Otto's Parking Marking Co/Engri Otto's Parking Marking Company
Engineering Department - 2009
Appropriation #2201-43409; P.O.#19819
Contract Not To Exceed $32,017.04
Clondiccj JP a,.o3APPRO ED TO
FO Ay:
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
Otto's Parking Marking Company, 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 2201-43409 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 Thirty-Two Thousand Seventeen Dollars and Four Cents ($32,017.04 ) (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 Vendors 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.
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 Engineering
Department Bid Proposal Package for "#09-02 Carmel Access Bike Route and Loop Identification
Improvements Project" received by the City of Carmel Board of Public Works and Safety on or about May 19,
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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Otto's Parking Marking Company
Engineering Department - 2009
Appropriation #2201-43409; P.O. #19819
Contract Not To Exceed $32,017.04
5. 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.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly fumish 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
fumish 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.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter penod 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.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of 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 Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
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Otto's Parking Marking Company
Engineering Department - 2009
Appropriation #2201-43409; P.O. #19819
Contract Not To Exceed $32,017.04
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 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, 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 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 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.
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Otto's Parking Marking Company
Engineering Department - 2009
Appropriation #220143409; P.O. #19819
Contract Not To Exceed $32,017.04
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.
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; return 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. Mike McBride
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Otto's Parking Marking Company
2449 East Main Street
Greenwood, Indiana 46143
Telephone: 317-882-8933
E-Mail: tdonica cDottospm.com
ATTENTION: Tim Donica, Operations Director
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
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 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.
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Otto's Parking Marking Company
Engineering Department- 2009
Appropriation 4220143409; P.O. #19819
Contract Not To Exceed $32,017.04
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 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 Estimate amount 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 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.
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 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 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, 2009, 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
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.
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 of the covenants, terms, warranties and obligations
set forth in Agreement.
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.
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Otto's Parking Marking Company
Engineering Department-2009
Appropriation #2201-43409; P.O.#19819
Contract Not To Exceed $32,017.04
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 extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors In Interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
J es Brainard, Presiding Officer
ate:
ary n Burke, ember
Date: _
OTTO'S PARKNG MARKING COMPANY
By: A?L
Authorized Signature
Lori t Vjldfsan, Member/
Date. Cobs
ATTEST:
Steve Sawa
Printed Name
General Manager
Title
FID/TIN: 35-153350
SSN if Sole Proprietor:
Date: 5/26/2009
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rroposai
Proposal #: 205242
_ Date: 5/19/2009
• Striping' Game Courts' 2449 E. Main.St.
PARKING MARKING ` Signs • Parking Bumpers • Greenwood; (N 46143 Estimator: Tim Donica
• Sealcoating ` Crack Repair • Phone: 317-882-8933 Direct Dial: 317-5344573
TNPANY / ' Asphalt Repairs • Concrete • Fax: 317-888-7628 Direct Fax: 317-534-4574
www.ottospm.com E-mail:.ldonim@ottospm.com
PROPOSAL SUBMITTED TO WORK TO BE PERFORMED AT
Board of Public Works & Safety Phone 317-571-2306 Carmel Access Bikeways (CAB)
One Civic Square
Carmel IN 46032 Carmel IN 46032
David Littlejohn Fax:
We hereby propose to furnish the materials and perform the labor necessary for the completion of
213 Directional Signs (22" x 6") @ $28.70 6,113.10
-124 CAB Signs @'$42.56 5,277.44
5 Map Signs @ $433.50 2,167.50
112 Square Post w/ Anchor @ $148.00 16,576
7 Decorative Sign Posts @ $269.00 1,883.00
Project #: 09-02
All material is guaranteed to be as specified, and the above work to be performed in accordance . with the drawings and specifications submitted for
above work and completed. in a substantial workman like manner for the sum of : $32
Dollars:
017.04
,
with payments to be made as follows: Net 30
1112% per month (19% annual) service charge added to any unpaid past due balance after 3o days from date of Invoice.
Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders. and will become an extra charge aver and above the
estimate. All agreements contingent upon strikes, accidents of delays beyond our. ion Vol. Owner to carry fire, tomado and other necessary Insurance upon above work.
Workmen's compensation and Public Liability Insurance on above work to betaken out by OTTO's. This proposal may be withdrawn by us if not accepted within 90 days
ACCEPTANCE OF PROPOSAL
PURCHASER ARGREES that by its act of accepting this proposal thatOTTO-MEYER, INC: d/b/a OTTO'S PARKING MARKING CO.. INC. does
not owe any ongoing duty of care to third parties for. risk of injury resulting from any palm work performed. OTTO-MEYER, INC. disclaims and limits
any implied or expressed warranties for any palm work performed to the fullest extent allowed by law and all work shall be accepted 'AS IS". The
PURCHASER GUARANTEES that they and their insurer(s) will'INSURE, INDEMNIFY, DEFEND, AND HOLD HARMLESS OTTO-MEYER, INC.
regardless of any fault OTTO-MEYER, INC. may have for any claims of personal injury or propertydamage made by either the PURCHASER or
any third party. OTTO-MEYER, INC. shall be entitled to recover its reasonable legal costs, expenses; and attorney's fees incurred in enforcing any
covenant, term, or condition of the contract created by acceptance of our proposal.
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above
Signature: Date:
Printed: Title:
_
AN EQUAL OPPORTUNITY EMPLOYES AWal
L./\I 1 t &O l.I
PART 2
BID PROPOSAL
2.1 Base Bid
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools,
apparatus, materials, equipment, service and other necessary supplies, and to perform and
fulfill all obligations incident thereto in strict accordance with and within the time(s)
provided by the terms and conditions of the Contract Documents.for the above described
Work and Project, including any and all addenda thereto; for the Unit Prices applicable to
the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by
'estimated unit quantities for such Contract Items, total the amounts listed below. The
Bidder acknowledges that evaluation of the lowest Bid shall be based on such•price and
further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates
solely for the purpose of Bid evaluation and Contract award, and are not to be construed
as exact or binding. The Bidder acknowledges that the OWNER reserves the right to
award the Work-as a combined Contract for both Bids.(Pavement Inlay Bid and Signage
Bid) or es two, separate Contracts. The Bidder further understands that all Work which
may result on the Contract shall be compensated for on a Unit Price basis and that the
OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any
item of Work to be performed or furnished under the Contract.
Pavement Inlay Bid Not Bidding Dollars ($ 0.00 )•
).
Signage Bid Thirty two thousand seventeen Dollars ($ 32,017-.04
dollars and 04/100
"EXHIBIT IL . "
BID-3
PART 3
CONTRACT ITEMS AND UNIT PRICES
Si na a Bid Prices I Figures
Contract Description Unit Estimated Unit Total
Item No. Quantity Price Price for
Item
I City Center Loop Sign, Straight EA 8
$28.70 229.60
2 City Center Loop Sign, Right EA 5
'
? $28.70 1
43.50
3 ? ! City Center Loop Sign, Left EA 6
$28.70 .172.20
4 City Center Loop Map Sign EA I
$433.50 433,50
5 Cool Creek Loop Sign, Straight EA 5
$28.70 143.50
6 Cool Creek Loop Sign, Right EA 8
$28.70 229.60
7 'C6ol Creek Loop Sign, Left EA 20
$28.70
574.00
8 Cool Creek Loop Map Sign EA 1
$433.50 $433.50
9 Village Loop Sign, Straight EA 11
$28.70 315.70
10 Village Loop Sign, Right EA 9
$28.70 258.30
11 Village Loop Sign, Left EA 13
$28.70 373.10
12 Village Loop Map Sign EA I
$433.50 $433.50
13 West Loop Sign, Straight EA 8
$28.70
229.60
14 West Loop Sign, Right EA 5
$28.70
143.50
15 West Loop Sign, Left EA 8
$28,70
229.60
16 West Loop Map Sign EA I
$433.50
$433.50
17 White River Loop Sign, Straight EA 9
$28.70 258.30
18 White River Loop Sign, Right EA 10
$28.70
287..00
19 White River Loop Sign, Left EA 6
$28.70
172..20
20 White River Loop Map Sign EA 1
$433.50
$433.50
21 Express Route 1 A Sign, Straight EA 6
.$28.70
172.20
22 Express Route 1 B Sign, Straight EA I
$28.70 28..70
23 Express Route I B Sign, Right EA 7
$28.70 200.90
24 Express Route I B Sign, Left EA 3
$28.70 86.10
25 Express Route 2 Sign, Straight EA 5
$28.70
143:50
26 Express Route2 Sign. Right EA 2
$28..70
57.40
BID13 ASAHIB11 3?U 9,
27 Express Route 2 Sign, Left EA 2 $28.70 $57.40
28 Express Route 3 Sign, Straight EA 1
$28.70
28.70
29 Express Route 3 Sign, Right EA 4 $28.70 $114.80
30 Express Route 3 Sign, Left EA 6 $28.70 $172.,20
31 Express Route4 Sign, Straight EA 9 $28.70 $258.30
32 Express Route4 Sign, Right EA 4 $28.70 $114.80
33 ' Express Route 4 Sign, Left EA 6 $28.70 $ 1 72.2
0
34 Express Route 5 Sign, Straight EA 3 $28.70 .$86.10
35 Express Route 7 Sign, Straight EA 7
28.70
200.90
36 -Express Route 7 Sign, Right EA 2 $28.70 $57.40
37 Express Route 7 Sign, Left EA 2 $28.70 $57.40
38 Express Route 9 Sign, Straight EA 4 $28.70 $114.80
39 Express Route 9 Sign, Right EA 1 $28.70 $28.70
40 Express Route I I Sign, Right EA 3 $28,70 $86.10
41 Express Route 11 Sign, Left EA 4 28.70 $114.80
42 CAB Master Sign EA 124 42.56 $5,277.
43 Sign Post, Square, with Reinforced
Anchor Base Type I, 12-Feet EA 112 $148 `.00 $16,576
44 Decorative Sign Post, 12-feet EA 7 $269.00 $1,883.
Total Signage Bid $ 3 2 , 0171
44
.00
30
.04
ment Inlay Bid Prices In Figures
Contmc
Item No. Description Unit Estimated
Quantity Unit Price otal Price
forltem
45 Psvemen , City Center Loop EA 13
46 Pavement Inlay, Coo ek Loop EA
47 Pavement Inlay, Village Loop 20
48 Pavement Inlay. We!t EA 3
49 Pavement Inl, hire River
Loo EA 10
50 ement Inlay, Express Route EA 172
Total Pavement Inlay Bid
`1 J !f
sro-s "EX?-IIBIT I
kiry ®i k....°?axrme I' I CERTIFICATE. NO. 003120155 002 0 I PURCHASE ORDER NUMBER
_ Y FEDERAL EXCISE TAX EXEMPT 1 CtO' 1 Q
35-60000972 l 1 fJ 1
ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES, A
CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIP
°ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 SHIPPING LABELS ANDANY CORRESPONDENC
RCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
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QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
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PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
SHIP REPAID.
C.O.D. SHIPMENTS CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
PAYMENT
• A(P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED,
• I HEREBY CERTIFYTUg THERE S AN UNOBLIGATED BALANCE IN
THIS APPROPRI (y T TO PAY FOR HE ABOVE ORDER.
ORDERED BY J^1 _ _ AL /,
TITLE
1 9 8 1 9 CLERK-TREASURER
)OCUMENT CONTROL NO. VENDOR COPY