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Home My WebLink AboutBid Packets and Information U_U +t ti • r n ■el w N Niii 1E ill T.TT7l fir r 'V CI mo . ' EL March 14, 2011 _JAMES BRAINARD, MAYOR Tim Yardberry Yardberry Landscape Excavating Co. 9940 South 1000 West Anderson, IN 46017 Re: Construction Quote Illinois St. Wall Repair Dear Mr. Yardberry: Thank you for submitting a quote for the Illinois St. Wall Repair project. The quote was opened at the January 19, 2011 Board of Public Works and Safety meeting, and was the only quote submitted for the project. After careful consideration the Board decided to reject the quote per Section 7.1 of the Instructions to Bidders, as the quote exceeded the funds available for the project. The quote was formally rejected at the February 16, 2011 Board of Public Works and Safety meeting. As such, we regret to inform you that have not been selected to provide these services to the city. Thank you for your interest in the project. Hopefully the City can work with your firm in the future. Sincerely, Gary D Gan ,P.E. Assistant City Engineer City of Carmel cc: Project File DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARME.L, IN 46032 OFFICE 317-571.2441 FAX 317.571.2439 EMAIL enginteringecarmel.in.gov CW8 n i a Nola • main j j j tf IOO CI EL JAMES BRAINARI), MAYOR LETTER OF TRANSMITTAL Date: March 21. 2011 To: Sandy Johnson Office of the Clerk Treasurer From: Katie Neville Dept. of Engineering RE: document for file Please find attached the formal construction quote rejection letter sent to Yardberry for their quote on the Illinois St. Wall Repair project. DEP.ARTAIF.\1 OF ENGI\EFRIM• ONE Civic SQI ARE. CARMEL. IN 46032 OFF1cE 317.571.2441 FAN 317.571.2439 EMAI1. enginevringgcarniel in 12,(n Page 1 of 9 CITY OF CARMEL ENGINEERING DEPARTMENT ONE CIVIC SQUARE CARMEL, IN 46032 REQUEST FOR QUOTE FOR ILLINOIS STREET WALL REPAIR December 20, 2010 To: Tim Yarberry Yardberry Landscape Excavating Co. 9940 South 1000 West Anderson, IN 46017 Ph# 765-378-5783 Fax# 765-378-0376 tvarb daol.com Re: Request for quote for site improvements at Illinois Street Wall at approximately 12250 North Illinois Street,Carmel, IN 46032 To whom it may concern: Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed quotes for the "ILLINOIS STREET WALL REPAIR" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) anytime prior to, and no later than 10:00 a.m. Local Time on, January 19, 2011, and commencing as soon as practicable thereafter during a special Board of Public Works Meeting on the same date, such quotes will be publicly opened and read aloud in the Council Chambers of City Hall. No late quotes will be accepted. All quotes and proposals shall be properly and completely executed on the proposal forms provided with this request and specifications and submitted as follows: I. Quote Proposal Summary Page and Quote proposal Sheet, page 9. 2. Followed by a copy of this request, sheets 1-8. The quote envelope must be sealed and have the words "QUOTE — ILLINOIS STREET WALL REPAIR". It is intended that actual construction of all work divisions shall be started as soon as practicable or as directed, and each quoter shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to, the following: Raising precast concrete wall and holding wall in place while excavation for and placement of a new foundation is poured in place. -SENDEil: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1.2,and 3.Also complete a Signature item 4 If Restricted Delivery Is desired. x fl ❑Agent • Print your name and address on the reverse Addressee so that we can return the card to you. g e ems+ by TNT 0, Date of Delivery I • Attach this card to the back of the mailpiece, II VV w or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Tim Yarberry Yardberry Landscape Excavating Co. 9940 South 1000 West 3 Anderson, IN 46017 , service Type ❑Certified Mall 0 Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1060 0001 9059 0904 (Transfer from service label) PS Form 3811, Febn :y 2004 Domestic Re,— 1o2s95 02-M tsao U.S. Posta! Service. CERTIFIED MAIL; RECEIPT S (Domestic Mail Only;No insurance Coverage Provided) O 4 QFor delivery information visit our webs Ile at www.usps,corrt_, tr ATERSIM Ili 46p7 , u1 Postage Er Certified Fee .80 t2• i `- Return Receipt Fee d (Endorsement Required) 'a ' Resaicted Delivery Fee 2 C it g�} ItJ lififte (Endorsement Regoired) $Q•° ,..D 111 tt ) Total Postage&Fees . t• 12/224010 Tim Yarberry o sent o• sneer'Yardberry Landscape Excavating Co. rti orpa 9940 South 1000 West cry Anderson, IN 46017 . t- Page 1 of 9 CITY OF CARMEL ENGINEERING DEPARTMENT ONE CIVIC SQUARE CARMEL, IN 46032 REQUEST FOR QUOTE FOR ILLINOIS STREET WALL REPAIR December 20, 2010 To: Charlie Gannon Walsh Construction 2748 North State Road 39 LaPorte, IN 46350 Ph# 219-324-4320 Fax# 219-324-4719 cgannon(ujwalshgroup.com Re: Request for quote for site improvements at Illinois Street Wall at approximately 12250 North Illinois Street, Carmel, IN 46032 To whom it may concern: Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed quotes for the "ILLINOIS STREET WALL REPAIR" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) anytime prior to, and no later than 10:00 a.m. Local Time on, January 19, 2011, and commencing as soon as practicable thereafter during a special Board of Public Works Meeting on the same date, such quotes will be publicly opened and read aloud in the Council Chambers of City Hall. No late quotes will be accepted. All quotes and proposals shall be properly and completely executed on the proposal forms provided with this request and specifications and submitted as follows: 1. Quote Proposal Summary Page and Quote proposal Sheet, page 9. 2. Followed by a copy of this request, sheets 1-8. The quote envelope must be sealed and have the words "QUOTE — ILLINOIS STREET WALL REPAIR". It is intended that actual construction of all work divisions shall be started as soon as practicable or as directed, and each quoter shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to,the following: Raising precast concrete wall and holding wall in place while excavation for and placement of a new foundation is poured in place. SEMDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign= u Item 4 If Restricted Delivery Is desired. ❑Agent • Print your name and address on the reverse X - ■■ ❑Addressee so that we can return the card to you. by(Printed Name) Date of Deliv • Attach this card to the back of the mailplece, _�• dp or on the front if space permits. D. Is delivery address different fro 1? 0 Vas 1. Article Addressed to: If YES,enter delivery address below: ❑No Charlie Gannon Walsh Construction 2748 North State Road 39 3. Service Type LaPorte, IN 46350 ❑Certified Mau ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑C.O.D. 4. Restricted Delivery'?(Extra Fee) 0 Yes 2. Article Number 7010 1060 0001 9059 0911 (Transfer from service late PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service `CERTIFIED MAIL RECEIPT � r-i (Domestic A!ri, ',' y;tz. ::tcr,rance Coverage Provided) ❑' For delive'y information visit ow website at www.usps.com., 0 Li MOUE I '-4t35G ?;, . . o- .. u-) O Postage $ ' �' le 0720 Q.. CerWied Fee $2.B0 12 r--4 Postmark 0 Return RecelplIeb $ .3O Here O (Endorsement Required) 0 Restricted Delivery Fee $0 0 (Endorsement Requlredl .00 .A 0 Total Posteoe&Fees it $7.34 12/22/2010 '-4 sent r Charlie Gannon ci ri Walsh Construction co or PO;2748 North State Road 39 .e;ry si LaPorte, IN 46350 Page I of 9 CITY OF CARMEL ENGINEERING DEPARTMENT ONE CIVIC SQUARE CARMEL, IN 46032 REQUEST FOR QUOTE FOR ILLINOIS STREET WALL REPAIR December 20, 2010 To: Mr. Dan Shotts Snider Group P.O. Box 281 Zionsville, IN 46077 dshottsausnider-group.com Re: Request for quote for site improvements at Illinois Street Wall at approximately 12250 North Illinois Street, Carmel, IN 46032 To whom it may concern: Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed quotes for the "ILLINOIS STREET WALL REPAIR" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) anytime prior to, and no later than 10:00 a.m. Local Time on, January 19, 2011, and commencing as soon as practicable thereafter during a special Board of Public Works Meeting on the same date, such quotes will be publicly opened and read aloud in the Council Chambers of City Hall. No late quotes will be accepted. All quotes and proposals shall be properly and completely executed on the proposal forms provided with this request and specifications and submitted as follows: 1. Quote Proposal Summary Page and Quote proposal Sheet, page 9. 2. Followed by a copy of this request, sheets 1-8. The quote envelope must be sealed and have the words "QUOTE — ILLINOIS STREET WALL REPAIR". It is intended that actual construction of all work divisions shall be started as soon as practicable or as directed, and each quoter shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to,the following: Raising precast concrete wall and holding wall in place while excavation for and placement of a new foundation is poured in place. SENWER: COMPLETE THIS SECTION C. ION ON DELIVERY • Complete items 1,2,and 3.Also complete Sign,'Jr, *Aden; item 4 if Restricted Delivery is desired. • Print your name and address on the reverse X AL' l ssee so that we can return the card to you. B. • eived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. S E! ' /1 D. Is delivery address different from ttem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Mr. Dan Shotts Snider Group P.O. Box 281 3. Service Type Zionsville, IN 46077 ❑Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1060 0001 9059 0928 (Transfer from service label) PS Form 3811, February 2004 nomestic Return Rene, 102595-02-M-1540 U.S. Postal Service• CERTIFIED MAIL RECEIPT rU`a (Domestic Mail Only:No Insurance Coverage Provided) D' For delivery information visit our website at www.usps.com. ZIMSVILLE IN 46r? ' tn 0 Postage $ $2.24 0720 0 _ Certified Fee $2.86`C 2 C Return Receipt Fee C Postmark 0 (Endorsement Required) $2.30 ,,��0'1 Here Restricted Delivery Fee (Endorsement Required) $0.00 - t =7,. CD Total . Q $7.34 12/22*10 sent Mr. Dan Shotts;/ , o gfrii Snider Group M1 P.O. Box 281 Zionsville, IN 46077 ,4 r Page 1 of 9 CITY OF CARMEL ENGINEERING DEPARTMENT ONE CIVIC SQUARE CARMEL, IN 46032 REQUEST FOR QUOTE FOR ILLINOIS STREET WALL REPAIR December 20, 2010 To: Jeff Perry Poindexter Excavating Inc. P.O. Box 36399 Indianapolis, IN 46236 Ph#317-823-6837 Fax# 317-823-4662 ioerrvieZpoindexterexcavating.com Re: Request for quote for site improvements at Illinois Street Wall at approximately 12250 North Illinois Street,Carmel, IN 46032 To whom it may concern: Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed quotes for the "ILLINOIS STREET WALL REPAIR" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) anytime prior to, and no later than 10:00 a.m. Local Time on, January 19, 2011, and commencing as soon as practicable thereafter during a special Board of Public Works Meeting on the same date, such quotes will be publicly opened and read aloud in the Council Chambers of City Hall. No late quotes will be accepted. All quotes and proposals shall be properly and completely executed on the proposal forms provided with this request and specifications and submitted as follows: 1. Quote Proposal Summary Page and Quote proposal Sheet, page 9, 2. Followed by a copy of this request, sheets 1-8. The quote envelope must be sealed and have the words "QUOTE — ILLINOIS STREET WALL REPAIR". It is intended that actual construction of all work divisions shall be started as soon as practicable or as directed, and each quoter shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to,the following: SENDER: COMPLETE TH • b .� .^ ON ON DELIVERY • i✓omplete'items 1,2,and 3.AIS,, .,...Nla,.; item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse >, • A i ❑Addressee so that we can return the card to you. i_ C. Date.1 De very • Attach this card to the back of the mailpiece, or on the front if space permits. A ' i�Iiii ?: 21 AO D. Is delive address different from = 1? 'A Yes 1. Article Addressed to: If YES ter delivery address below: ❑ No V Jeff Perry — -.-. ��(� Poindexter Excavating In o`tNOVN s ```c a ,, 1� l P.O. Box 36399 �° 3. Servke Type Indianapolis, IN 46236 n! ' 2 i 1 C] Certified Mail ❑ Express Mail r I J ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4_,Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 , "�0 0001 9059 0935 Es (Transfer from service label) PS Form 3811, February 2004 -Dire- r 102595-02-M-1540 U.S. Postal Service... CERTIFIED MAIL RECEIPT rn (Domestic Marl Only;No Insurance Coverage Provided) For delivery information visit our Websiteat www.usps.com o If1IA�lAt✓f1LI� IN .$6236 U•1 __ CI Q_ Postage 3 !',N ( 0720 Certrfied Fee $/80� 12 D D (Endorsement p Fee Postmark Required) Here Restricted Delivery Fee 7/ O IEndorsernent Recprired) $0.0(j' / 1:3 rote t:cep 4; $7.34 •s12/2?/2010 Jeff Pe .;r sent Poindexter Excavating Inc. ° ofp P.O. Box 36399 city Indianapolis, IN 46236 s _ r�lyd tibh" • Page 1 of 9 CITY OF CARMEL ENGINEERING DEPARTMENT ONE CIVIC SQUARE CARMEL, IN 46032 REQUEST FOR QUOTE FOR ILLINOIS STREET WALL REPAIR December 20, 2010 To: Brian Addison Harvey Construction Company 9125 E. 146th Street Noblesville, IN 46060 Ph# 317-773-7302 Fax# 317-773-7565 Cell# 714-3353 BRIANOIHARVEYCONS'I'.COM Re: Request for quote for site improvements at Illinois Street Wall at approximately 12250 North Illinois Street, Carmel, IN 46032 To whom it may concern: Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed quotes for the "ILLINOIS STREET WALL REPAIR" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) anytime prior to, and no later than 10:00 a.m. Local Time on, January 19, 2011, and commencing as soon as practicable thereafter during a special Board of Public Works Meeting on the same date, such quotes will be publicly opened and read aloud in the Council Chambers of City Hall. No late quotes will be accepted. All quotes and proposals shall be properly and completely executed on the proposal forms provided with this request and specifications and submitted as follows: 1. Quote Proposal Summary Page and Quote proposal Sheet, page 9. 2. Followed by a copy of this request, sheets 1-8. The quote envelope must be sealed and have the words "QUOTE — ILLINOIS STREET WALL REPAIR". It is intended that actual construction of all work divisions shall be started as soon as practicable or as directed, and each quoter shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to, the following: SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Rec Ived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, ; k1,I or on the front if space permits. 111"""��` D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Brian Addison Harvey Construction Company 9125 E. 146th Street 3. Service Type Noblesville, IN 46060 ❑Certified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 010 1060 0001 9 0 5 9 0942 (Transfer from service lab PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postffl Service CERTIFIED MAIL RECEIPT t1J (Domestic Mail Only;No Insurance Coverage Provided) • For delivery information visit our website at www usps.com•• r,.,' .r 1R . � ; .O • Ii D' o Postage s #�24 0720 t �n Certified Fee 74¢ ,• 12 r R Postmark Return Rewipt Fee =2.30 7, yt Here O (Endorsement tequired 0 Restricted Delivery Fee (Endorsement Required) . $ f zr 1=1 Total Pomace A p, ,� o 10 Brian A sent ° Harvey Construction Company 9125 E. 146th Street or PO chr.s Noblesville, IN 46060 tr n. > Page 1 of 9 CITY OF CARMEL ENGINEERING DEPARTMENT ONE CIVIC SQUARE CARMEL,IN 46032 REQUEST FOR QUOTE FOR ILLINOIS STREET WALL REPAIR December 20, 2010 To: Steve Milborne or Kevin Green Calumet Civil Contractors, Inc. 4555 Fieldstone Drive Whitestown, IN 46075 Ph# 317-769-1900 Fax#317-769-7424 smi I bourn a,CalumetCivi1.com kgreengca I umetc iv i I.com Re: Request for quote for site improvements at Illinois Street Wall at approximately 12250 North Illinois Street, Carmel, IN 46032 To whom it may concern: Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed quotes for the "ILLINOIS STREET WALL REPAIR" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) anytime prior to, and no later than 10:00 a.m. Local Time on, January 19, 2011, and commencing as soon as practicable thereafter during a special Board of Public Works Meeting on the same date, such quotes will be publicly opened and read aloud in the Council Chambers of City Hall. No late quotes will be accepted. All quotes and proposals shall be properly and completely executed on the proposal forms provided with this request and specifications and submitted as follows: 1. Quote Proposal Summary Page and Quote proposal Sheet, page 9. 2. Followed by a copy of this request, sheets 1-8. The quote envelope must be sealed and have the words "QUOTE — ILLINOIS STREET WALL REPAIR". It is intended that actual construction of all work divisions shall be started as soon as practicable or as directed, and each quoter shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to, the following: 1, U.S. Post'3I Service CERTIFIED MAIL RECEIPT `(Domdeliestic Mail informOnly;ation No Insurance Coverage.0 Provided) For very visit our website at wwwsp.^,.corn ° tafITESTUlal IN 460; E cr- in P $ $2.24 0720 ° tr 12 Certified Fee Postmark ED Return Receipt Fee Here ° (Endorsement Required) Restricted Delivery Fee -,10,00 O (Endorsement Required) �• -t�� 1-7�l ,�y� `n t cmn �. $7.d4 12) /2010 o Total a Steve Milborne or KaVreida o 2alumet Ci Contractors, Inc. - o .s 4555 Fieldsto e-Driv .. `', M,sta Whitestown, IN 46075 SENDER: COMPLETE THIS SECT:(■r, COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Signature Item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X:3' ooao,,,eeeeccrrllii Q'1]'}�y � 0 Addressee so that we can return the card to you. B. Re by(printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. t -0714i-et, D. Is delivery address different from item 17 es 1. Article Addressed to: If YES,enter delivery ddress below: ❑ No Steve Mitbi orne or Kevin Green Calumet Civil Contractors, Inc. ■-4 Fieldstone Drive V( Whitestown, IN 46075 3. Service Type I ❑Certified Mail ❑ Express Mail I ❑Registered ❑ Return Receipt for Merchandise • i ❑ Insured Mail ❑C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service labe0 7 010 1060 0001 9 0 5 9 0959 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 I I U n a a 11 CIA O 1E21 Ili ii !Li 0 CI - .. .' EL JAMES BRAINARD, MAYOR LETTER OF TRANSMITTAL Date: January 24, 2011 To: Sandy Johnson Clerk Treasurers Office From: Gary Duncan Assistant City Engineer Dept. of Engineering RE: Bid Packet for Illinois Street Wall Repair Sandy, enclosed please find 1 (1) bid for the Illinois Street Wall Repair. Yardberry Landscaping $26,000.00 DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.371.2.441 FAx 317.571.2439 EMAIL engineering canncI.in.g v DATE: January 1 2011 PROJECT: Project - Illinois Street Wall Repair City of Carmel, Indiana NOTICE OF ADDENDUM NUMBER 1 1) Revisions to Part 2.2 of page QUOTE-3 are included herein and eliminate language referring to alternates. There is only a base quote and no alternates on this project. Part 2 also includes additional language regarding description of the work. Part 2 of the Contract Documents shall be replaced with the revised Part 2 herein. 2) Revisions to Part 3 are included herein reflecting the addition of the description of work. Part 3 of the Contract Documents shall be replaced with the revised Part 3 herein. 3) The Bidder shall acknowledge receipt of this Addendum by inserting the number and date in the space provided on page QUOTE-5, Part 4.2 of the QUOTE Form. Page 1 of 3 REVISED PART 2 QUOTE PROPOSAL. 2.1 Base Quote The undersigned Quoter proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies. and to perform and fulfill all obligations incident thereto in strict accordance with and w ithin the time(s) provided by the terms and conditions of the Contract Documents for the above and below described Work and Project, including any and all addenda thereto. for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Price. when multiplied by estimated unit quantities for such Contract Items. total: Base Quote: 7a�•► y S a ‘Js w.j So lgr-- Dollars ($ 26, • e o • 2.2 General The Quoter acknowledges that evaluation of the lowest Quote shall be based solely on the total of the Base Quote. Description of Work The Work shall consist of raising a 36' long precast concrete wall and holding the wall in place while excavation for and placement of a new class A concrete foundation is poured in place. The foundation shall be placed on compacted subgrade per INDOT standard specifications. The wall shall rest on this foundation once the lOundation concrete has been cured. Once the wall rests in its final location. the joints at each end of the wall at each column shall be caulked with matching joint sealant in color and type. Restoration of the work area shall include finish grading of any disturbed areas caused by the work or by accessing the work. Materials may include seeded lawn or mulch pending access. Disturbance to plant material shall be minimized: how ever. no plant material will be required to be replaced if the material is determined to be in direct conflict with the work. Page 2 of 3 REVISED PART 3 CONTRACT ITEMS AND UNIT PRICES Base Quote _ _ Prices In Figures Contract Description l.►iimatei Unit Total Price Item No._ Qnantit t. /'rice rbr Item — I. ILLINOIS STREET WALL REPAIR I LS QUOTE AMOUNT Total Base Quote 2C,eon• Description of Work The Work shall consist of raising a 36' long precast concrete wall and holding the wall in place while excavation for and placement of a new class A concrete foundation is poured in place. The foundation shall be placed on compacted subgrade per INDOT standard specifications. The wall shall rest on this foundation once the foundation concrete has been cured. Once the wall rests in its final location, the joints at each end of the wall at each column shall be caulked with matching joint sealant in color and type. Restoration of the work area shall include finish grading of any disturbed areas caused by the work or by accessing the work. Materials may include seeded lawn or mulch pending access. Disturbance to plant material shall be minimized; however. no plant material will be required to be replaced if the material is determined to be in direct conflict with the work. Page 3 of 3 Engineering Department Project Name AGREEMENT City of Carmel, Indiana THIS AGREEMENT is made and entered into by and between the City of Cannel, Indiana, acting by and through its Board of Public Works and Safety("OWNER")and ("CONTRACTOR"), concerning the project ("Project Number 09-11, 5200 East 116th Street Storm Sewer Outlet Repair") described more particularly in Appendix A which is attached hereto and incorporated herein by reference. RECITALS: A. The OWNER has heretofore caused to be prepared certain plans, specifications and other documents (collectively, the "Contract Documents") as hereinafter listed pertaining to the Project, and the CONTRACTOR has filed a Quote proposal ("Proposal")to furnish labor, tools, material, equipment and/or services, and to perform the work ("Work") called for in the Contract Documents pertaining to the Project, upon the terms and for the price(s) therein fully stated and set forth; and B. The said Contract Documents accurately and fully describe the terms and conditions upon which the CONTRACTOR is willing to furnish the labor, tools, material, equipment, services, and perform the Work called for by the Contract Documents and in the manner and time and for the price(s) set forth therein. THE OWNER AND CONTRACTOR AGREE AS FOLLOWS: 1.0 Contract Documents 1.1 This Agreement consists of the following Contract Documents all of which are as fully a part of this Agreement as if set out verbatim herein or attached hereto and the same do in all particulars become the Agreement between the parties hereto in all matters and things set forth herein and described: a. This Agreement, including any attachments hereto; b. All Addenda issued prior to receipt of Quote proposals, whether or not receipt thereof has been acknowledged by CONTRACTOR in its Proposal; c. The Specifications; d. The Additional Requirements; e. Notice to Quoters; f. Instructions to Quoters; g. Plans and Drawings; h. Performance, Payment and Maintenance Bonds; A-1 Engineering Department Project Name i. CONTRACTOR'S Itemized Proposal and Declarations; and j. All other documents defined as Contract Documents in any of the above listed documents. 1.2 In resolving conflicts, errors, discrepancies and disputes concerning the nature, character, scope and/or extent of Work to be performed or furnished by the CONTRACTOR hereunder, or other rights and obligations of the OWNER and/or CONTRACTOR, the provision of a Contract Document expressing the greater quantity, quality or scope of the Work, or imposing a greater obligation upon the CONTRACTOR, or affording a greater right or remedy to OWNER, shall govern, without regard to the party who drafted such provision; otherwise, the Documents shall be given precedence in the order as listed in paragraph 1.1 herein above. 2.0 Contract Price 2.1 The CONTRACTOR shall, in strict conformity with the Contract Documents, furnish all necessary labor, tools, materials, equipment, services, assume and fulfill all obligations and perform all Work required to construct, complete, and make ready for use by the OWNER at the Unit Prices as quoted in the Proposal for a total contract price not to exceed $ Base Quote, subject to any additions or deletions based on actual approved quantities of the respective unit price items, which price the CONTRACTOR agrees to accept as full payment for all such Work actually performed and accepted as described in the "Contract Items and Unit Prices specification" and other Contract Documents (the "Contract Price"). The CONTRACTOR agrees that each unit price shall be deemed full and complete compensation for all direct and indirect costs for the each respective item of Work, including, without limitation, all materials, labor, supervision, equipment, transportation, warranties, repairs, replacement, overhead and profit for the item,complete and in place. 2.2 The above stated Contract Price will be paid to the CONTRACTOR in the manner and at such times as set forth in the Contract Documents. 3.0 Contract Time 3.1 It is hereby understood and mutually agreed, by and between the CONTRACTOR and OWNER, that the date of commencement and the time for completion of the Work as specified in the Contract Documents are essential conditions of this Agreement. A-2 Engineering Department Project Name II 3.2 The CONTRACTOR agrees that the Work shall be commenced no later than the date indicated in the Notice to Proceed to be provided by OWNER to CONTRACTOR and that the Work shall be performed regularly, diligently and without interruption at such a rate of progress as will insure "Substantial Completion" of the Project, including completion of performance testing and such remedial work as may be required by the OWNER, by the dates specified in the Contract Documents. 3.3 The CONTRACTOR and OWNER acknowledge and agree that the time allotted by this Agreement for the performance and completion of the Work is reasonable and takes into account any and all risks and adverse conditions which may befall the CONTRACTOR hereunder. 4. Effective Date This Agreement shall be deemed effective as of the date and year on which the last of the parties hereto, or their representative, executes same. 5. Miscellaneous Provisions 5.1 OWNER's Property Any and all documentation (other than original tracings and original calculations) generated by CONTRACTOR pursuant to this Agreement shall be considered OWNER's exclusive property and shall be disclosed only to OWNER and to no other person without OWNER's prior express written consent. CONTRACTOR shall keep confidential all working and deliberative material pursuant to IC 5-14-3-4. 5.2 Termination Except as expressly stated to the contrary herein, this Agreement may be suspended and/or terminated upon such terms as are set forth in Article 14 of the City of Carmel, Standard General Conditions for Construction Contracts 1997 (the "General Conditions"), as incorporated herein by this reference. In the event any amount allegedly due hereunder is disputed and such dispute is not resolved to OWNER's satisfaction within ten (10) business days after notice of such dispute is given to CONTRACTOR, OWNER shall pay such amount as is in dispute, under protest, into the City Court of Carmel, which Court shall hold such money until notified of a resolution signed by both parties hereto or until a final judgment is entered thereon. A-3 Engineering Department Project Name 5.3 Binding Effect OWNER and CONTRACTOR and their respective officers, officials, partners, successors, executors, administrators, assigns and legal representatives are bound by this Agreement to the other party hereto and to the officers, officials, partners, successors, executors, administrators, assigns and legal representatives of such other party in all respects as to all covenants, agreements and obligations contained and/or incorporated herein. 5.4 No Third Party Beneficiaries Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER or CONTRACTOR. 5.5 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and CONTRACTOR, as well as its agents, employees, contractors, subcontractors, outside sources and other persons shall in no fashion be deemed to be an employee of OWNER. Furthermore, CONTRACTOR shall be solely responsible for payment to or for its agents, employees, contractors, subcontractors, outside sources and other persons all statutory, contractual and other compensation, benefits and obligations due thereto, and OWNER shall not be responsible for same. Rather, the Contract Price to be paid hereunder by OWNER to CONTRACTOR shall, subject to the terms and conditions hereof, be the full and maximum compensation and monies required of OWNER to be paid to CONTRACTOR pursuant to this Agreement. 5.6 Insurance CONTRACTOR shall maintain such bonds and insurance as are set forth in Article 5 of the General Conditions. 5.7 Indemnification CONTRACTOR shall indemnify and hold harmless OWNER, its officers, officials, employees, agents and legal representatives, from all losses, liabilities, claims, judgments and liens, including, but not limited to, all costs, expenses and attorney fees, arising out of any intentional or negligent act or omission of CONTRACTOR and/or any of its agents, employees, contractors, subcontractors, outside sources and/or other persons in the performance of this Agreement. The failure to do so shall constitute a material breach of this Agreement. This indemnification obligation shall survive the termination of this Agreement. A-4 Engineering Department Project Name 5.8 Setoff In addition to any right of setoff provided by law, all amounts due CONTRACTOR shall be considered net of indebtedness of CONTRACTOR to OWNER, and OWNER may deduct any amounts due or to be come due from CONTRACTOR to OWNER from any sums due or to become due from OWNER to CONTRACTOR hereunder. 5.9 Government Compliance CONTRACTOR agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which may be applicable to CONTRACTOR's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. CONTRACTOR agrees to indemnify and hold harmless OWNER from any loss, damage or liability resulting from any violation of such laws, orders, rules, regulations, codes and/or ordinances. This indemnification obligation shall survive the termination of this Agreement. 5.10 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provision shall continue in full force and effect. 5.11 Notice. Any notice, invoice, order or other correspondence required or permitted to be sent under or pursuant to this Agreement shall be in writing and either hand-delivered or sent by postage prepaid, U.S. Certified mail, return receipt requested, addressed to the parties at the following address: OWNER: CONTRACTOR: City of Carmel Board of Public Works and Safety One Civic Square Carmel,IN 46032 Attention: Mike McBride,PE,City Engineer (with a copy to City Attorney, Department of Law,same address) Notwithstanding the above, a Notice To Cease All Work issued under or pursuit to Paragraph 5.2 hereinabove may be orally given, as long as such notice is thereafter followed by written notice as provided in this Paragraph 5.11 within five(5) business days of the date of such oral notice. A-5 Engineering Department Project Name 5.12 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as with all municipal ordinances and codes of the City of Carmel. The parties further agree that, in the event a lawsuit is filed hereunder, they waive any rights to a jury trial they may have, 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. 5.13 Waiver Any delay or partial inaction on the part of OWNER in exercising or pursuing any right and/or remedy provided hereunder or by law shall not operate to waive any such rights or remedies. 5.14 Exhibits All exhibits and/or appendices referenced herein, whether marked "Exhibit", "Appendix", or by some other title, shall be considered a part of this Agreement. 5.15 Prior Agreements This Agreement contains all of the agreements of the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, representations, and/or contracts, either oral or written, respective thereto. 5.16 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that such party, in executing this Agreement, has the authority to bind such party or the party which it represents, as the case may be. 5.17 Headings All headings 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 provisions hereof. 5.18 Advice of Counsel The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, have had the opportunity for the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily and without any duress, undue influence, coercion or promise of benefit,except as expressly set forth herein. 5.19 Entire Agreement A-6 Y s PART 5 EXCEPTIONS Instructions To Ouoters: 5.1 The Quoter shall fully state each exception taken to the Specifications or other Contract Documents in Section 5.3 of this Part. 5.2 Quoter is cautioned that any exception taken by Quoter and deemed by OWNER to be a material qualification or variance from the terms of the Contract Documents may result in this Quote being rejected as non-responsive. 5.3 Exceptions: N VK0 QUOTE-6 I , QUOTER'S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Quoters: This form shall be utilized by all Quoters. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized. Project: Illinois Street Wall Repair Proposal For Construction of: Installation of a concrete footer below a precast wall while suspending the wall above the proposed footer. Date: I- 0 - 11 To: City of Carmel, Indiana, Board of Public Works and Safety QUOTE-1 PART I QUOTER INFORMATION (Print) 1.1 Quoter Name: _Aµk U e.R U4 JA Y n.14 ev 1.2 Quoter Address: Street Address: 9 q p S I OO o City: t\rJD 2& J State: I rsi Zip: 460' `) Phone: 16g - 318-518 3 Fax: -16S- 1.3 Quoter is a/an[mark one] Individual Partnership ' Indiana Corporation Foreign (Out of State)Corporation; State: Joint Venture Other 1.4 [The following must be answered if the Quoter or any of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City of Carmel, Indiana,foreign corporations must register with the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General's Opinion #2, dated January 23, 1958.] .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: QUOTE-2 PART 2 QUOTE PROPOSAL 1 2.1 Base Quote The undersigned Quoter : oposes to furnis all necessary labor, machinery, tools, apparatus, materials, equipme service and . er necessary supplies, and to perform and fulfill all obligations incident t' -reto in s ct accordance with and within the time(s) provided by the terms and conditio of - Contract Documents for the above described Work and Project, including any and . 1 , I denda thereto, for the Unit Prices applicable to the Contract Items as stated in Part hereof, which Unit Prices, when multiplied by estimated unit quantities for such Co Items, total: Base Quote: Dollars ($ ). 2.2 General The Quoter acknowledges that evaluation of the to st Quote shall be based on the total of the Base and selected Alternate Quotes. The Quoter acknowledges that the Owner reserves the right to award the Contract for the Base Quote alone, for the Base Quote plus Alternate Quote A or for the Base Quote plus Alternate Quote B. The Quoter further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Quote evaluation and Contract award, and are not to be construed as exact or binding. The Quoter 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. QUOTE-3 PART 4 CONTRACT DOCUMENTS AND ADDENDA 4.1 The Quoter agrees to be bound by the terms and provisions of all Contract Documents as defined in the Standard General Conditions and incorporates such Contract Documents herein by reference. 4.2 The Quoter acknowledges receipt of the following addenda: ADDENDUM NUMBER DATE I � /- 3- ( / QUOTE-5 Page 9 of 9 QUOTE PROPOSAL SUMMARY PAGE Complete the following information and place as the cover page to your quote packet. Insert all documents into an envelope with project name and your company name clearly marked on the outside. Seal the envelope. The prices indicated on this sheet shall be read aloud during the quote opening and shall match the prices indicated in Part 2 of the Quoters Itemized Proposal and Declarations. Company: Project Name: Illinois Street Wall Repair Date Submitted: i q - a,O i l Base Quote Amount: INSTRUCTIONS TO OUOTERS City of Cannel OWNER: City of Carmel by and through its Board of Public Works and Safety Project/Work: Illinois Street Wall Repair Owner's Representative: Mike McBride, City Engineer One Civic Square Carmel, IN 46032 Prepared By: CrossRoad Engineers P.C. 3417 Sherman Drive Beech Grove,In 46107 1. GENERAL 1.1. Submission of a Quote shall constitute an unconditional Agreement and acknowledgment by the Quoter to be bound by all terms and conditions set forth herein and in any of the Documents assembled or referred to in the bound Project Manual of which these Instructions To Quoters are a part. 1.2. Sample forms are included in the Project Manual to acquaint Quoters with the form and provisions of various Quote Documents and other Documentation required by the Contract Documents to be executed, completed and submitted by some or all Quoters, either as part of a Quote Submission or after the Quote Date. Such sample forms are not to be detached from the Project Manual, or filled out or executed. Separate copies of such forms and any other required Documentation prescribed by the Contract Documents have been or will be furnished separately by the OWNER and must be obtained directly from the Department of Engineering, One Civic Square, First Floor, Cannel, Indiana 46032. 1.3. Instructions and requirements printed on any sample form included in the Project Manual or any form not so included but required to be completed, signed or furnished by a Quoter as part of a Quote Submission or after receipt and opening of Quotes shall be deemed requirements established by these Instructions To Quoters to the same extent as if fully restated herein. 1.4. All communications for the administration of the Contract shall be as set forth in the General Conditions and, in general, shall be through the City of Cannel, Department of Engineering. 1.5. The Unit Cost Schedule included as "Part 3" in Section 5.3.1 hereof is to be completed for the Project Quote. 1.6. The selected contractor shall coordinate work with the City of Carmel and Crossroad Engineers. No work shall take place after 7:00 PM in the evening to the following ITQ-1 morning at 7:00 AM or on Sundays unless prior approval is obtained from the City or the Engineer. The selected contractor shall have the improvements substantially completed within 10 calendar days of a Notice to Proceed. Substantial completion shall include restoration grading. If lawn restoration cannot be completed within substantial completed as soon as feasible and achievable within specification or at Engineers/City of Carmel's direction. Retainage held will be release upon full completion of any remaining temperature sensitive work and acceptance of the completed project. 2. DEFINITIONS The following definitions shall apply to these Instructions To Quoters(ITQ): 2.1. Quoter-Any person or entity who submits a Quote. 2.2. Quote - A written proposal submitted by a Quoter as part of the form prescribed herein offering to perform and complete the Work and to fulfill all other requirements of the Contract Documents for one or more specified prices. 2.3. Quote Documents - All Documents and completed forms required to be submitted by a Quoter with and as integral parts of a Quote Submission, whether or not included as sample forms assembled in the Project Manual of which these Instructions To Quoters are a part. Such Quote Documents are listed and more fully described in ITQ Section 5.3 hereof. 2.4. Quote Date - The date when Quotes are to be received, opened and publicly read aloud as established by the Notice To Quoters as may be modified by Addenda. 2.5. Quote Submission - All Documents presented by a Quoter for receipt and opening on the Quote Date. 2.6. Contract Documents - The Agreement and any exhibits thereto (sometimes referred to as "Contract"), Addenda(which pertain to the Contract Documents), Instructions to Quoters, Advertisement, Notice to Quoters, Contractor's Quote (including Documentation accompanying the Quote and any post-Quote Documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the Standard General Conditions, the Additional Requirements Section, any supplemental conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement. 2.7. ENGINEER - The City of Cannel, acting by and through its Board of Public Works and Safety. 2.8. OWNER - The City of Cannel acting by and through its Board of Public Works and Safety and the Department of Engineering. 2.9. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. ITQ-2 2.10. Project Manual - The bound set of Documents, sample forms, and Contract Documents (excluding plans and Addenda) approved by the OWNER for the Work and/or Project described in the Notice To Quoters and of which these Instructions To Quoters are a part. 2.11. Standard General Conditions - City of Carmel Standard General Conditions for Construction Contracts, 1997. 2.12. Work - The entire construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work is the result and product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. In all other respects, terms used herein shall have the meanings as stated in the Standard General Conditions or other Contract Documents. 3. EXAMINATION OF SITE AND DOCUMENTS 3.1. Before the Quote Date, all Quoters shall carefully and thoroughly examine and inspect the entire site of the proposed Work and adjacent premises and the various means of approach and access thereto by means of a site inspection visit, and make all necessary investigations to inform themselves thoroughly as to the facilities necessary for delivering, placing and operating the necessary construction equipment, and for delivering and handling materials at the site, and shall inform themselves thoroughly as to any and all actual or potential difficulties, hindrances, delays and constraints involved in the commencement, prosecution and completion of the proposed Work in accordance with the requirements of the Contract Documents. 3.2. It shall be the sole responsibility of Quoters to make borings,test pits and to conduct such other investigations at or near the site of the proposed Work as they deem necessary to determine the character, location and amount of materials to be encountered or other subsurface conditions which could affect the manner, cost or time required to perform the Work. 3.3. Quoters shall carefully and thoroughly examine the plans, specifications and other Contract Documents and/or Project Manual as available in the locations stated in the Notice to Quoters and shall assume the full risk of their own judgments as to the nature, quality and amount of the whole of the Work to be done, and for the price Quote must assume all risk of any and all variances or errors in any computation or statement of amounts or quantities necessary to complete the Work in strict compliance with the Contract Documents. 3.4. Elevations of the existing ground surface or structures at the site of the Work as shown on the plans are believed to be reasonably correct, but are not guaranteed to be absolutely so and are presented only as an approximation. Quoters shall satisfy themselves as to the correctness of all elevations. 3.5. Information stated or depicted on plans concerning the location, dimensions, depth and other characteristics of underground structures and utilities is given only as general information and shall not be construed or relied upon by Quoters as a representation or ITQ-3 assurance that such structures or utilities will be found or encountered as plotted, or that such information is complete or accurate. Quoters, therefore, shall satisfy themselves by such means as they may deem proper as to the location of all structures and utilities that may be encountered in construction of the Work and shall bear the risk of the number, type, location, dimensions and depth of all structures and utilities thus encountered. 4. CLARIFICATIONS AND ADDENDA 4.1. If a Quoter finds conflicts,errors,discrepancies or ambiguities in the Contract Documents or any sample form, or if the Quoter is in doubt as to the intended meaning of any portion or provision therein, the Quoter shall at once give written notice thereof to the OWNER's Representative, at least seven (7) consecutive calendar days prior to the Quote Date. No Quoter shall be allowed any extra compensation or time extension by reason of any conflict, error, discrepancy or ambiguity of which the Quoter had actual knowledge or reasonably should have known and which he/she failed to report within the period and in the manner required by these Instructions To Quoters. 4.2. No material changes, clarifications or interpretations of the Contract Documents will be issued except by written or graphic Addenda mailed or delivered to record holders of Contract Documents not less than three (3) calendar days prior to the Quote Date. All such Addenda must be acknowledged by the Quoter and will become a part of the Contract Documents. The OWNER will not be responsible for or bound by any oral or written interpretations or clarifications of the Contract Documents which anyone presumes to make on its behalf, except by an Addendum issued in accordance with this Section. 5. QUOTE SUBMISSION 5.1. All Quote Documents shall be placed within a sealed envelope which shall be plainly labeled on the outside with the words "ILLINOIS STREET WALL REPAIR" on the lower left-hand corner as indicated on the Notice to Quoters and also include the name and address of the Quoter on the envelope. If forwarded by mail, the sealed envelope must be enclosed in another envelope addressed to: City of Carmel, Clerk-Treasurer's Office, One Civic Square, Carmel, Indiana 46032. 5.2. All Quote Documents as herein prescribed must be submitted with, and as integral parts of, each Quote Submission and shall be subject to all requirements of the Contract Documents, including drawings and these Instructions To Quoters. Quote Documents must be properly filled in and completed in every material respect and without interlineations, excisions, special conditions, qualifications or exceptions. Each Quote Document requiring a signature shall be signed by an individual duly authorized to execute such Document on Quoter's behalf. A Quote executed by a corporation, joint venture, or other entity with an assumed name shall have the legal and correct name thereof followed by the word "by" and the signature and title of the officer or other person authorized to sign for it and a corporate resolution or similar document authorizing such officer to bind the entity. 5.3. The Quote Documents to be thus submitted by each Quoter shall consist of both of the following(5.3.1, 5.3.2): ITQ-4 I 5.3.1. Ouoter's Itemized Proposal and Declarations. A sample of this form is included in the Project Manual and must be utilized by all Quoters. Such Document includes and consists of the following constituent"Parts": "Part 1 - Quoter Information" "Part 2- Proposal (Quote)" "Part 3 - Contract Items and Unit Prices" "Part 4- Contract Documents and Addenda" "Part 5 - Exceptions" "Part 6 Financial Statement"Financial Statement not required for this project. "Part 7- Additional Declarations" "Part 8- Non-Collusion Affidavit" "Part 9- Signatures" . . . e . . - . _ . . . e . . - ! . _ • - -• - -- . ., .. . .. • - - • - - ■ - • • - • S - - • . . - . -- • •. e - - • • •_. • . e . . - : . . . .. _ e . . - . - . • • - - • - • "- " • , • aeeepted. Quote Security is not required for this project. 5.4. Quotes may be withdrawn in person by a Quoter during normal hours of business prior to the time fixed for opening of Quotes. In the event of a valid withdrawal of a Quote, the Quote Security of the withdrawing Quoter will be returned promptly. No Quote may be withdrawn after opening of Quotes has commenced except after expiration of such period following the Quote Date as is specifically provided in the Notice to Quoters or as otherwise governed by law, plus any extension thereof as provided elsewhere in these Instructions To Quoters. 5.5. Quotes will be received at the office of the City of Carmel Clerk Treasurer, One Civic Square, Carmel, Indiana(City Hall)anytime prior to, and no later than 10:00 a.m., local time, January 19, 2011. Quotes received after that time will be returned unopened. All Quotes will be stamped showing the date and time received. ITQ-5 • 6. POST-QUOTE REQUIREMENTS Within three (3) business days of notification by OWNER, the apparent lowest responsive Quoter will be required to submit additional Documents and satisfy additional requirements as conditions to such Quoter being found by the OWNER to be a responsible Quoter,as follows: 6.1. Proof of Insurability. The Quoter shall furnish: (1) proof of insurance showing existing coverage in accordance with the terms and amounts stated in the General Conditions, or (2) a letter or statement certifying that, in the event that the Quote is awarded by the OWNER, an insurance company will provide the required coverage to the Quoter submitting the Quote. Such proof of insurance or the letter/statement shall be issued by a financially responsible insurance company authorized to do business in the State of Indiana. 6.2. Surety Letter of Intent. The Quoter shall furnish a written statement or letter from a Surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of "Surety Companies Acceptable on Federal Bonds", as published in U.S. Treasury Department Circular No. 570 which assures the OWNER that, in the event the Quote is accepted and a Contract is awarded by OWNER, said Surety will execute and deliver both a Performance Bond and Payment Bond as required by the Contract Documents. 6.3. Joint Venture Agreement. If the Quoter is a joint venture, partnership or other combination of two or more persons or entities, the Quoter shall submit a copy of the joint venture or other Agreement by which such joint venture, partnership or other association has been formed, executed by all such participating persons or entities. If the Quote is signed by less than all parties that comprise the Quoter, suitable written evidence of the authority of such signing party to bind all such parties must also be furnished. 6.4. Manufacturers List. The Quoter shall submit a completed Manufacturers list on the form provided in these Quote Documents. 6.5. Subcontractors List. The Quoter shall submit a completed Subcontractors list on the form provided in these Quote Documents. 7. QUOTE EVALUATION AND AWARD 7.1. Award of the Contract will be made to the lowest, most responsive and most responsible Quoter where the Quote is reasonable and does not exceed the funds available for the Project. The OWNER reserves the right to reject all Quotes and may waive or allow a Quoter to correct errors, omissions or other irregularities in Quote Documents that are found not to have afforded the Quoter a substantial competitive advantage over other Quoters. 7.2. The OWNER shall have the right to reject any Quote if investigation of the Quoter fails to satisfy the OWNER that such Quoter is properly qualified to carry out the obligations and complete the Work. Any or all Quotes will be rejected if there is reason to believe that collusion exists among Quoters. ITQ-6 r 7.3. For Contract Items and Unit Price, estimated quantities and unit prices will serve as the basis for determining the proposed price of each Quote. Patent math errors in statements of Unit Prices or Totals may be corrected by the OWNER or ENGINEER, in which case the corrected amounts will be used for the purpose of Quote evaluation, comparison and other award considerations. However, neither the OWNER nor the ENGINEER shall be required to discover or correct any error or omission in a Quote and the Quoter shall assume the risk of and be bound to the consequences of any such error or omission. 7.4. The OWNER may, at its sole option, award the Contract to a Quoter on a conditional basis to afford the Quoter additional time and opportunity to submit required Documents or to fulfill other requirements. In such case, the OWNER will furnish to the Quoter a notice of conditional award which will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be satisfied. If the Quoter fails to satisfy the conditions in the manner and within the time specified in such notice, the OWNER may declare such Quoter to be non- responsive and award the Contract, conditionally or unconditionally, to another Quoter. Time limitations governing the OWNER's award of the Contract shall be extended for such additional period as may be required to effectuate the conditional award procedure set forth in this sub-section, and no Quote may be withdrawn during such period of extension. 8. CONTRACT EXECUTION; SUBMITTALS 8.1. Within three (3)business days after the award notice, the successful Quoter shall sign and deliver at least five (5) counterparts of the Agreement, utilizing the form thereof included in the Project Manual and make delivery thereof to the OWNER, along with other Documents as prescribed by the Contract Documents. After execution and delivery of the Agreement and other required Documents, and acceptance thereof by the OWNER, the Quote Security furnished by each Quoter will be returned to the respective Quoters upon request. 8.2. If the Quoter fails or neglects to execute and deliver the Agreement and other required Documents as prescribed by the preceding sub-section, the Quoter shall be deemed to have repudiated the Contract and thereupon the award shall be null and void; and the Quote Security provided by the Quoter shall be forfeited to and retained by the OWNER as liquidated damages for such failure of the Quoter to execute the Contract, it being understood and agreed that the character and amount of actual damages sustained by the OWNER cannot reliably be ascertained and measured and that the amount of the Quote Security is intended as a reasonable prospective estimate of such actual damages. 8.3. Concurrently with the execution and delivery of the Agreement to the OWNER,or within such other period as the OWNER may prescribe, the successful Quoter (CONTRACTOR) shall submit the following as conditions to the Quoter's right to proceed with and receive payment for any Work: 8.3.1. A complete list of all Subcontractors to be used on the Work; 8.3.2. A $25,000.00 Performance Bond Per City Code 2-183, a one hundred percent (100%) Payment Bond and a ten percent (10%) Maintenance Bond as prescribed ITQ-7