HomeMy WebLinkAboutHarding Group/Street/3,678,832/2016 Paving ProjectHarding Group, Inc.
Street Department - 2016
Appropriation 943-502.00; P.O. #33509
Contract Not To Exceed $3,678,832.30
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES �A°s
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 Harding Group, Inc. 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 43-502.00 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
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 Three Million Six Hundred Seventy Eight Thousand Eight Hundred Thirty Two
Dollars and Thirty Cents ($3,678,832.30) (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 Street Department Bid Proposal Package for "2016 Paving Project" received by the City of
Carmel Board of Public Works and Safety on or about March 16, 2016 and as amended on March
30, 2016, 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.
[XXontracts\ProfSm & Goods SvcslStreet12016T.E. Harding Asphalt Compmdcs Goods & Seniccs FORM - WrM E -Verify Languagc.doc:5/5/2016 11:07 AMI
Harding Group, Inc.
Street Department - 2016
Appropriation #43-502.00; P.O. #33509
Contract Not To Exceed $3,678,832.30
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.
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.
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.
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.
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.
[X:\Contracts\Prof.Svcs & Goods Svcs\Street\2016\F.E. Harding Asphalt Companies Goods & Services FORM -WITH E-Vcrify Iangmgc.doc:5/5/2016 11:07 AM]
Harding Group, Inc.
Street Department - 2016
Appropriation #43-502.00; P.O. #33509
Contract Not To Exceed $3,678,832.30
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., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E -Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E -Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if
no,timely cure is performed., terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E -
Verify program cease to exist.
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
[XAContmctslFrof.Svcs & Goods SvcslStree1120161F.E. Harding Asphalt Companies Goods & Services FORM - WITH E -Verify Language.doc:5/5/2016 11:03 Anil
Harding Group, Inc.
Street Department - 2016
Appropriation #43-502.00; P.O. #33509
Contract Not To Exceed $3,678,832.30
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,
One Civic Square Corporation Counsel
Carmel, Indiana 46032 Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: F.E. Harding Asphalt Companies
10151 Hague Road
Indianapolis, Indiana 46256
ATTENTION: Rob Samples
(317)849-9666
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.
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.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
]XAContmctsTwf.Sm & Goods SvcslSlrcet@0161F.E. Harding Asphalt Companies Goods & Semites FORM - WCfH E -Verify Ianguage.doc:5/512016 11:03 AM]
Harding Group, Inc.
Street Department - 2016
Appropriation #43-502.00; P.O. #33509
Contract Not To Exceed $3,678,832.30
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, 2016 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.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document;
it does not engage in investment activities within the Country of Iran.
27. 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.
28. 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.
1XAContmcts\Prof SYes & Goods Svcs\StreetU0161F.E. Harding Asphalt Companies Goods &. Services FORM -WITH E -Verify langwge.dx:5/512016 11:03 AM]
Harding Group, Inc.
Street Department - 2016
Appropriation #43-502.00; P.O. #33509
Contract Not To Exceed $3,678,832.30
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
mes Brainard, Presiding Officer
Mary AVn Burke,111 mbe_ /�
Date-./(� /
Lori S. Watson, Member
Date:
ATTW:
Q
- hilstine S. P4 VylIrk-
Date:
Harding Group, Inc.
By:
Authorized Signature
Henri is a
Pr' ted Name
k -t iknt
Title
FID/TIN: 35135 — Ig39 ali
Last Four of SSN if Sole Proprietor:
Date: 5-11-1 LP
jX:\Conhacts\ProfSvcs & Goods Svcs\Strect\2016\F.E. Harding Asphalt Compania Goods & Services FORM - WITH E -Verify Langoagc.doc:5/5/2016 11:03 AM]
u
Project N-
2016 PAVING PROGRAM
Bid Dates Matdt 16.2015
Substm ai Cmnplaliml Dale: August 9, 2016
Final Completion Date:
BID TABULATION SHEET
TOTAL tJ
AMOUNT. 6 -
ff 3, (675,
ITEM
DESCRIPTION
AETarAE1SOTAC
UNIT
GAL
QUANTITYtUNrrPIUCEtAMMOUNT1
30.00D
3.06
2
BST BSuatars
TON
41.002
55.72
3
T CSudaoe
TON
SDO
59.47
4
Bad cuUmmoved Ptu 6" d
Yd
1.880
97.50
6
efb xiff
Yd
428.457
S
0.75
8
Ehm Rermclem
FA
ISO
i
152001s
27 8.00
7
4" Yellaw Cmsshatch
LF.
43
S
215 S
8245
=0 -LF._
1.45 ---"--Z----
8 -'--
M270
9
4" Solid Yellow 3 4" Skto Ydknv
L.F.
26,478
S
0.38 f
9,080.88
10
17YellowCrosshsteh
LF.
391
S
220 S
B80.20
11
4" soca Brokan White Line
LF.
12,381
S
0.42 S
5.200.02
12
24"YWdLina
LF.
0
f
13
Shads Teath
FA I
80
S
26.001$
2.080.00
14
C rmelAc=5Blkawa CAB inlays
FA
0
Is
15
6"VQJl9CmumOc
L.F.
Sao
S
1.10 S
976.60
16
24"Whits Sfopbm
LF.
2,100
S
4.37 S
9177.OD
17
LeneindleatarAumn
EA.
31
S
83.00 f
2573.00
16
•O ¢
EA.
60
f
113.00 S
5650.00
19
24" Whla Piano
L.F.
1,480
S
4.37 S
8,380.20
20
lRoundalmAArrom
FA.
9
S
249.00 S
1494.00
21
ISchoor
FA
0
S
22
IVMto"letters"PED-RING
E4.
0
S
23
8"Solid WhiteUna
LF.
210
S
1.4S $
304.50
24
6" Salkl White Una -
LF.
2,178
S
8.65 f
1,197.90
25
8'Yellow Crosshatch
LF.
62
S
1.45 S
89.90
28
24"Ye1lowCrosshatch
LF.
0
f
27
W While Crosshatch
L.F. I
9
S
28
12" WNIe Crosshatch
L.F.
79.
S
220 S
173.80
29
CombInaOonArmw
EA.
0
f
166.00 S
998.00
30
4-W White Dash
LF.
100
S
200 S
200.00
31
6-4' Whla Daih
LF.
100
S
2.60 S
250.00
32
4" White Padkkkq "T"
LF.
60
S
9.15 S
73ZOD
33
1811ko Path Arrow
E4.
10
S
52.00 S
520.00
34
181kePathSlymbol
EA.
10
S
83.0013
850.00
35
IPCCP PaWFun DepUL MiNmum 101Modirmd
SYS
8
S
36
1DeWra0V& Conemle Border. l8" Width
LFT 1
0
S
37
JPCCP Decomlive Paver Base wOMulltokm W Pavers
SYS 1
0
S
38
38
lcimmclad Apgragale Baas. 053 6"Streat Panel Base
JL06
TON
FA
460
12
3
S
4211 S
116.23 $
10 949.50
1394.76
40
MaM=r=DITmfnc
LS
0
S
41
42 .
SectlanCOmererMon umants, Undistributed
Concrete Curb Replacarnent Rog Curb
FA
LF.
0
6,000
S
$
52.83 S
315 780.00
43
Chaltbaek Curb
LF.
2.000
S
64.74 $
109480.00
44
Strael Panels
SCL YCLI
1.800
S
58.95 S
108110.00
46
Candum1% perCmYd.
S
48
Rgh Earl1% Cu. Yd.
g
47
1ADA Ramp
EA
25
S
631.58 S
15789.50
48
141 Wide Sidewalk
LFT
200
$
27.37 S
5.474.00
49
Greater think 4Wile Sklewalk
S . Yd.
10
S
57.69 S
570.90
50
Aria Dlstrtet Sda Sidewalk Repair
SiFL
8.000
S
21.70 S
130200.00
61_ _ Sald Caricrela Word Repair (Carmal Drat Old Mwldlan
- : Yd. ---0
%-
s-94.74-
-94.74.52
52
Grand/ Old Mwkbn Buck Street Paver In RAB
. Yd.
280
S
244.21 S
68.378.80
TOTALS
S 3,67DAi2.30
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C7
2016 ROADS FOR PAVING Update 3/30/16
Total to be Paved I I I I I I I TOTAL 141,2731 1431,2671
*Cherry Ridge rd add 46 tons for Eye Brow *ALL CUL-DE-SACS HAVE 46 TONS ADDED.
0
EXHIBIT B
Invoice
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
Goods
Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products -completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50;000
Comprehensive Auto Liability (owned, hired and non -owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
EXHIBIT'D
AFFIDAVIT
J.J. GIRT
being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
I. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
HARDING GROUP, INC. (the "Employer")
in the position of HUMAN RESOURCES DIRECTOR
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer..
4. The Employer is enrolled and participates in the fcderal E -Verify program. Documentation
of this enrollment and participation is attached and incorporated herein.
5. The Employer does not knowingly employ any unauthorized aliens.
6. To the best of my information and belief, the Employer does not currently employ any
unauthorized aliens.
7. FURTHER AFFIANT SAYETH NOT.
EXECUTED on the - 8TH day of MARCH , 20L-1 6
Printed:.I.,I_ GIRT
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and repre ntations are true and correct.
Printed: J.J. GIRT
`W� bEC4'-'r=-VerifV-
Company ID Number: 729802
To be accepted as a participant in E -Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E -Verify at 888-464-4218.
Employer F.E. HARDING ASPHALT COMPANIES
Catherine J Strawm er
Name (Please Type or Print)
Electronically Signed
Signature
Title
11/21/2013
Date
Department of Homeland Security — Verification Division
SCIS Verification Division
Name (Please Type or Print)
Electronically Signed
Title
12/20/2013
Signature
Date
Information Required for the E -Verify Program
Information relating to your Company:
Company Name:F.E.
HARDING ASPHALT COMPANIES
Company Facility Address:
10151 HAGUE ROAD
INDIANAPOLIS, IN 46256
Company Alternate
Address:
County or Parish:
MARION
Employer Identification
Number:
351938298
Page 12 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify
SECV
.- Veri F ��ca�NYl�ii�o
Company ID Number: 729802
North American Industry
Classification Systems
Code:
238
Administrator:
Number of Employees:
100 to 499
Number of Sites Verified
for:
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for
in each State:
INDIANA 2 site(s)
Information relating to the Program Administrator(s) for your Company on policy
questions or operational problems:
Name: Catherine J Strawmyer
Telephone Number: (317) 558 - 3469 Fax Number: (317) 570 - 4317
E-mail Address: cstrawmyer@hardingasphalt.com
Page 13 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify
ityofCarmelCERTIFICATE
11\L l""Im RG
1/11LIN/� CAGIYIf' 1
NO. 003120155 002 0
PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT
33509
ONE CIVIC SQUARE
35-6000972
THIS NUMBER MUST APPEAR ON INVOICES, AM
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
VOUCHER, DELIVERY MEMO, PACKING SUPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE
DATE REQUIRED
REQUISITION NO. I
VENDOR NO.
DESCRIPTION
4/25/2016
368798
HARDING MATERIAL INC
Street Department
VENDOR 10151 HAGUE ROAD
SHIP 3400 W. 131stStreet
TO Carmel, IN 46074 -
INDIANAPOLIS, IN 46256 -
(317) 733-2001
PURCHASE ID
BLANKET CONTRACT-
PAYMENT TERMS
FREIGHT
4280
QUANTITY
UNIT OF MEASURE
DESCRIPTION
UNIT PRICE EXTENSION
Department: 2201
1 Each
Send Invoice To:
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Account: 43-502.00
2016 Paving Project
Fund: 201 Motor Vehicle Highway FND
3,678,832.30 $3,678,832.30
Sub Total $3,678,832.30
f7
--., -� € �... - 3
j �.4
y_ 1
(317) 733-2001 PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT AMOUNT
PAYMENT $3,678,832.30
SHIPPING INSTRUCTIONS 'AIP 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
'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
•C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
,I
TITLE
CONTROL NO. 33509 CLERK -TREASURER
Mr. Dave Huffman, Director
Carmel Street Department
City of Carmel
3400 West Main Street
Carmel, IN 46674
RE: 2016 Paving Program
Street & Quantity Revision Approval
Dear Mn Huffman,
We have reviewed the changes noted on the street list and quantity list sheets. We
acknowledge and approve these changes utilizing the unit prices in our original bid documents
Copies of the revised documents are attached.
Respectfully,
Dennis Ward
President
Attachments — 2
Cc_ Rob Samples
Trent Sokol
Corporate Office
10151 Hague Road
Indianapolis, IN 46256
Phone: 317-849-9666
7M ry
Fac 317-570-4317
Asphalt Plants
r�5145
cs-a' 2r
E. 96th Street
Indianapolis, IN 46240
Phone: 317-946-7401
1100 South Tibbs Ave.
Indianapolis, IN
Phone: 317-5364364
April 7, 2016 _ -
Mr. Dave Huffman, Director
Carmel Street Department
City of Carmel
3400 West Main Street
Carmel, IN 46674
RE: 2016 Paving Program
Street & Quantity Revision Approval
Dear Mn Huffman,
We have reviewed the changes noted on the street list and quantity list sheets. We
acknowledge and approve these changes utilizing the unit prices in our original bid documents
Copies of the revised documents are attached.
Respectfully,
Dennis Ward
President
Attachments — 2
Cc_ Rob Samples
Trent Sokol
April 15, 2016
Board of Public Works
City of Carmel
One Civic Square
Carmel, IN 46032
Dear Board Members:
At the March 16, 2016, Board of Public Works and Safety meeting, the Board opened the timely
submitted bids for the City's 2016 Paving Project ("Project"). The lowest bid was higher than what the
City had budgeted for the Project. That, coupled with the removal of some streets from the project due
to construction conflicts, led the Street Department to reduce the material quantities for the project. By
lowering the quantities requested in the Project bid to reflect the City's current paving needs, the bids
come in at or under the City's allotted budget. The lowest bidder, F.E. Harding Group, has agreed to
honor the bid unit prices that were in their original bid, despite the reduction in quantity ordered
(please see the letter, attached hereto). The Street Department would like to accept the Harding Group
bid at the lower quantity without re -bidding the Project. This is permitted under State law.
IC 5-22-7-11 states that the following actions are not permitted after the public bid opening: the
changing of bid prices and/or other provisions of bids prejudicial to the interest of the governmental
body or fair competition. Because the Harding Group has agreed to keep its unit prices the same as in
their original bid, despite the reduction in quantity ordered, there is no actual change in bid price,
despite the reduction of overall cost. It is not prejudicial to fair competition, because the other bidders
came in with higher per unit prices than the Harding Group. If anything, the other per unit bid prices
would most likely increase, given that the City is now ordering a lower quantity than what was originally
bid. It is in'the City's best interest and within the parameters of Indiana law to accept the Harding
Group per unit bid with lower quantities ordered without re -bidding the Project.
Best regards,
n Oberlander
Senior Assistant City Attorney
City of Carmel
One Carmel Ciyic_S_quar_e_
Carmel, IN 46032
CONTRACT CHECKLIST
Department: Carmel Street Department
Department Head or designee and telephone number: David Huffman: 317-733-2001
, IM ��nL-
Vendor name, contact, telephone/ fax numbers and address: ,
Request BPW Date: ASAP Contract Type:
g39 -13v
1
✓I
a. Materials (supplies, equipment, etc)
b. Service (consulting, training, etc)
3Public Works projects subject to
formal bid package/ procedures
Date and Initials
E'-�'o�D%� D.H. 1. Contract approved as to business terms by Department Director and/or designee
Ei-reef oepavi a
2. ���` ��� a. Line Item and Major Budget Classification, or
b. Request Board Approval on condition precedent that sufficient funds are
appropriated (for Service Contracts Only).
3. Original of contract and this checklist to BPW Secretary
4. Contract approved as to form by DOL
5. Contract returned to sponsoring Department (to obtain vendor's signatures)
6. Signed contract submitted to BPW Secretary for placement on BPW Agenda
7. BPW consideration:
Approved
Disapproved
Received
05-04-1 of Caramel 4 R C V D
Depadme0 dLaw
BIDDER INFORMATION
(Please Type or Print)
1.1 Bidder Name: Harding Group, Inc.
1.2 Bidder Address: Address: 10151 Hague Road
City: Indianapolis State: M Zip:46256
Phone #: ( 317 ) 849-9666_ Fax #: (317 ) 570-5317_
1.3 Bidder is a/an [mark one]:
Individual Partnership X Indiana Corporation;
Foreign (Out of State) Corporation; State:
Joint Venture Other:
1.4 [The following must be answered if the Bidder 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: Harding Group, Inc.
.2 Address: 10151 Hague Road
.3 Date registered with State of Indiana: 12-2-1994
.4 Indiana Registered Agent: D. Michael Harding
Name: D. Michael Harding
Address: 10151 Hague Road, Indianapolis, IN 46256
PART 2
BID PROPOSAL,
2.1 Proiect 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 project, including any and all addenda thereto, for the total sum of
Four Million Twenty Nine Thousand Two Hundred Ninety Six Dollars and 96
cent Dollars ($4.029.296.96 ). The Bidder acknowledges that evaluation
of the lowest Bid shall be based on such price. The Bidder further understands that
all work which may result on the Contract shall be compensated for on a lump sum
basis and that the OWNER cannot and does not guarantee the amount or quantity of
any item of work to be performed or furnished under the Agreement.
BID TABULATION SHEET
Project Name: 2016 PAVING PROGRAM
Bid Date: March 16, 2016 TOTAL
Substantial Completion Date: August 8, 2016 AMOUNT: $4,029,296.96
Final Completion Date:
ITEM #
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
AMOUNT
1
AET or AE 150 TAC
GAL
30,000
$
3.08
$
92,400.00
2
9.5 Type B Surface
TON
41,042
$
55.72
$
2,286,860.24
3
Type C Surface
TON
500
$
59.47
$
29,735.00
4
113adspots cuttremoved (Plunge milling 6" depth)
Sq. Yd.
1,000
$
97.50
$
97,500.00
5
Milling/ erimeter Milling
Sq. Yd.
428,467
$
0.75
$
321,350.25
6
Blue Reflectors
EA.
180
$
152.00
$
27,360.00
7
4" Yellow Crosshatch
L.F.
43
$
2.15
$
92.45
8
8" Solid Yellow
L.F.
1,526
$
1.45
$
2,212.70
9
4" Solid Yellow & 4" Skip Yellow
L.F.
25,476
$
0.38
$
9,680.88
10
12" Yellow Crosshatch
L.F.
391
$
2.20
$
860.20
11
4" Solid/ Broken White Line
L.F.
12,381
$
0.42
$
5,200.02
12
24" Yield Line
L.F.
0
$
13
Shark Teeth
EA.
80
$
26.00
$
2,080.00
14
Carmel Access Bikeway CAB .Inla s
EA.
0
$
-
15
6" White Crosswalk
L.F.
888
$
1.10
$
976.80
16
24" White Sto bars
L.F.
2,100
$
4.37
$
9,177.00
17
Lane Indicator Arrows
EA.
31
$
83.00
$
2,573.00
18
"Onl 's"
EA.
50
$
113.00
$
5,650.00
19
24" White Piano Keys
L.F.
1,460
$
4.37
$
6,380.20
20
Roundabout Arrows
EA.
6
$
249.00
$
1,494.00
21
"School"
EA.
0
$
-
22
White "letters" PED-XING
EA.
0
$
23
8" Solid White Line
L.F.
210
$
1.45
$
304.50
24
6" Solid White Line
L.F.
2,178
$
0.55
$
1,197.90
25
8" Yellow Crosshatch
L.F.
62
$
1.45
$
89.90
26
24" Yellow Crosshatch
L.F.
0
$
-
27
8" White Crosshatch
L.F.
0
$
28
12" White Crosshatch
L.F.
79
$
2.20
$
173.80
29
Combination Arrow
EA.
6
$
166.00
$
996.00
30
4"x2' White Dash
L.F.
100
$
2.00
$
200.00
31
6"x2' White Dash
L.F.
100
$
2.50
$
250.00
32
4" White Parkin "T"
L.F.
80
$
9.15
$
732.00
33
Bike Path Arrow
EA.
10
$
52.00
$
520.00
34
Bike Path Symbol
EA.
10
$
65.00
$
650.00
35
PCCP Patching, Full Depth, Minimum 10", Modified
SYS
0
$
-
36
Decorative Concrete Border, 18" Width
LFT
0
$
37
PCCP Decorative Paver Base w/Multi-colored Pavers
SYS
0
$
-
38
Compacted Aggregate Base, #53, 6"Street Panel Base
TON
450
$
42.11
$
18,949.50
39
Loos
EA.
12
$
116.23
$
1,394.76
40
Maintenance of Traffic
LS
0
$
-
41
Section Corner or Monuments, Undistributed
EA.
0
$
42
Concrete Curb Replacement Roll Curb)
L.F.
6,000
$
52.63
$
315,780.00
43
Chairback Curb
L.F.
2,000
$
54.74
$
109,480.00
44
Street Panels
Sq. Yd.
1,800
$
58.95
$
106,110.00
45
Calcium 1% per Cu. Yd.
$
-
46
High Earl 1% Cu. Yd.
$
-
47
ADA Ramp
EA.
25
$
631.58
$
15,789.50
48
4' Wide Sidewalk
LFT
200
$
27.37
$
5,474.00
49
1 Greater than 4' Wide Sidewalk
Sq. Yd.
10
$
57.89
$
578.90
50
Arts District Brick Sidewalk Repair
Sq. Ft.
6,000
$
21.70
$
130,200.00
51
Solid Concrete Island Repair Carmel Dr at Old Meridian)
Sq. Yd.
0
$
94.74
$
52
Grand/ Old Meridian Brick Street Paver in RAB
Sq. Yd.
280
$
244.21
$
68,378.80
TOTALS
1
1 $
3,678,832.30