Goldman Electrical Contracting/CFDi
- . Goldman Electrical Contracting, Inc.
Fire Department - 2009
Appropriation #43-501.00: P.O. #12644
Contract Not To Exceed $2,156.73
APPROVED, ?S TO
FORM tY: ',
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
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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
Goldman Electrical Contracting, Inc., an entity duly authorized to do.business in the State of Indiana ("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 conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 43-201.00 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Two Thousand One Hundred Fifty Six Dollars and Seventy Three Cents
($2,156.73) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty
(30) days detailing the Goods and Services provided to City within such time period. City shall pay
Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's
invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are
in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains
the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied
all the terms and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided -to Vendor by City
and/or by Vendor to and accepted by City pursuant to or as part of that certain quotes received by the City of
Carmel Fire Department on or about January 16, 2009, all of which documents are incorporated herein by
reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and
free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the
Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon
City's stated use and are fit and sufficient for their particular purpose.
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- Go€dman Electrical Contractinl,-'Inc_
1 Fire Department - 2009.
Appropriation #43-501.00; P.O. €712644,
Contract Not To Exceed 52,156L7 3
5. TIME AND. PERFORMANCE:
This Agreement shalLbecome effective as ofthe last date on°which a,paily hereto executes same ("Effective
.Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence,of this Agreement.
DISCLOSURE AND WARNINGS:
If requested by City, Vendorshall'promptly furnish to City, in such ,forrn,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,lhe 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 parl'of the Geods:arld`Services.
LIENS:
Vendorshall not cause or permit'the filing, of any lien on any of City's' property. In the event any such lien is
fled and Vendor fails to remove such lien within ten (10) days after the fifng thereof, by payment or bonding,
City shall have the<right to pay_"such lien-or,obtain such bord,all•atVendor s?sole costantl expense.
8. DEFAULT:
In the event Vendor. (a) repudiates, breaches or defaults under any, of the terms or conditions of this
Agreement, including Vendors warranties, (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress`so as to endanger,ttmely and proper provision of the Goods and Services and,does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice°from City specifying such failure,or
breach; or (d) becomes' insolvent; is placed-into receivership, makes a general assignment for the benefit of
creditors or dissolves,.each such event constituting an event of default hereunder; City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity..
INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain.in full force and effect during the term of this Agreement, with an insurer
licensed to'do business in the State of Indiana,;such,insurance as is necessary for the>prolection of City,and
Vendor from all claims for damages under any workers'. compensation, occupational disease andlor
uremployment,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 ihjury.to or destrucfion 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 ail such insurance policies, shall promptly provide
City, upon request, with copies,of all such policies; and shall provide.thatsuch'insurance policies shall not be
canceled without thirty (30) days-prior notice to City. Vend orshalf indemnify and hold.harmless City from and
against any and.all liabilities,,elaims, demands orexpenses (including, but.notlirnited 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 pursuantto orunder this AgreementorVendoe's use of City property.
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Geldman Electrical Contracting; rnc..
ire Department - 2009
Appropriation 443-501`.00: P;O. #12644
Contract Not To Exceed 0A 56' J3
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, b'ut not htnited1o, all court costs, attorney
fees, and other. expehses; caused by any actor omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance, of this Agreement. These
indemnification;obli9- ations shall survive,theJerminatlon of this,Agreement.
10. GOVERNMENT COMPLIANCE::
'Vendoreagrees to comply with all federal; slate.,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 andlor liability resulting from any such violation of such laws; orders, .rules,
regulations and codes This indemnification obligation shall'survive the. termination of this. Agreement,
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees,, agents, contractors and
subcontractors shall comply with all laws of the United States, the 'State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision_of any Goods
and Services provided bytnis Agreement with respect to their hire, tenure, terms, conditions.and privileges of
employment'and any other matter-related to their employment 6f subcontracting, because of race, religion;
color, sex, handicap; national origin, ancestry;, age,'disabled veteran status andlor Vietnam era veteran
status.
12. NO IMPLIED WAiVERi
The failure of either party to require performance, by the other of any provision,of this; Agreement shall not
affect the-righfof such party to require such pegormanceat`ahy time`ttiereafter, nor-shall the waiver.by any
party of a.breach of any provision of this Agreement constitute a waiver of anysucceetling 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 underthis Agreement without.Citys prior written corisent.
14. RELATIONSHIP Of PARTIES:
The relationship of the: parties hereto shall be as,provided for in-this ,Ag?eement;Pand 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.fuP and maximum compensation and monies required "of City to be paid to
Vendor underorpursdantlo 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'eventa lawsuit'is filed hereunder;.they
waive their right to a jury trial, agree to file-anysuch lawsuit in an appropriate court in Hamilton County,
Indiana only, =and agreethat:such court is the appropriate venue for'.arid hasJurisdiction over same.
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Goldman Llectrical Cantracong, Inc.
Ftre Department - 2009
Appropriation443-501.00; P.4.'912644
Contract Not To Exceed'$2;156.73
16. SEVERABILITY:
if,.,any term of this Agreement is. invalid or unenforceable under any statute, regulation, ordinance, executlve
ordef or othertule of,Iaw, 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.
17. NOTICE:
Any notice provided for ih this Adreemerit will be sufficient if it is in writing and is delivered by postage
prepaid 0 S certified mail; return receipt requested, to, the party to be notified at the address specified
herein:
Ifto City: City of, Carmel
One Civic Square
Carmel, Indiana46432
ATTN Keith Smith; Fire,Chief
AND
If to Vendor:
Notwithstanding the above„ notice of4ermilnation under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is-then provlded,as setforth 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 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 I 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, greateramourit.
Dcuglas'C. Haney, City Attorney;
Department of Law
One Civic,Square
Carmel, Indlanai46032'
Goldman Electrical Contracting,, Inc,
4015 Blackwood Court
Indianapolis„ Indiana 46237
Telephone: 317.787-9967
E-Mail: goldmanelectric@comcast;net
ATTENTION:
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Goldman Electrical Contracting, Inc..
Fire Department - 2009
Appropnation #43-50 EM P.Q. #12644
Contract NOT To Exceed $2,156:73
18.2 City may terminate this Agreement at any time upon:thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only paymerit•for the undisputed
invoice `amount of conforming Goods and Services delivered,as of th_e date of termination, except
that such payment amount shall not,exceed,the Estimate amount in effect at the time of termination,
unless the polies have'previously agreed in writing to a, greater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that,they are authorized to enterinto this Agreement and that the persons
executing this Agreement have the-authority to bind the party which they represent..
20. ADDITIONAL GOODS AND-SERVICES'
Vendor understands and agrees jhat City may, from time to'time, request .Vendor to°provide, additional ,goods
and services to City When City desires additional goods and services from Vendor, the City,shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only :after City has: approved Vendor's time and cost estimate for the provision of such additional
goods and-services, has encumbered sufficient monies,to pay for same, and has;authorized Vendor, in
writing, to provide such additional goods and services,; shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents_forthe purchase of additional goods and services shall
be numbered and attached hereto in.tfie,order in which.theyare,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 tike Effective Date through December 31, 2009, and
shall, on,the first day df each January thereafter, automatically renew for aperiod of one (1).calendar year,
unless otherwise agreed,by the parties hereto,
22. HEADINGS
All heading and sections of this Agreement are.inseded for convenience; only and do not form a part of this
Agreement nor limit, expand.or otherwisa°aiterthe 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 to,all ofahe covenants, terms, warranties and obligations
set forth in Agreement.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits t"nyohe 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'influenceor coercion'
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Apr 13 2009 10:46AM Galcim-an Electrical Contra 317-7.84-6654
Goldman Etex:lrical.Cowracting,: ine.
FireDepmrtavciil • 2009
Approprinfion,#,43.501.0,U; P.O. #12644
.
Co=aa Not'T'a Exceed S2,1503
26. EN7[R AGREi~MENT-.
This Agreement; togather with, any axhitib attached,; hereto or referent
agreement between'Vendovand tarty with respect; to the subject matter he'
or written representations and agreements regarding Samar. Notwlttistattdi
forth hereitr, but subject 'to par oph 16 hereof,.td the.extent any term or
aitached to-thin Agreerrietttior In any document referenced hsrein:rxln
contained in this Agreement; the term nrcondition cohiairied in fhie Agr
This Agreement may only. be mgditied`6 y wrtten amendment axecute d
succeswrsln.tnterest.,
p.2
led4n:any ezhbt
term or condition
dsern.and prevail.
es hereto, or their
IN WITNESS' WHEREOF, the parties hefet,b haw grade and executed this'Agreemerrt as rfoilows:.
CITY OF CARMEL, INDIANA
E OLDMAN ELECTRICAL CO-NTRACTING INC
by and through its''Board of Public
Worke'and,Sefety
By:
SSN if Sole Preprieti r:
Date: .14. 51Lo q
rip
FIDITIN:
ESTIMATE
401BLACKWOOD COURT
INDIANAPOLIS, IN 46237
PHONE # 31177u-9967
FAX # 317-7$4-6654'
C-IYUIIL r3Vin'raadn ?arGlliC?4Ya114.]a ?.nca
Name I Address
CITY OE CATWFL FIRE DEPT
2 CMCSQUARE
CARME1,, INDIANA 46032
Date Estarr i Terms.
409
12 30
N
t
CQ9
1116 e
,
Qty Description Cost Total
! 31LEAKLR-,30?AMP 2 POLL '33:06 33.06
1 BREAKER-.20:AMB 17.83, 17.83
5 4.SQ 1-1/2D,BQ35 ;0:782 3,91
2 4`SQ RATSE,D COVER 1.255'' 2.53
2 BLANICCOVER PLATE 0A5. 0.90
5 4.'SQ:SLIPP.ORT - 1,44 7.20
50 F0OT1r314 .INCH EMT 0,806? 40.31
a 3AINCI4 EMIT CON I NL• CTOR 0!51.75 4.14
S. 3/4 [NCi?TN.V- CUU PLING 0[5525. 4142
S 3A LNITSUPPORT 1.44 1'1.52
1 20 AMP RECEPTACLE =3aT 33
9
1 30 AMP -RECEPTACLE ,1668. 16.68
100 FOOT'1 0/3'MICCABLG Lf27 112`70
100 FOOT 122'.MIC CABLE 0,4945 49 45
4. 318 t14 &ONNECTOR' 0.4471 t:79.
25' M/C,SITPPOkT O..iG3b IA:09
160 FOOT.:INN010. 0.2W 33.12
b F06TT3LACICU 12 WIRE .011195, 20.93
20 RED WIRE NUTS .0 .138 2.76
HUSFAL 74.75 74,75
Customer agrees tlrat4nvnieev.and/or Statements' ire due upon=presennneni= Ih Lnguent.
• Subtotal
m8uft. In thc'evcn[
invoices and/or Star cments will. bear, [ntciest?at the rate of 13%lper _ - -
that snit is requi teA Diu callec[ anylalt sums due`frdm Gustotner, then iu addition to such
other ricInd ns`a cotriLntay a%card, 11[e Cusmmer agrees to pay C!aldman Electrical Sales Tax
want
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Signature 1_,j ppyy???.?aa ?yP ,yAlt},
Page 1
ESTIMATE
4015 !BL,ACKWOOD COURT
IINOIANAPOLISi IN 46237
PHONE # 317-787=9967
FAX # 317-784-6(554
IL Id 1- t ic@comceast net
E-MA go. mane c r
Name I Address'
CITY OF-CAkMEL EIRE DEPT
2 CIVIC SdU ARE
CARIviEL, INDIANA 46032
Date• Estimate # Terms
09 409
40 Net
30
20
1 ;
qty Description Cost Total
CORE,DRII;L 443-75 143:75
'21 LABOR'HOURS 72.50 1,522.50
TRUCK CHARGE 35:06 35:00
FS'f[NIATL i'OR INSTALLATION OFTO,WERTOR NEW
WASHER & DRYER ON 2ND: FLOOR AT TIRE'S3 ATION 42.
ES'ElMATE'INCLIIDFS PROVIDING NEW 3REAKERS FOR.
P[RSTFCOOR PA\EL,'CORE DkILLUFIEOOR. AND FIRP SE.1L
CONDUIT PROiNITIRS f FLOOR PANEL. TO CEILING SPACE '
ON: SECOND FLOOR,. PULL NE)XP Nk CAI3GE-A66SS
SECOND FLOOR CEILING: INSTALLATION YOF,NEW
RkEPTACILES,AND CHECKOUTAND I'EST, ALL WORK.
'
HOURS
TO BL'. PERFOF1VTD. DURING:NORMAL MJS[NESS
Customer agrees 'that [nvnices. and/or Statements are dae upon. prescrrmltient.. Delin0cul Subtotal $2,1.56.73
€nvoicesand(or Statements will beaz interest at. the:--rate of 1.5%pennnnth.- Tn the event - -
that shit is regnired to collect any/all sums'ducfrmn Custunr then in addition to suck -
otheneliefasacourt mayaward,tie_Customer agrees to Pay Colduin Elecirtcal '$3le5 Tax i?:0°?a? . 50:00
rt costsahe event
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that sniff is brought by Goldmant enforce any, provision:of this agreement. -lhen'the.,
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parties`ut = that ihc`preper venire tar such a_ snit slmll hearty cDart Qf comp 1
$2,15
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junlidle Gan' in. IVtanon, CotnttY, Indiana.
ESTIMATE VALID,FOR30: DAYS
Signature Z(
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