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Home My WebLink AboutBid Packet,JAMES BRAINARD, MAYOR LETTER OF TRANSMITTAL Date: April 7, 2016 To: Jacob Quinn Clerk Treasurers Office From: Jeremy Kashman City Engineer Dept. of Engineering RE: Bid Packets for Project #16 -SW -02 Emerson Road Storm Sewer Reconstruction Jacob, enclosed please find four (4) bids for Project #16 -SW -02 Emerson Road Storm Sewer Reconstruction. Lowest bidder is first. Contractor Bid Yardberry Landscape $1,373,532.00 Atlas Excavating $1,638,426.00 Crider & Crider $1,659,000.00 Morphey Construction $1,938,294.00 Eagle Valley, Inc. $1,969,875.00 DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov To Mr. Jeremy Kashman, P.E. City of Carmel Engineering One Civic Square Carmel, IN 46032 WE ARE SENDING YOU Attached _ Shop _ Drawings _ Copy of _ Letter CROSSROAD ENGINEERS, P.C. 3417 S. Sherman Drive Beech Grove, IN 46107 Phone: 317-780-1555 Fax: 317-780-6525 LETTER OF TRANSMITTAL Date: Project: April 8, 2016 Emerson Road Storm Sewer Reconstruction & Carmel View Drainage Prints Samples Specifications Change Order Copies: Date: Description: 1 4-6-2016 Emerson Road Storm Sewer Reconstruction Original Bids 1 4-6-2016 Carmel View Drainage Improvements Original Bids THEY ARE TRANSMITTED AS CHECKED BELOW: For Approval Approved as submitted _ Resubmit _ blueline sets w/binder X For your use Approved as noted Resubmit _ Xerox sets w/binder X As requested Returned for corrections Return corrected prints For bids due 20 Remarks: please acknowledge the receipt of these materials by signing below. Transmitted A'�bk'� Received BID PROPOSAL SUMMARY PAGE Complete the following. iriformation and place as the cover page to your bid packet.. Insert all documents into an envelope with project name and your company name clearly marked on the outside. Seal the envelope. Company: Project Name: o S -A -b rSewerc Date Submitted: Base Bid Amount: Local Preference Law I am claiming Local Preference (Circle One) YES ONO (All required documentation will be required in.a post -bid submittal) PART 3 CONTRACT ITEMS AND UNIT PRICES [This Part to be used only for Bidding on Unit Price Contracts for the Contract Items shown] Base Bid Itemized Proposal 16-02 Emerson Road Storm Sewer Reconstruction STORM SEWER Item # Item Quantity Unit Unit Cost Total Cost 1 Mobilization / Demobilization, Storm Sewer 1 LS y 5 06, a� L45 OW, GE) 2 Maintenance of Traffic, Storm Sewer 1 LS Zy °92t 27. poo, o') 3 Clearing Right of Way, Storm Sewer 1 LS 7-0 ac) opo. 00 4 Curb Removal and Replacement, Storm Sewer 250 LFT oa q0 p .00 5 Sidewalk Remove and Replace, Storm Sewer 35 SYS �-�mo ga�S,(D 6 Curb Ramp Remove and Replace, Storm Sewer 21 SYS 2 Som' 5a5a op 7 Sign, Remove and Reset 4 EA 00 00 y 00. QD 8 Fence, Remove and Reset 72 LFT Zo 00 y(). DD 9 Remove and Reset, 3" Caliper Tree 437 Emerson Rd. 1 EA 00 35-0 10 PCCP for Drive Patching - 6" 170 SYS (jc OQ 11 Concrete Cap for Street Cut Repair - 12", Storm Sewer 320 SYS 77 �� ;A uLfacb 12 Flowable Fill for Street Cut Repair, Storm Sewer 325 CYS 0.0 l00 Cppp 13 HMA Surface, 9.5 mm, 1.5", Storm Sewer 50 TON 00 /70 . 00 14 HMA Intermediate, 19.0 mm, 2.5", Storm Sewer 10 TON /00040 L 15 Compacted Aggregate, No. 53 Stone 147 TON 7-600 0 16 Compacted Aggregate for Driveways 20 TON 3000 po 17 8" PVC 26 LFT 7-5 Q 4 b• o 18 12" RCP 939 LFT o �� U5. -73t>. Olb 19 15" RCP 414 LFT ')S `' 3o RDA oa 20 24" RCP 221 LFT gs 1�5. a0 21 30" RCP 523 LFT % f -cSa C2b''3.60 22 36" RCP 607 LFT 'Z6 - N), 00 23 Inlet, T e 'J'/'M' 14 EA 21500 3 u0. OD 24 Inlet, T e 'E' 2 EA 7,5-00 • • Q.00 (50 25 Inlet, T e 'B'/'C' 2 EA 2 4f Oo 26 Manhole, T e 'C' 16 EA ?j Zoo ° ° 15) �p,op 27 Manhole, T e 'J' 11 EA Soo ° °qj. goo, OD 28 Manhole, T e 'K' 4 EA (p coop ° a 00 29 Manhole, T e 'K, Doghouse 1 EA Coca o° o 5c�D 30 Stormwater Quality Unit 1 EA f800°0 35 &b,bb 31 Underground Detention System 1 LS 32 Mechanically Core Existing Structure Storm 2 EA ,b .2SOO 33 Structure Backfill for Storm Sewer 3544 CYS 26, "'0 mot, 34 Topsoil undistributed 762 CYS 41S'0 0 3 qb. oa 35 Mulched Seeding, Storm Sewer 4571 SYS Z Co ply 36 EC Measures 1 LS to/ °O0 ., loluW.oD 37 Flowable Fill for Existing Storm Sewer 40 CYS / Coo l.� Lko.00 38 Cap Existing Pipe, Storm Sewer 14 EA .30000 39 36" Red Valve CheckMate Slip -In Tideflex Inline Check Valve 1 EA oa p4O 3 cOD• ba 40 Existing Building Demolition 1 LS gO pQO Storm Sewer Subtotal 11 D 56vc SANITARY SEWER 41 Mobilization / Demobilization, Sanitary Sewer 1 LS �O O C)j 00O 42 Maintenance of Traffic, Sanitary Sewer 1 LS 1o9 3 000 3 to 43 Clearing Right of Way, Sanitary Sewer 1 LS o 0 /d o00 1 0. ()D 44 Curb Removal and Replacement,yO SanitarySewer 80 LFT o o o� 45 Sidewalk Remove and Replace,o SanitarySewer 4 SYS 0 to 46 Curb Ramp Remove and Replace, SanitarySewer 14 SYS Z 47 Concrete Cap for Street Cut Repair - 12", SanitarySewer 350 SYS 0 0 .?7 0� �Q� . D1) 48 Flowable Fill for Street Cut Repair, Sanitary Sewer 752 CYS �o Ila ru, 49 HMA Surface, 9.5 mm, 1.5", Sanitary Sewer 30 TON ZG� pp, 6-0 50 Sanitary Manhole, Type 1 1 EA 0-100 DD 51 Sanitary Manhole, Doghouse 1 EA -j96DZD 52 15" SDR 26 Sanitary Sewer (12'- 14', including backfill) 419 LFT a9 5 Cj�a•o� 53 Mechanically Core Existing Structure, Sanitary 1 EA ��" �Q CA 54 Cap Existing Pie 1 EA 3000 30o,oa Sanitary Sewer Subtotal Total Itemized Proposal 373 53a, eO BID -6 r BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS City'of Carmel Instructions To Bidders: This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately f lled in and completed and notarized. Project: Emerson Road Storm Sewer Reconstruction Project #16-02 Proposal For Construction of : The construction of •2,664 feet of proposed. storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and .replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at the downstream . outlet- of the proposed storm sewer reconstruction. Alsdincluded within the project will be 419 LFT of 15 -inch sanitary sewer relocation within Yd Ave. SW. Date: a_Wb To: City of Carmel, Indiana, Board of Public Works and Safety PART 1 BIDDER INFORMATION (Print). Lav -A5' 1.1 Bidder Name: .: 1.2 Bidder Address: Street Address:�RyCao N) City: State: Zip: CQ�I Phonelb J-6'�2 5-"7 d 3 Fax: 1.3 Bidder is a/an [mark one] Individual Partnership Foreign (Out.of State) Corporation; State: Joint Venture Other 1.4 Indiana Corporation . [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 oi 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,,I 1,9,58.]! 1 Corporation Name: .2 Address: GggD rc 1,000 Ar-0&�, P v q(,,2D17 .3 Date registered with State of Indiana: l .4 Indiana Registered Agent: Name: Address: M . PART 2 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to . furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof (Itemized Proposal), which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total Dollars ($ 4 3 )3r S32° ). 2.3 The .Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. The Bidder also 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. The Bidder further understands that a Contract will be awarded by evaluating the Base Bid if the Owner wishes to execute. Y ? PART 4 CONTRACT DOCUMENTS AND ADDENDA 4.1 The Bidder 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 Bidder acknowledges receipt of the following addenda: ADDENDUM NUMBER' DATE I PART 5 EXCEPTIONS Instructions To Bidders: 5.1 The Bidder shall fully state each exception taken to the Specifications or other Contract Documents in Section 5.3 of this Part. 5.2 Bidder is cautioned that any exception. taken by Bidder and deemed by OWNER to be a material qualification or variance. from the terms of the Contract Documents may result in this Bid being rejected as non-responsive. 5.3 Exceptions: BID -8 FART 6 FINANCIAL STATEMENT 6.1 Attachment of Bidder's financial statement is mandatory. 1iy Bid submitted without said financial statement as required by statute shall thereby be rendered invalid.. The financial statement provided hereunder to OWNER must be specific enough in detail so that OWNER can. make a proper determination of the Bidder's capability -for completing the Work/Project if awarded. Information on Bidder's company and financial statement shall be consistent with the information requested on the State Board of Accounts Forms #96a and # 102, entitled "Standard Questionnaires and Financial Statement for Bidders". i BID -9 l PART 7 ADDITIONAL DECLARATIONS 7.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of .Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions, or .privileges of employment or any matter directly or indirectly related to employment or. subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status- or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 7.2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and informed himself/herself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands. and. accepts the existing conditions. The Bidder further certifies that he/she has thoroughly reviewed. the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarifications concerning Contract Documents. BID -10 . PART 8 NON -COLLUSION 'AFFIDAVIT The individual person(s) executing this Bid Proposal, being first duly sworn, depose(s) and state(s) that the Bidder has not directly or indirectly entered into a combination, collusion,. undertaking or agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be bid by another person, or (ii) to prevent any person from bidding, or (iii) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any other bids and without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such bidding in any way or manner whatsoever. PART. 9 SIGNATURES [Signature by or on behalf of the Bidder in the spaces provided below shall constitute execution of each and every Part of this Itemized Proposal.and Declarations Document. SIGNATURE MUST BE PROPERLY-NOTARIZED.J Bidders Name Y& Written Signature: Printed Name: G Title: �W"/- IN Important - Notaty Signature and Seal Required in the Space Below STATE OF in- NOTMY REE SS: SM MADISON roUNT"X STATE. OF.MIDIANA COUNTY OF ! �/ MY COMMISSION EXPIRES NOVEMBER 08, 2821 COMMISSION No 64WM Subscribed and sworn to before me this �. /day of I GLVCA---.l 20 My commission expires: Residing in (Signed) / Printed:�� County, State of azQ BID -11 J POST BID SUBIVHTTAL SEE ITB SECTION 6.4 MANUFACTURERS LIST Instructions To Bidders: The Bidder shall enter, in the spaces provided below; the name of the manufacturer of. equipment that the Bidder proposes to furnish for each item -of equipment listed in the Manufacturers List, which follows. The Bidder shall enter the name of only one manufacturer for each listed equipment item. Failure to enter a manufacturer's name for each listed equipment item may render the Bid non-responsive if it is determined that such omission is material by affording -the Bidder a substantial advantage over other Bidders. Upon award of a contract, each listed equipment item shall be furnished- by the named manufacturer, unless. changes are specifically authorized. Equipment substitutions will be permitted only with the OWNER'Sprior consent. Preliminary acceptance of equipment listed by .the manufacturer's name shall not in any way constitute a . waiver of the Drawing and Specification requirements covering such equipment. Acceptance will be based on full conformity with the Drawings and Specifications covering the equipment. Equipment Item (Contract Items) Vim' F;1�1a, POSTBID-i Manufacturer POST BID SUBMITTAL SEE SECTIONS ITB 6.5 SUBCONTRACTORS LIST Instructions To Bidders: The Bidder shall enter the names and the type of work to be done in the Subcontractors List which follows for each Subcontractor that the Bidder proposes to use for the Work who will be providing work for an agreed price of five percent (S%) or greater of the amount Bid as stated above in Part 2. Only one Subcontractor shall be listed for each work item. Vpon award of a contract, the named Subcontractors shall be employed to perform the work, unless changes . are specifically authorized by the OWNER. Failure to furnish all information requested may render . the Bid non-responsive if it is determined that such omission' is material by affording the Bidder a substantial advantage over other Bidders. Except as otherwise specifically stated by. the Bidder in this Part, omission of any names of Subcontractors herein shall constitute an affirmative representation and statement that the Bidder proposes to use his own work forces for most of .the Work such that he will have no Subcontractors providing work in the amount of five percent (5%) or greater of the amount Bid. Subcontractor Name Work price CT I fdDo — 0 (use additional sheets if necessary) POSTBID-2 BID BOND City of Carmel Instructions To Bidders Bidders may use this form or other form containing the same material conditions and provisions as approved in advance by OWNER/Obligee. . Bidder/Surety must attach a signed, certified and effective dated copy of the Power of Attorney or Attorney -In -Fact establishing the authority of the person(s) signing this Bid Bond on behalf of the Surety. Surety Company executing this bond shall. appear. on the most current list of "Surety Companies Acceptable on Federal Bonds, " as specified in the US.. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS, that the undersigned "Bidder': and "Surety": [Name] [Address] a corporation chartered and existing under the laws of the State of and authorized to do . business in the State of Indiana; are held and firmly bound unto the City of Carmel, Indiana ("Oblige") in the full and just sum equal to ten percent (10%) of the price stated in the Bid Proposal described in Part 2, including accepted alternates, if any, to be paid upon demand of the Oblige, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Oblige to enforce this instrument, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors,. and assigns, jointly and severally and firmly by these presents. Ten percent (10%) of the price stated in the Bid Proposal is $ WHEREAS, the Obligee has solicited Bids for certain Work for or in fizrtherance of construction of public improvements described generally as Emerson Road Storm Sewer Reconstruction Project #16-02 The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete. drive approach replacement, and street patching for storm crossings, removal and replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of IS -inch sanitary sewer relocation within 31 Ave. SW. pursuant to plans, specifications and other `.`Contract Documents" included as. parts of and designated by such solicitation; and WHEREAS, the Bidder has submitted to the Obligee a Bid Proposal to perform such Work. NOW THEREFORE: The conditions of this obligation are such that if the Bid Proposal be accepted, with or without conditions, the Bidder shall within such time thereafter as prescribed by the Contract Documents (i) fulfill all conditions of such award that remain to be fulfilled, (ii) execute a Contract in accordance with the Bid Proposal and in the form and manner required by the Contract Documents, and (iii) thereafter provide all bonds, and other Documentation required by the Contract Documents to be delivered to Obligee prior to commencing Work, including without limitatio:3 a sufficient and satisfactory Performance Bond and Payment Bond payable to Obligee, each in an amount of one hundred percent (100%) of the total Contract price. as awarded and in form and with surety satisfactory to said Obligee, then this obligation to be void; otherwise to be and remain in full force and virtue in law,' -and the Surety shall, upon failure of the Bidder to comply with any or all of the foregoing requirements within the time specified above and as prescribed by the Contract Documents, immediately pay to the Obligee, upon demand, the amount hereof, in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. IN TESTIMONY THEREOF, the Bidder and Surety have caused this instrument to be duly signed and sealed this day of ; 20 . . This Bid Bond shall bind the undersigned Surety whether or not also signed by the Bidder. "Bidder" "Surety" By: By: Printed: Printed: Countersigned: Irk 1 MAINTENANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in. advance by OWNER. Date of Bond must not be prior. to date of Contract. If CONTRACTOR 'is` a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the. most, current list of "Surety Companies Acceptable on Federal Bonds, " as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that "CONTRACTOR": and "Surety": [Name] [Address] , a corporation_ chartered and existing under the laws of the State of and authorized to do business in the State of Indiana; are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the. United States, for the payment of which sum well and truly- to. be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors; and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the day of , 2.0 , by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Emerson Road Storm Sewer Reconstruction Project #16-02 The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and replacement of existing. curb; sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of I5 -inch sanitary sewer relocation within 3rd Ave. SW. which Agreement, and the "Contract Documents" as referred to therein, are hereby incorporated herein by reference; WHEREAS, CONTRACTOR has installed and completed and met all improvements, installations and requirements applicable to the above described Work, but said improvements and installations have not yei been accepted for public maintenance; and WHEREAS, the OWNER requires a guarantee from the CONTRACTOR, against defective materials and workmanship in connection with such maintenance. NOW, THEREFORE, CONTRACTOR warrants the workmanship and all materials used in the construction, installation and completion of said Work, including all improvements and installations thereof, to be of good quality and constructed and completed in a workmanlike manner in accordance with the Agreement and Contract Documents and all local, state `and federal laws, ordinances, rules, standards and regulations applicable to said Work; FURTHERMORE, the conditions of the Surety's obligation hereunder are such that if CONTRACTOR at . his own expense, for a period'of three (3) years after said Work, improvements and. installations are accepted for public maintenance by the OWNER, shall make all repairs or replacements thereto which may become necessary by reason of improper or defective workmanship or materials, or any failure thereof to conform to the provisions of the Agreement or Contract Documents, then Surety's obligation is C to be null and void; otherwise such obligation shall remain in full force and effect. Any repairs or replacements made under this bond shall in like manner be subject to the terms and conditions hereof. CONTRACTOR and Surety covenant that all action required by law to be taken by them to authorize the execution and delivery of this bond have been previously taken, that the officers whose signatures appear below have been fully empowered to execute and deliver this instrument and that once executed and delivered, it shall represent the lawful and binding obligation of the parties. IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each one of. which shall be deemed an original, this the day, of 220 CONTRACTOR: [name] By: . [signature] [printed name] ATTEST: [signature] SURETY: [name] [signature] [printed name] Secretary Attorney-in-fact [address] M .! PAYMENT .BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date. of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of "Surety Companies Acceptable on Federal Bonds, " as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State oflndiana. KNOW ALL MEN BY THESE PRESENTS:. that "CONTRACTOR": and "Surety": [Name] [Address] a corporation chartered and existing under the laws of the State of and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter.called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well. and truly to be made, plus interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the day of , 20 , by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Emerson Road Storm Sewer Reconstruction Project #16-02 The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach. replacement, and street patching for storm crossings, removal and replacement of, existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at' PB4 A the downstream outlet of the proposed storm. sewer reconstruction. Also included within the project will be 419 LFT of 15 -inch sanitary sewer relocation within 3rd Ave. SW. which Agreement, and the "Contract Documents" as referred to therein, are hereby incorporated herein by reference; NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall promptly make payments of all amounts due to all Claimants, then this obligation shall be void; otherwise to remain in full force and effect. "Claimant" shall mean any Subcontractor, material supplier or other person, firm, or corporation furnishing materials or equipment for or performing labor or services in the prosecution'of the Work provided for in such Agreement, including lubricants, oil, gasoline, coal and coke, repairs on machinery, and tools, whether consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work. PROVIDED, FURTHER, that the said Surety, .for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the contract or in the proceedings preliminary to the letting of the Agreement will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to. the Work; that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and 4. that this Payment Bond and Surety shall not be released until one'(1) year after the OWNER's final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each one of which shall be deemed an original,' this the day of 320 CONTRACTOR: [name] By: [signature] ATTEST: [signature] SURETY: [name] [signature] [printed name] Secretary Attorney-in-fact [printed name] [address] PFB-2 PERFORMANCE BOND City of Carmel Instructions: Successful Bidder must use this form -or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond. shall appear on the most current list of "Surety Companies Acceptable on Federal Bonds, " as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that "CONTRACTOR": and. "Surety": [Name] [Address] a corporation chartered and existing under the laws of the State of and authorized to do business in the State of Indiana, are held and. firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and 'any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the day of , 20 , by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Emerson Road Storm Sewer Reconstruction Project #16-02 The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at PFB-2 to the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of 15 -inch sanitary sewer relocation within 3rd Ave. SW. which Agreement, and the "Contract Documents" as referred to therein, are hereby incorporated herein by reference; NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall well, truly and faithfully. perform his duties, all the undertakings, covenants, terms and conditions of said Agreement whether during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during any period of guaranty or warranty provided therein or arising there under, and if CONTRACTOR shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which he may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void;. otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: that no defect or irregularity in, the Contract or in the proceedings preliminary to the letting of the Contract will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder; and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, _ extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to anyclaim that may remain unsatisfied; and that this Performance Bond and Surety shall not be released until one (1) year after the OWNER'S final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each one of which shall be deemed an original, this the day of , 20 CONTRACTOR: [name] By: [signature] ATTEST: [signature] SURETY: .. [name] . [signature] [printed name] Secretary Attorney-in-faot [printed name] [address] . PFB-2 1 Engineering Department Emerson Road Storm Sewer Reconstruction Project #16-02 AGREEMENT City of Carmel, Indiana THIS AGREEMENT is made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("OWNER") and. ("CONTRACTOR"), concerning the project ("Emerson Road Storm Sewer Reconstruction — Project #I6-02') 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 bid 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 bid proposals, whether or not receipt thereof has been acknowledged by CONTRACTOR in its Proposal; C. The Specifications; d. The Additional Requirements; e. Notice to Bidders; f. Instructions to Bidders; g. Plans and Drawings; h. Performance, Payment and Maintenance Bonds; A-1 Engineering Department Emerson Road Storm Sewer Reconstruction Project # 16-02 i. CONTRACTOR'S Itemized Proposal and Declarations; and 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 Bid, 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 Emerson Road Storm Sewer Reconstruction Project #16-02 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. 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 2003 (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 ofa resolution signed by both parties hereto or until a final judgment is entered thereon. A-3 BID BOND FORM 00430 BID BOND BIDDER (Name and Address): Yardberry Landscape Company dba Yardberry Landscaping & Excavating 9940 South 1000 West Anderson, IN 46017 SURETY (Name and Address): Merchants Bonding Company (Mutual) P.O. Box 14498, Des Moines, IA 50306-3498 OWNER (Name and Address): BID BOND City of Carmel One Civic Square Carmel, IN 46032 BID DUE DATE: April 6, 2016 PROJECT (Brief Description Including Location): #16-02 Emerson Rd Storm Sewer Reconstruction BOND NUMBER: 278111 DATE (Not later than Bid due date):March 30, 2016 PENAL SUM:Ten Percent of Bid Amount 10% (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY Yardberry Landscape Company J dba Yardbe= Landscaping & Excavating (Seal) Merchants Bonding Company (Mutual) -(Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By:VJ4 , b, Signature and Title Sighatbleand Title Tim Yarberry (Attach Power of Attorney) Owner Holly Coffman Attorney -in -Fact Attest: Attest: j --16 — ,Lih LAW A SPALEUp r61A 7��ouAdot ->-> (�- � C ,fz- Signature an <ritle Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. 00430-1 CON 0690 (9/13) Bid Bond Form 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1. OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2. All Bids are rejected by OWNER, or 3.3. OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 Calendar Days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 Calendar Days after the noticeof default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable. 00430-2 CON 0690 (9/13) MERC17 tLLV TS� Bond #: 278111 BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Holly Coffman their true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Five Million ($5,000,000.00) Dollars This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the -Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Wtne§ Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of October , 2015 `o, 4X.. 0 .�:V .se -o- STATE OF IOWA +'��''., .• a��''�,' 0.0---6.0 • • O\N� • CO,h;. m�• �oRP09 • :�• : y 1933 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. COUNTY OF Dallas ss. President On this 8th day of October 2015 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. APS. I�WENDY WOODY v Commission Number 784654 Z ' ° ° ° My Commission Expires tow;, June 20 2017 Notary Publi , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 30th day of March 2016 POA 0014 (6/15) . • �\N... COCA � : y 1933 ; c; • J .C1,• Secretary tie cr� CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013) Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or print) Date (month, day, year). 03/28/16 1. Governmental Unit (Owner): City of Carmel, Board of Public Works & Safety 2. County: Wabash County 3. Bidder (Firm): Yardberry Landscape Company Address: 9940 S. 1000 W City/State/ZlPcode: Anderson, IN 46017 4. Telephone Number: 765-378-5783 5. Agent of Bidder (if applicable): Tim Ya Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of City of Carmel, Board of Public Works & (Governmental Unit) in accordance with plans and specifications prepared by Crossroad Engineers #16-02 Emerson Rd Storm Sewer Reconstruction and dated March 2016 for the sum of The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. understand that violations hereunder may result in forfeiture of contractual payments. The above bid is accepted this following conditions: Contracting Authority Members: Tim Yarb ACCEPTANCE day of April 2016 , subject to the PART II (For projects of $150, 000 or more — IC 36-1-12-4) Governmental Unit: City of Carmel, Board of Public Works & Safety Bidder (Firm) Yardberry Landscape Company Date (month, day, year): 03/28/16 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount Class of Work Completion Date Name and Address of Owner 118,091.00 Sewer 09/14 City of Fort Wayne 365,914.37 Culvert Rplcmnt 10/14 INDOT 230,264.90 Ped./Bike Trail 10/14 INDOT 253,822.00 Bank Stabilization 10/14 City of Carmel 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner 666,736.50 Ped./Bike Trail 06/15 INDOT 592,695.00 Environ. Mitigation 06/15 INDOT 3. Have you ever failed to complete any work awarded to you? NO If so, where and why? 4. List references from private firms for which you have performed work. Dan Swails, Indy Parks & Recreation, 317-491-2883 Tim Farley, H Steward Kline & Associate, 765-742-0295 Max Abrell, DCRWD, 765-284-6370 Bob Wiwi, Richmond Sanitary District, 765-983-7477 SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at Anderson this 28 Yardberry Landscape C By Owner STATE OF Indiana ) ss COUNTY OF Madison ) of March , 2016 (Name of Organization) (Title of Person Signing) /_0yI:V[91TA4:1lit]:I►y,I:10411 Before me, a Notary Public, personally appeared the above-named Tim Yarberry and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 28 day of March 2016 My Commission Expires: 11 /06/2021 County of Residence: Madison 4(Aai o Notary Pub(c BETH PEAVM NOTARY131.19110 SEAL MADISON COUNTY, STATE OF INDIANA MY COMMISSION EXPIRES NOVEMBM 00, 20M COMMISSION NO W913 Part of State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013) Yardberry Landscape Company (Contractor) 9940 S 1000 W Anderson, IN 46017 (Address) •a, PUBLIC WORKS PROJECTS OF City of Carmel, Board of Public Works & Safety Filed Action taken Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating As of and for the Years Ended December 31, 2014 and 2013 John R. Sandlin CPA/ABV Sandlin & Company, LLC S a n d l i n& Company, LLC John R. Sandlin, CPA/AB V Certified Public Accountants Jacob J. Goossen, MBA REPORT OF INDEPENDENT AUDITORS To the Board of Directors Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating Anderson, Indiana We have audited the accompanying financial statements of Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating (an Indiana Corporation), which comprise the balance sheets as of December 31, 2014 and 2013, and the related statements of income, changes in stockholder's equity, and cash flows for the years then ended, and the related notes to the financial statements. Management's Responsibilityfor the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor, considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting principles used and the reasonableness of significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating as of December 31, 2014 and 2013, and the results of its operations and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. SAVA067 f 401 yXio" f, or.-iq' Anderson, Indiana April 15, 2015 1106 East 8`h St • Anderson, Indiana 46016 • (765) 608-2366 • Fax (765) 683-9530 American Institute of CPAs • AICPA Tax Division • Indiana CPA Society LIABILITIES AND STOCKHOLDER'S EQUITY 2014 2013 Current Liabilities Trade accounts payable Current portion of long-term debt Line of credit payable Note payable to stockholder Billings in excess of costs and estimated earnings on contracts in progress Accrued property tax Accrued payroll tax and other liabilities Total Current Liabilities Long -Term Debt, net of current portion above Stockholder's Equity Common stock, no par value, 1,000 shares authorized, 100 shares issued and outstanding Retained earnings Total Stockholder's Equity Total Liabilities and Stockholder's Equity $ 198,640 $ 124,062 132,700 120,300 193,167 199,083 24,767 139,526 30,866 - 44,000 43,000 35,151 2,162 659,291 628,133 388,220 242,683 492,238 492,238 747,263 368,000 1,239,501 860,238 -&21&7,.012 $1,731,054 See accompanying notes to financial statements. 3 Yardberry Landscape Company d/b/a Yardberry Landcaping & Excavating Statements of Changes in Stockholder's Equity Years Ending December 31, 2014 and 2013 Balance December 31, 2012 Net income for 2013 Dividends paid Balance December 31, 2013 Balance December 31, 2013 Net income for 2014 Dividends paid Balance December 31, 2014 Retained' Common Stock Earnings Total $ 492,238 $ 354,006 $ 846,244 13,994 13,994 $ 492,238 $ 368,000 $ 860,238 $ 492,238 $ 368,000 $ 860,238 401,644 401,644 (22,381) (22,381) $ 492,238 $ 747,263 $ 1,239,501 See accompanying notes to financial statements. 5 Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating Notes to Financial Statements December 31, 2014 and 2013 NOTE A — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Operations Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating (a corporation) is wholly owned by Timothy C. Yarberry. The Company's principal activities include excavation work, construction, and landscaping services. The Company serves as a general contractor in projects such as walking trails, playgrounds, playing fields, and highway related construction activities. Landscaping activities include planting of trees and shrubbery, grading, construction of footbridges and fencing. The Company's customers are primarily governmental entities. Most services are performed in central Indiana. Revenue and Cost Reco nition Revenues from construction contracts are recognized on the percentage -of -completion method, measured by the percentage of cost incurred to date to estimated total cost for each contract. That method is used because management considers expended costs to be the best available measure of progress on the contracts. Because of inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term. Contract costs include all direct material and labor costs. Selling, general, and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. The asset, "Costs and estimated earnings in excess of billings on contracts in progress" represents revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on contracts in progress," represents billings in excess of revenues recognized. Trade Receivables Trade receivables are recorded at net realizable value and are charged off when management determines they are uncollectible. As of December 31, 2014 and 2013, the Company had trade receivables past due ninety days or more of $5,902 and $3,702 respectively. Inventories Inventories consist of landscaping materials, young trees and shrubbery. When significant, purchased inventory items are stated at the lower of cost (first -in, first -out method) or market. The Company also grows young trees and shrubbery for sale to customers. Growing costs are charged to expense as incurred. Cash and Cash Equivalents All short-term investments with an original maturity of three months or less are considered to be cash equivalents. Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating Notes to Financial Statements December 31, 2014 and 2013 Cash balances include a money market fund, which attempts to maintain a constant market value of $1.00 per share, although the value is not guaranteed. The market value of the money market fund at December 31, 2014 and 2013 was $811,322 and $686,320, respectively. NOTE C — ACCOUNTS RECEIVABLE Accounts receivable at December 31, 2014 and 2013 are as follows: As of December 31, 2014: Total Retainage Other Completed contracts $ 169,133 $ 21,398 $ 147,735 Contracts in progress 253,785 - 253,785 $ 422,918 $ 21,398 $ 401,520 As of December 31, 2013: Total Retainage Other Completed contracts $ 220,910 $ 55,926 $ 164,984 Contracts in progress - - - $ 220,910 $ 55,926 $ 164,984 0 Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating Notes to Financial Statements December 31, 2014 and 2013 NOTE E — LONG-TERM DEBT Long-term debt consists of the following notes: 2014 2013 Promissory note to a finance company, with interest at 3.25% due in monthly installments of $3,892, including interest, through January 2015, collateralized by equipment $ - $ 45,895 Promissory note to a finance company, with interest at 5.99%, due in monthly installments of $1,734, including interest, through January, 2016, collateralized by equipment 20,149 39,128 Promissory note to a bank, with interest at 6.00%, due in monthly installments of $722, including interest, through June, 2016, with balloon payment due at that time, collateralized by substantially all assets of the company and the personal guaranty of Timothy C. Yarberry 89,214 92,342 Promissory note to a finance company, with interest at 4.48%, due in monthly installments of $995, including interest, through February 2017, collateralized by transportation equipment 23,710 34,330 Promissory note payable to a finance company, with interest at 3.99%, due in monthly installments of $1,449, through November 2017, collateralized by transportation equipment 46,502 61,702 Promissory note payable to a finance company, with interest at 2.99%, due in monthly installments of $4,112, through January 2019, collateralized by equipment 189,510 - Promissory note payable to a finance company, with interest at 1.03%, due in monthly installments of $1,093, through March 2018, collateralized by equipment 40,845 53,476 Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating Notes to Financial Statements December 31, 2014 and 2013 NOTE F — LINE OF CREDIT The Company has a line of credit with First Merchants Bank collateralized by substantially all assets of the Company and the personal guaranty of Timothy C. Yarberry. The note bears interest at one percent over the national prime rate, subject to a minimum interest rate of 4.25% in 2014 and 5.5% in 2013. The total financing available under the line of credit was $200,000. The amount available to be drawn was $6,833 at December 31, 2014 and $917 at December 31, 2013. NOTE G — SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid for interest expense was $33,007 in 2014 and $31,217 in 2013. NOTE H — RELATED PARTY TRANSACTIONS The Company made loans to its sole shareholder, Timothy C. Yarberry, in 2014 and 2013. The proceeds of the loans were invested in Mr. Yarberry's personally owned brokerage account and were outstanding for substantially the entire year. There were borrowings and repayments made by the shareholder throughout the year under the borrowing arrangement. The activity under the borrowing arrangement is summarized as follows for 2014 and 2013: The Company earned interest income in 2014 and 2013 of $1,571 and $616, respectively on amounts loaned to its sole shareholder. The Company rents real estate from its owner. Rent expense was $15,000 in 2014 and $12,000 in 2013. NOTE I — SUBSEQUENT EVENTS Subsequent events were evaluated through April 15, 2015, which is the date the financial statements were available to be issued. 13 2014 2013 Note payable to stockholder at the beginning of the year $ 139,526 $ - Amounts received from the stockholder 1,504,767 1,221,754 Loans to the stockholder (1,619,526) (1,082,228) Notes payable to stockholder at the end of the year $ 24,767 $ 139,526 The Company earned interest income in 2014 and 2013 of $1,571 and $616, respectively on amounts loaned to its sole shareholder. The Company rents real estate from its owner. Rent expense was $15,000 in 2014 and $12,000 in 2013. NOTE I — SUBSEQUENT EVENTS Subsequent events were evaluated through April 15, 2015, which is the date the financial statements were available to be issued. 13 S a n d l i n& Company, LLC John R. Sandlin, CPA/ABV Certified Public Accountants Jacob J. Goossen, MBA REPORT OF INDEPENDENT AUDITORS ON SUPPLEMENTARY INFORMATION To the Board of Directors Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating Anderson, Indiana Our audits were conducted for the purpose of forming an opinion on the financial statements as a whole. The information included in Schedules 1 through 4 accompanying the financial statements is presented for purposes of additional analysis and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audits of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in .accordance with auditing standards generally accepted in the United States of America. In our ,opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. Anderson, Indiana April 15, 2015 1106 East 8`h St • Anderson, Indiana 46016 • (765) 608-2366 • Fax (765) 683-9530 American Institute of CPAs • AICPA Tax Division • Indiana CPA Society Yardberry Landscape Company d/b/a Yardberry Landscaping & Excavating Schedule 2 Contracts in Progress at Year End Year Ended December 31, 2014 R -29394-A Environmental Mitigation B-35721 Debris Removal From Channel R -36889-A Bike Trail 17 For the Year Ended Total Contracts From Inception to December 31, 2014 December 31, 2014 Costs and Billings in Estimated Excess of Estimated Earnings in Costs and Gross Project Gross Profit Revenues Costs Incurred Gross Progress Excess of Estimated Revenues Costs Earnings Number Contract Price (Loss) Earned To Date Earnings Billings Billings Earnings Earned Incurred (Loss) R -29394-A $ 572,695 $ 322,346 $ 403,184 $ 176,249 $ 226,935 $ 358,442 $ 44,742 $ $ 403,184 $ 176,249 $ 226,935 B-35721 217,960 184,160 217,960 33,800 184,160 195,640 22,320 - 217,960 33,800 184,160 R -36889-A 666,737 166,737 82,580 61,929 20,651 113,446 30,866 82,580 61,929 20,651 $ 1,457,392 $ 673,243 $ 703,724 $ 271,978 $ 431,746 $ 667,528 $ 67,062 $ 30,866 $ 703,724 $ 271,978 $ 431,746 R -29394-A Environmental Mitigation B-35721 Debris Removal From Channel R -36889-A Bike Trail 17 Yardberry Landscape Company d/b/a Yardberry Landcaping & Excavating Schedule 4 General and Administrative Expenses Years Ended December 31, 2014 and 2013 19 2014 2013 Officer compensation $ 50,000 $ 30,000 Other salaries 31,439 25,629 Payroll tax expense 73968 3,340 Advertising - 1,578 Bidding expense 3,922 6,261 Office expense 19,929 20,781 Insurance 40,723 36,932 Licenses and fees 14,658 13,552 Truck expense 137,364 125,794 Professional fees 17,310 18,257 Property taxes 1,000 8,000 Rent 15,000 12,000 Repairs and maintenance 99,338 45,036 Supplies 6,010 7,138 Utilities 6,803 6,617 Miscellaneous 6,853 33,482 19 References Reference Name Reference Phone # Company Max Abrell 765-284-6370 Delaware County Regional Wastewater District Sonny Anuka 317-258-5140 Indiana Department of Transportation Phil Boyd 765-282-3845 Halteman Villas Jeff Carpenter 317-788-4553 City of Carmel, IN Trent Colglazier 812-752-4945 Indiana Department of Transportation Pat Conner 317-984-5696 Town of Cicero, IN Tim Farley 765-742-0295 H. Stewart Kline & Associates Mike Garcia 260-901-1310 Indiana Department of Transportation Phil Gurganus 317-803-9094 City of Beech Grove, IN Jim Myers 317-339-3574 Site & Pipe John Miller 317-410-4909 DI -2 Indiana Jeff Peters 317-788-4551 M.D. Wessler & Associates Matthew Smith 317-423-0935 Strand & Associates Dan Swails 317-491-2883 City of Indy Parks & Recreation Bob Wiwi 765-983-7477 Richmond Sanitary District Matt Smith 317-581-6237 Strand Associates, Indianapolis, IN Matt Gray 260-427-2794 City of Fort Wanye, IN Tye Campbell 260-748-7032 City of New Haven, IN John Clair 317-370-1864 Butler, Fairman & Seufert, Inc. Scott Siple 317-895-2585 United Consulting, Inc. Brad Burk 812-584-2048 Indiana Department of Transportation Jeremy Campbell 317-443-2910 Butler, Fairman & Seufert, Inc. Mitchell Green 260-704-1453 DLZ Engineering Dennis Butler 260-471-8964 Indiana Department of Transportation Job References Contracted With Anderson Community School Corp City of Anderson, IN City of Carmel, IN City of Carmel, IN City of Indianapolis, IN City of Indianapolis, IN City of Indianapolis, IN City of Indianapolis, IN City of Indianapolis, IN City of Indianapolis, IN City of Indianapolis, IN City of Indianapolis, IN City of Indianapolis, IN City of Indianapolis, IN City of Indianapolis, IN City of Richmond, IN City of Shelbyville, IN City of Tipton City of Tipton, IN Community School Corp of So Hancock Co Country Club Heights Crider & Crider Delaware Co Regional Wastewater District Halteman Villas Hamilton County Hamilton County Highway Department Harrison High School Herman Associates INDOT I N DOT - I R -29367-A Type of Work Landscaping Tree Planting Demolition Water Main Extension Demolition Canal Basin Landscape Project Basketball Courts Playground Replacing Trees Landscaping Project Excavating, Clearing, Demolition Restoration Grading Football Field White River Greenways Detention Basin/Retrofits Sanitary Sewer Drainage Project Sewer Drainage Football Field Concrete Curbs, Storm Drain & Inlet Wetland Mitigation Sewer Extension Drainage Rehabilitation Gabion Installation Football Field Resurface Retaining Walls Pipe Lining Demolitiom Location Contract Amt Anderson High School $ 101,701.00 East 29th Street $ 3,485.00 $ 67,806.80 Old Meridian Street $ 277,400.00 High School Road $ 10,000.00 $ 103,000.00 Brookside & Thompson Parks $ 52,400.00 Bowman Park $ 181,716.00 $ 9,710.00 86th Street $ 718,001.00 Carson Park $ 296,111.00 Coffin & Eagle Gold Course $ 318,409.00 Douglas Park $ 504,311.00 $ 2,000.00 Wetnight East & Derbyshire Creek $ 309,300.00 $ 142,822.04 Elliott/Montgomery Streets $ 298,101.00 Various $ 1,814,746.00 Dearborn Street $ 1,514,093.25 New Palestine High School $ 101,400.00 Anderson, IN White Oaks @ 96th Street $ 161,201.00 Meadowcrest Addition $ 271,491.00 Muncie, IN $ 69,755.00 $ 544,482.50 $ 52,438.15 $ 58,252.00 $ 23,356.25 St Rd 30 $ 946,211.00 1-465 Indianapolis $ 148,402.80 INDOT - M -26302-B Debris Removal INDOT - M -26437-B Pipe Lining INDOT - M -29311-A Pipe Lining INDOT - R -26123-B $ INDOT - R -27850-B Landscaping INDOT - R -28242-A Small Structure Replacement INDOT - R -28522-A Demolition INDOT - R -28650-A Slip Lining INDOT - Toll Road Landscaping Prophetstown State Park Landscaping Tippecanoe County Culvert Project Town of Cicero, IN Storm Sewer Project Town of Fishers, IN Multi -use Path Vigo County School Corp Football Field Crowning City of Tipton, IN Sewer Seperation City of New Haven, IN Water Main Improvement City of Fort Wane, IN Flood Control City of Fort Wane, IN Flood Control Purdue University Wetland Mitigation INDOT R -35726-A Pedestrian/Bicycle Trail City of Carmel Bank Stabilization INDOT R -36889-A Bike/Pedestrian Trail INDOT R -29394-A Environmental Mitigation INDOT R -34272-A Pipe Lining INDOT R -35618-A Safe Route to School City of Delphi WWTP Effluent Pipe Replacement Town of Fishers, IN Stormwater Improvement $ 72,500.00 $ 64,977.50 Crawford County $ 110,953.00 Monon Trail $ 2,418,911.00 Elletsville $ 78,525.00 Fulton County $ 270,903.93 Warrick County $ 10,599.60 Crawfordsville District $ 437,377.00 $ 23,678.88 Tippecanoe County $ 93,273.75 $ 416,502.95 Jackson Street $ 115,502.50 106th Street, Fishers, IN $ 469,944.00 $ 142,935.24 $ 1,917,086.81 Rose Avenue, New Haven, IN $ 198,788.60 Allen County, Fort Wayne, IN $ 51,382.00 Allen County, Fort Wayne, IN $ 109,640.00 West Lafayette, IN $ 63,400.00 Hancock County, Pennsy Trail $ 230,264.90 Cool Creek, Carmel, IN $ 253,822.00 Carmel, IN $ 666,736.50 Aurora, IN $ 592,694.00 Berne, IN $ 180,096.00 Berne, IN $ 161,914.00 Delphi, IN $ 675,889.00 Fishers, IN $ 241,525.00 NON -COLLUSION AFFIDAVIT State Form 4391 (R4 / 1-00) +eio STATE OF: SS: COUNTY OF 1 f CU The undersigned, being duly sworn on oath says, that he is the contracting party, or that he is the representative, agent, member, or officer of the contracting party, that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly , entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of the annexed contract other than that which appears upon the face of the contract. Signature Printed name --7 Title Company rj Before me, a Notary Public in and for said County and State personally appeared, -7( v% - who acknowledged the truth of the statements in the foregoing affidavit on this7 day of 20! BETH PEAVLER NOTARY PUBLIC SEAL MA OISON COUNTY, STATE OF INDIANA MY COMMISSION EXPIRES NOVEMBER OS, 20M COMMISSION NO 00013 E -Verify Affidavit Pursuant to Indiana Code 22-5-1.7-11, the Contractor entering into a contract with the City is required to enroll in and verify the work eligibility status of all its newly hired employees through the E -Verify program. The Contractor is not required to verify the work eligibility status of all its newly hired employees through the E -Verify program if the E -Verify program no longer exists. The undersigned, on behalf of the Contractor, being first duly sworn, deposes and states that the Contractor does not knowingly employ an unauthorized alien. The undersigned further affirms that, prior to entering into its contract with the City, the undersigned Contractor will enroll in and agrees to verify the work eligibility status of all its newly hired employees through the E -Verify program. (Contractor): By (Written Signature): IUivY.� (Printed Name): (Title): Important - Notary Signature and Seal Required in the Space Below STATE OF 1, n di a/w,-, BETH PEAVI.ER S S : NOTARY PUBUC COUNTY OF W & S�- MADISON COUNTY, STATE OF INDW A MY COMMISSION EXPIRES NOVEMBER o8, 2W NOM13 ] - Subscribed and sworn to before me this day of , 20 �l�l My commission expires: I �PI�' (Signed) Residing in Ma County, State of �17i1�G2/1�2�