
$81500.00
Total Project $1.9,169.00
Estimate is valid for until October 10, 2007 due
to the market value on the cedar.
45 WEST MAIN a CARMEL, !N-46032