JEM Blasting and Painting/UTL/$32,904/Clarifier Painting JEM Blasting and Painting LLC
. Utilities-2012
Appropriation#01-7362-06; P.O.#S 13198
Contract Not To Exceed$32,904. 0
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES n 1
o
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 JEM Blasting and Painting, LLC, an entity duly
authorized to do business in the State of Indiana ("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 01-7362-06 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 Thirty Two Thousand Nine Hundred Four Dollars ($32,904.00) (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 conformance
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 City of
Carmel Utilities Department Bid Proposal Package for"Four Clarifiers — (sandblasting and painting)"
received by the City of Carmel Board of Public Works and Safety, 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
[A1,,,,appsl\User Data-Ad,om\LAW811arcd\PmLSvos&Goods Svo\Utilitic,VEM BLASTING&PAI9NTIN-Goods 8 Spvicc+.d 8/23/2012 1 1:00 AM]
JEM Blasting and Painting LLC
. Utilities-2012
Appropriation#01-7362-06; P.O.#513198
Contract Not To Exceed$32,904.00
particular purpose.
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 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.
7. 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 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.
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.
[\Ussvrappsl\Usu Data-Matta LA V 1,r,rl\Pro(.Svuc&Gtaxis SvtAthillitt,BEM BLASTING&PAI9NTIN-Goods&$.7v a.,dm 8/23/2012 11:011 AM]
JEM Blasting and Painting LLC
. Utilities-2012
Appropriation#01-7362-06; P.O. #S13198
Contract Not To Exceed$32,904.00
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. E-VERIFY
Pursuant to I.C. § 22-5-1.7 et seq., Company shall enroll in and verify the work eligibility status of all of its
newly-hired employees using the E-Verify program, if it has not already done so as of the date of this
Agreement. Company is further required to execute the attached Affidavit, herein referred to as Exhibit D,
which is an Affidavit affirming that: (i) Company is enrolled and is participating in the E-verify program, and
(ii) Company does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference,
and in its entirety, attached Exhibit D. In support of the Affidavit, Company shall provide the City with
documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take
effect until said Affidavit is signed by Company and delivered to the City's authorized representative. Should
Company subcontract for the performance of any work under this Addendum, the Company shall require any
subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with
any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program.
Company shall maintain a copy of such certification for the duration of the term of any subcontract. Company
shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the
subcontract. If Company, or any subcontractor of Company, knowingly employs or contracts with any
unauthorized aliens, or retains an employee or contract with a person that the Company or subcontractor
subsequently learns is an unauthorized alien, Company shall terminate the employment of or contract with
the unauthorized alien within thirty (30) days ("Cure Period"). Should the Company or any subcontractor of
Company fail to cure within the Cure Period, the City has the right to terminate this Agreement without
consequence. The E-Verify requirements of this Agreement will not apply should the E-Verify program cease
to exist.
[\Ussvrappsl\U.ur Data-Admm\LA W\sharcrlWroI Svc,&Good.,Svcs\Utilitiu.'EM BLASTING&PAI9NTIN-Gods&Src,.d,o:8/23/2012 11:011 AM]
JEM Blasting and Painting LLC
, Utilities-2012
Appropriation#01-7362-06; P.O. #S 13198
Contract Not To Exceed$32,904.00
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 AND Douglas C. Haney, City Attorney
One Civic Square Department of Law
Carmel, Indiana 46032 One Civic Square
ATTENTION: Carmel, Indiana 46032
If to Vendor: JEM Blasting & Painting, LLC
8612 S. Franklin Road
Indianapolis, IN 46259
Telephone: 317-439-5137
E-Mail:
ATTENTION: Jay E Mullins
Notwithstanding the above, notice of termination under paragraph 19 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.
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.JEM Blasting and Painting LLC
Utilities-2012
Appropriation#01-7362-06; P.O.#S13198
Contract Not To Exceed$32,904.00
19. TERMINATION:
19.1 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.
19.2 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.
20. 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.
21. 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.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2012 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.
23. 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.
24. 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.
[Nsvrappsl\User Data-Admut\LAM\harcrl\ProfSvcc&Goals Ss,\UtiliticAlEM BLASTING&PAI9NTIN-Goods&Sr..doo:8/23/2012 11:00 AM]
.JEM Blasting and Painting LLC
, Utilities-2012
Appropriation#01-7362-06; P.O. #S 13198
Contract Not To Exceed$32,904.00
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. 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.
27. 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 JEM Blasting and Painting, LLC
by and through its Board of Public
Works and Safety
By. By:
/ 0 _A `,.-4 ./Lt 1 1 '
/James Brainard, Presiding Officer ' ho iz:d Signature
late: _
QJ { iNi tAft l�C.
1 1 _�.�/_ Printed Narrle
Mary An- Burke, ember
Date: I D — 3/ n( 9.0.-K
Title
Lori S(.. W. (n, Member FID/TIN: __Q6 — O Q Ocn 7 0
Date: /0 i� ! t -a,
Last Four of SSN if Sole Proprietor:
ATTEST:
i ________.
Date: O — 1 giAL.Li.■ ...41..Af d J!j
Diana Cordray, IAMC,%lerk-Treasurer
Date: /D° _—'JZ__
[\Ussvrapp;l\Us¢Dam-Admu,\LAW\aharal\ProLSvcs&Goods Svcs\U,ih11,Y IEM BLASTING&PAI9NT[N-Goods&S oicv,s.doc:8/23/2012 I Id1(1 AM]
JEM Blasting and Painting LLC
8612 S Franklin Road
Indianapolis, In 46259
317-439-5137
July 6, 2012
Carmel Utilities
9609 Hazel Dell Parkway
Indianapolis , Indiana 46280
Subject Four Clarifiers sandblast all carbon steel.
JEM Blasting and Painting will provide the following.
• All labor, materials and equipment necessary to complete the job.
• Brush blast to SSPC-SP7 catwalk to remove loose coatings rust and
contaminants.
• Near white blast to SSPC-SP10 blast on steel for immersion service.
• Using Marco coal slag 2040 grit.
• Job site cleanup of trash and debris generated during work process.
JEM lasting and Painting LLC, will complete the above projects for the sum of
$4,856.00 per unit x 4 e $19,424.00
Sincerely,
Jay E Mullins
JEM Blasting and Painting LLC
"EXHIBIT
JEM Blasting and Painting LLC
8612 S Franklin Road
Indianapolis, In 46259
317-439-5137
July 6, 2012
Cannel Utilities
9609 Hazel Dell Parkway
Indianapolis , Indiana 46280
Subject Four Clarifiers painting.
JEM ; lasting and Painting will provide the following.
• All labor, materials and equipment necessary to complete the job.
• Apply two coats Sherwin Williams Macropoxy 646 at 4 to 6 mils per coat for total
OFT of 8-12 mils.
• All painting to done by brush and roller.
• Color requested.
• Job site cleanup of trash and debris generated during work process.
JEM Blasting and Painting LLC, will complete the above projects for the sum of
$ 3,370.00 per unit x 4 = $13,480.00
Sincerely,
Jay E Mullins
JEM Blasting and Painting LLC
E R EXHIBr1
QUALOTY MUM Rs,
A SPECIALTY CONTRACTOR 4M-.P '
Certified MBE-IBDC,IN,KY
.41 Proposal
Jeff Cooper
Maintenance Foreman 7/26/2012
9609 Hazel Dell Parkway
Indianapolis,IN 46280
No.Of Panes: 1
Contact: Dennis Charles,Office-317-713-7066 Cell-317-281-1658
Carmel Utilities-Clarifiers-Prep and paint
Subject to prompt acceptance within 30 days,we propose to furnish Materials and Labor at the above
referenced project at the prices and terms stipulated below:
Scope of Work
See specific Exclusions/Inclusions/Clarifications below.
Four(4)Clarifiers
INCLUSIONS:
1. Sandblast steel rim at the top of concrete clarifier
2. Sandblast blue steel structure and adjoining structure
3. Prime coat PPG primer
4. Intermediate coat-PPG 240
5. Finish coat-PSX 700 PPG
6. clean up and removal of sand
7. Remove and rebuild scaffold daily
EXCLUSIONS:
1. Temporary facilities(i.e.heat,water,sanitary,power,lighting).
2. Scaffolding-supplied by owner
3. concrete surface
Base Bid: One hundred seventeen thousand eight hundred and 00/100 Dollars($117;800:00)
"EXHIBIT 3-f -i 91
OfceNVarehouse:6645 E.38"Street Indianapolis,IN 46226
Tel.:(317)713.7050 Fax:(317)713-7055
DECO INDUSTRIAL COATINGS
_ . -
Pages: Page 1 of 1
Date: July 31,2012
Thank you for the opportunity to provide you with information and pricing on the above
referenced project. We look forward to working with you and assisting in the decision
making process.
RE: City of Carmel Utilities
9609 Hazel Dell Parkway
Indianapolis, IN.46280
SCOPE OF WORK:Blast and paint four clarifiers(the frames,attachments and blue structural steel.
Metal in Clarifiers
Step 1 Pressure wash per PPG 5.0 surface preparation standards
Step 2 Abrasive blast per PPG 5.0 surface preparation standards necessary to
receive epoxy coat
Step 3 Apply one coat of Amercoat 240 Universal Epoxy 6.0-8.0 mils
Step 4 Apply one finish coat of Amercoat 240 Universal Epoxy 6.0-8.0 mils
12.0 to 16.0 mils
Metal Structural Walkway
Step 1 Pressure wash per PPG 5.0 surface preparation standards
Step 2 Spot prime proper prepared areas with 94-260 Multiprime Primer
Step 3 Apply one coat of Durethane DTM Urethane 3.0-5.0 mils
Step 4 Apply one coat of Durethane DTM Urethane 3.0-5.0 mils
6.0 to 10.0 mils
Remove excess and debris via industrial vacuum system
CLARIFICATIONS:
Approximately one month to complete
Specifications derived from PPG.
Scaffolding provided by City of Carmel
Wage rate based on open shop rates
BASE BID: $59,500.00
Regards,
•
Kirby South
"EXHIBIT A 4.44 59
This transmission and any of the documents accompanying it contains confidential,proprietary,or trade secret information belonging to the sender,its parent or
affiliates,or to third parties.This information should be kept confidential unless specifically authorized in writing by the sander. My unauthorized disclosure,
distribution,copying,dissemination,or utilization of this information is strictly prohibited. If you are not the intended recipient and have received this
transmission in en-or,please immediately notify the sender.
DECO INDUSTRIAL • 7216 US 31 South • Indianapolis,IN 46227
Tel:317.889.9290 • Fax:317.782.9299