HomeMy WebLinkAbout01-08-20-04/Midwest Paving, LLC/US 31 Crossing, Water Transmission Main RESOLUTION NO.BPW 01-08-20-04
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING AGREEMENT BETWEEN OWNER AND CONTRACTOR
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to
enter into contracts;and
WHEREAS,pursuant to Indiana Code 36-4-5-3,the City's mayor may enter into contracts on behalf of the
City;and
WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C.
Brainard,has caused to be signed the Grant Agreement attached hereto as Exhibit A(the"Contract");and
WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk's Office,and made available to the public for review.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
follows:
1.The foregoing Recitals are incorporated herein by this reference.
2.The receipt of the Contract is hereby acknowledged.
3.The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public
for review.
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SO RESOLVED this day of ‘JC(00 , 2020.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard,Presiding Officer.
Date:
Mary urke,ymDate:
Lori S.Watson, mper
Date: i p,/�-c-3 .4G
ATTEST:
Sue Wolf a e
Date: Ot fO8 CQG c
SAE Bass'My DocwnentstPWResoluGons\2(IZO`•Acknowledge Agreement Midwest Paving«C•US 31 Crossing Water Transmission htain.docx1 27/20ty 1r17 PM
CARMEL UTILITIES
30 West Main, Suite 200
Carmel, Indiana 46032
PH (317) 571-2443 WATER UTILITY
FAX (317) 571-2265 WASTEWATER UTILITY
ADVERTISEMENT ! NOTICE TO BIDDERS
CITY OF CARMEL, INDIANA
US 31 Crossing Water Transmission Main
Contract 66G
Sealed Bids for the City of Carmel, Indiana, US 31 Crossing Water Transmission Main, will
be received by the City of Carmel, Indiana, ("Owner") at the office of the Clerk Treasurer In
City Hall, One Civic Square, Carmel, Indiana 46032, until 10:00 a.m., local time, on October
2, 2019. Any Bid received after the designated time will be returned to the Bidder unopened.
The Bids will be publicly opened and read by the Board of Public Works and Safety at 10:00
a.m. on October 2, 2019 in Council Chambers at City Hall. The Bid should be clearly marked
"BID ENCLOSED US 31 Crossing Water Transmission Main, Contract 66G" on the outside
of the envelope, and as otherwise set forth in the Bid Documents.
In general, the work is subdivided into Phase I (2,600 LF of 30-36-inch DIP) and Phase II
(2,800 LF of 16-inch DIP) and consists of the construction of water main all as required by
these Bidding Documents, the Agreement between Owner and Contractor, General
Conditions, Special Conditions (the "Agreement"), Specifications and Drawings. A Pre-bid
meeting (non-mandatory) will be held on September 18, 2019 in the City's Distribution office
at 2:30 pm at 3562 131 st St. W. Carmel, Indiana. Copies of the Bidding Documents may be
examined at the office of the Utility Director at 30 W. Main St., Suite 200, Carmel, IN. 46032,
or at the office of Jones & Henry Engineers, Ltd., ("Engineer") 1980 East 116th Street Suite
260, Carmel, Indiana 46032 without charge. Copies may be obtained at cost from Eastern
Engineering Supply at 9901 Allisonville Rd., Fishers, . Indiana 46038,
(www.oasterllengineering.com, phone no. 317-598-0661)for each set of Bid Documents.
Bids must be submitted on the forms found in the Bid package, must contain the names of
every person or company Interested therein,and shall be accompanied by:
(1) Revised Form No. 96 as prescribed by the Indiana Board of Accounts and as
required in the Instruction to Bidders, including a financial statement, a
statement of experience, a proposed plan or plans for performing the Work
and the equipment the Bidder has available for the performance of the Work;
(2) Bid Bond in the amount of ten percent (10%) of the total Bid amount,
including alternates with a satisfactory corporate surety or by a certified
check on a solvent bank in the amount of ten percent (10%)of the amount of
the Bid. The Bid Bond or certified check shall be evidence of good faith that
the successful Bidder will execute within fifteen (15) calendar days from the
acceptance of the Bid, the Agreement as included in the Bidding Documents.
The Bid Bond or certified check shall be made payable to the Owner.
Any Bid may be withdrawn prior to the scheduled closing time for receipt of Bids, but no bidder shall
withdraw his Bid within ninety(90) days after the actual opening of the Bids.
All Bid Bonds and certified checks of unsuccessful bidders will be returned by the Owner upon
selection of the successful Bidder and execution of the Agreement, and provision of the required
Performance Bond and Payment Bond.
C-66G Water Transmission Main/451-7222 AD-1 CITY OF CARMEL
Adverilsement for Blds
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Award will be made to the low, responsive, responsible bidder. The low, responsive, responsible
bidder must not be debarred,suspended,or otherwise be excluded from or ineligible for participation
in federally assisted programs under Executive Order 12549.
The successful Contractor will be required to enroll in and verify the work eligibility status of all
employees hired after the date of this Contract through the E-Verify program. The Contractor will
also be required to sign an affidavit concerning employment of unauthorized aliens. A copy of the ,
affidavit is included in the Bid Documents. The successful Contractor will also be required to sign a
certification regarding no investment activities in Iran.
A Performance Bond with a good and sufficient surety, acceptable to the Owner and Engineer, shall
be required of the successful Bidder in an amount equal to at least one hundred percent(100%)of the -
Contract Price,conditioned upon the faithful performance of the Agreement.
The Contractor shall execute a Payment Bond to the Owner,approved by Owner and Engineer and for
the benefit of the Owner,in an amount equal to one hundred percent(100%)of the Contract Price.
The Payment Bond is binding on the Contractor,their subcontractor,and their successors and assigns
for the payment of all indebtedness to a person for labor and services performed,material furnished,
or services rendered. The Payment Bond must state that it is for the benefit of the subcontractors,
laborers,material suppliers,and those performing services. The surety of the Payment Bond may not
be released until one(1)year after the Owner's final settlement with the Contractor.
All out-of-state corporations must have a certificate of authority to do business in the State of Indiana. .
Application forms may be obtained by contacting the Secretary of State,State of Indiana,Statehouse,
Indianapolis,Indiana 46204. Wage rates on the project shall not be less than the federal Davis Bacon
Wage scale published by the U.S. Department of Labor the Friday before the Bid Opening date.
Bidders on this work shall be required to comply with the provisions of the President's Executive
Order No. 11246,as amended. The Bidders shall also comply with the requirements of 41 CFR Part
60—4 entitled Construction Contractors -Affirmative Action Requirements. A copy of 41 CFR Part
60 — 4 may be found in the Supplemental General Conditions of the Contract Documents and
Specifications.
The Bidders attention is also called to the "Minority/Women Business Participation" requirements i
contained in the Project Specifications. Contract procurement is subject to the federal regulations
contained in the OMB Circular A-102, Sections B and 0 and the State of Indiana requirements
contained in IC-36-1-9 and IC-36-1-12.
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The Owner reserves the right to reject and/or cancel any and all Bids, solicitations and/or offers in
whole or in part as specified in the solicitation when it is not in the best interests of the governmental
body as determined by the purchasing agency in accordance with IC 5-22-18-2. The Owner.also
reserves the right to waive irregularities in any Bid, and to accept any Bid which is deemed most
favorable to the Owner. I
Christine Pauley
Clerk Treasurer
City of Carmel,Indiana I
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Advertisement for Blds
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INSTRUCTIONS TO BIDDERS
1. Defined Terms
Terms used in these Instructions to Bidders, which are defined in the General Conditions, have the
meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions
to Bidders have the meanings indicated below, which are applicable to both the singular and plural
thereof.
1.1 Bidder - One who submits a Bid directly to Owner as distinct from a sub-bidder, who
submits a bid to a Bidder.
1.2 Issuing Office - The office from which the Bidding Documents are to be issued and
where the bidding procedures are to be administered.
1.3 Successful Bidder-The Bidder to whom Owner(on the basis of Owner's
evaluation as hereinafter provided)makes an award.
2. Copies of Bidding Documents
2.1 Complete sets of the Bidding Documents may be obtained as stated in the Advertisement.
2.2 Complete sets of Bidding Documents shall be used in preparing Bids;neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the
use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a
license or grant for any other use.
3. Qualifications of Bidders.
To demonstrate qualifications to perform the Work,each Bidder must be prepared to submit with five(5)
days of Owner's request,written evidence,such as financial data,previous experience,present
commitments,equipment manufacturers to be used,subcontractors and a list of key personnel proposed
for the Project along with their experience. The evaluation of the Bidder's qualifications will be based on
all of the written evidence presented. Each Bid must contain evidence of Bidder's qualification to do
business in the state where the Project is located or covenant to obtain such qualification prior to award of
the Contract.
4. Examination of Contract Documents and Site.
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4.1 It is the responsibility of each Bidder before submitting a Bid to:
C-66G Water Transmission Main/451-7272 I-1 CITY OF CARMEL
Instructions to Bidders
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4.1.1 Examine thoroughly the Contract Documents and other related data identified in
the Bidding Documents(including"technical data"referred to below);
4.1.2 Visit the site to become familiar with and satisfy Bidder as to the general, local
and site conditions that may affect cost, progress, performance or furnishing of
the Work;
4.1.3 Consider federal, state and local Laws and Regulations that may affect cost, I
progress,performance or furnishing of the Work;
4.1.4 Study and carefully correlate Bidder's knowledge and observations with the
Contract Documents and such other related data;and
4.1.5 Promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies,
which Bidder has discovered in or between the Contract Documents and such
other related documents.
4.2 Reference is made to the General,and Special Conditions for identification of:
4.2.1 Those reports of explorations and tests of subsurface conditions at or contiguous
to the site, which have been utilized by Engineer in preparation of the Contract -
Documents. Bidder may rely upon the general accuracy of the technical data
contained in such reports but not upon other data, interpretations, opinions, or
information contained in such reports or otherwise relating to the subsurface
conditions at the site, nor upon the completeness thereof for the purposes of
bidding or construction.
4.2.2 Those drawings of physical conditions in or relating to existing surface and
subsurface structures (except Underground Facilities) which are at or contiguous
to the site that have been utilized by Engineer in preparation of the Contract
Documents.Bidder may rely upon the accuracy of the technical data contained in
such drawings but not upon the completeness thereof for the purposes of bidding
or construction.
4.2.3 Copies of such reports and drawings may be examined by any Bidder on request.
Those reports and drawings are not part of the Contract Documents, but the
"technical data" contained therein upon which Bidder is entitled to rely as
provided in Paragraph 4.2 of the General Conditions have been identified and 1 ,
established. Bidder is responsible for any interpretation or conclusion drawn
from any "technical data" or any such data, interpretations, opinions or
information.
4.3 ' Information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site is based upon information and data
furnished to Owner and Engineer by owners of such Underground Facilities or others, I_,
and Owner and Engineer do not assume responsibility for the accuracy or completeness
thereof unless it is expressly provided otherwise in the General Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders with respect to subsurface conditions, other physical conditions and
Underground Facilities, and possible changes in the Contract Documents due to differing
or anticipated conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.
4.5 Before submitting a Bid, each Bidder will be responsible to obtain such additional or L
C-660 Water T,ansrn ssion Main/45 t-7272 I-2 City of Carmel
Instructions to Bidders L
supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions(surface,subsurface,and Under-ground Facilities)at or contiguous
to the site or otherwise which may affect cost,progress,performance or furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences or
procedures of construction to be employed by Bidder and safety precautions and
programs incident thereto or which Bidder deems necessary to determine its Bid for
performing and furnishing the Work in accordance with the time, price and other terms
and conditions of the Contract Documents. I,
4.6 On request in advance,Owner will provide each Bidder access to the site to conduct such
explorations, tests and studies as each Bidder deems necessary for submission of a Bid.
Bidder must fill all holes and clean up and restore the site to its former condition upon
completion of such explorations, investigations,tests and studies.
4.7 Reference is made to the General and Special Conditions for the identification of the
general nature of Work that is to be performed at the site by Owner or others (such as
utilities and other prime contractors) that relates to the Work for which a Bid is to be
submitted. On request, Owner will provide to each Bidder for examination access to or
copies of Contract Documents (other than portions thereof related to price) for such
Work.
4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article, that without exception the
Bid is premised upon performing and furnishing the Work required by the Contract
Documents and applying the specific means, methods, techniques, sequences or
procedures of construction (if any)that may be shown or indicated or expressly required
by the Contract Documents,that Bidder has given Engineer written notice of all conflicts,
errors, ambiguities and discrepancies that Bidder has discovered in the Contract
Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and
that the Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the Work.
4.9 The provisions of 4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated
biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by
Paragraph 4.5 of the General Conditions.
5. Availability of Lands for Work.
The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and
other lands designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be incorporated in the Work are to be
provided by Contractor. Easements for permanent structures or permanent changes in existing structures
are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.
6. Interpretations and Addenda
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6.] All questions about the meaning or intent of the Bidding Documents are to be directed to
Engineer. Interpretations or clarifications considered necessary by Engineer in response
to such questions will be issued by Addenda, mailed or delivered to all parties recorded
by Engineer as having received the Bidding Documents.Questions received less than ten
(10) days prior to the date for opening of Bids may not be answered. Only questions
answered by formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer.
C-66G Water Transmission Maud451-7272 I-3 CITY OF CARMEL
Instructions to Bidders
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7. Bid Security
7,1 Each Bid must be accompanied by Bid security made payable to Owner in an amount
stated in the Advertisement/Notice to Bidders and in the form of a certified or bank check
or a Bid Bond (materially similar to the form attached) issued by a Surety meeting the
requirements of Paragraph 5.1 of the General Conditions.
7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Agreement, furnished the required contract security, and met the other conditions of
the Notice of Award, whereupon the Bid security will be returned. If the successful ,
Bidder fails to execute and deliver the Agreement and furnish the required contract Isecurity within fifteen(15)days after the Notice of Award, Owner may annul the Notice
of Award and the Bid security of that Bidder will be forfeited.The Bid security of other
Bidder(s) whom Owner believes to have a reasonable chance of receiving the award-may
be retained by Owner until the earlier of seven (7) day after the Effective Date of the
Agreement or the time specified in the Advertisement/Notice to Bidders, whereupon Bid
security furnished by such Bidders will be returned. Bid security with Bids which are not
competitive will be returned within seven(7)days after the Bid opening,
8. Contract Time
The number of days within which, or the dates by which, the Work is to be substantially completed and
also completed and ready for final payment (the term "Contract Times" is defined in Paragraph 1.12 of
the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the
attached Bid Form).
9. Liquidated Damages
Provisions for liquidated damages,if any,are set forth in the Agreement.
10. Substitute and "Or-Equal"Items
The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or ! .
specified in the Specifications without consideration of possible substitute or"or-equal" items. Whenever
it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of
material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for I
such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The
procedure for submittal of any such application by Contractor and consideration by Engineer is set forth
in paragraphs 6.7.1.,6.7.2.,and 6.7.3.of the General Conditions and may be supplemented in the General
Requirements.
11. Bid Form.
11.1 The Bid Form is included with the Bidding Documents. Additional copies may be
obtained from the Engineer(or Issuing Office),
11.2 All blanks on the Bid Form must be completed by printing in ink or by typewriter, The I s
Bid price of each item on the form must be stated in words and numerals. In the case of a
conflict,words will take precedence. I
11.3 Bids by corporations must be executed in the corporate name by the president or vice
president(or other corporate office accompanied by evidence of authority to sign)and the
corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address and the state of incorporation must be shown below the signature.
11.4 Bids by partnerships must be executed in the partnership name and signed by the general f
C.66G Water Transmission Main/451-7272 I-4 City of Carmel
Instructions to Bidders
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partner, whose title must appear under the signature, and official address of the
partnership must be shown below the signature.
11.5 All names must be typed or printed in blue ink below the signature.
11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of
• which must be filled in on the Bid Form).
11.7 The address and telephone number for communications regarding the Bid must be shown.
11.8 Evidence of authority to conduct business as an out-of state corporation in the State of
Indiana shall be provided. State contractor license number must also be shown.
11.9 In all unit price items, the Bidder shall fill in the unit price for each item and in addition
thereto make an extension based on the estimated quantities.
12. Submission of Bids.
Bids shall be submitted at the time and place indicated in the Advertisement/Notice to Bidders and shall
be enclosed in an opaque sealed envelope,marked with the Project title(and,if applicable,the
designation portion of the Project for which the Bid is submitted)marked"Bid Enclosed"and name and
address of Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent
through the mail or other delivery system, the sealed opaque envelope shall be enclosed in a separate
envelope with the notation"BID ENCLOSED"on the face of it.
13. Opening of Bids.
Bids will be opened and(unless obviously non-responsive)read aloud at the place where Bids are to be
opened. An abstract of the amounts of the base Bids and Alternates(if any)will be made available to
Bidders after the opening of Bids.
14. Bids to Remain Subject to Acceptance.
All Bids shall remain subject to acceptance for the time stated in the Advertisement,but Owner may,in
its sole discretion,release any Bid and return the Bid Security prior to that date.
15. Award of Contract
15.1 Owner reserves the right to reject any and all Bids, including without limitation the rights
to reject any and all nonconforming,non-responsive,unbalanced or conditional Bids and
to reject the Bid of any Bidder if Owner believes that it would not be in the best interest
of the Project to make an award to that Bidder,whether because the Bid is not responsive
or the Bidder is unqualified or of doubtful financial ability or fails to meet any other
pertinent standard or criteria established by the Owner. The Owner reserves the right to
waive any and all informalities not involving price, time, or changes in the Work and to
negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication
of units of Work and unit prices will be resolved in favor of the unit prices.Discrepancies
between the indicated sum of any column of figures and the correct sum thereof will be
resolved in favor of the correct sum. Discrepancies between words and figures will be
resolved in favor of words.
15.2 In evaluating Bids, Owners will consider the qualifications of the Bidder, whether or not
the Bids comply with the prescribed requirements, and such alternates, unit prices, and
other data as may be requested in the Bid Form or prior to the Notice of Award.
15.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and
C-66G Water Transmission Ma n/451-7272 I-5 CITY OF CARMEL
Instructions to Bidders
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other persons and organizations proposed for those portions of the Work as to which the
identity of Subcontractors and other persons and organizations must be submitted as r
provided in the General Conditions. Owner also may consider the operating costs,
maintenance requirements,performance data,and guarantees of major items of materials
and equipment proposed for incorporation in the Work when such data is required to be
submitted prior to Notice of Award.
15.4 Owner may conduct such investigations as Owner deems necessary to assist in the r,
evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of Bidders, proposed Subcontractors, Suppliers, and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time.
15.5 If the Contract is to be awarded, it will be awarded to the lowest responsive,responsible
Bidder and whose evaluation by Owner indicates to Owner that the award will be in the best, 'interests of the Project.
15.5.1 Each bidder agrees to waive any claim it has or may have against the Owner,the
Engineer,and their respective employees,arising out of or in connection with the
administration,evaluation,or recommendation of any Bid.
15.6 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of
Award within the time stated in the Advertisement after the day of the Bid opening.
16. Notice of Award and Award Procedure •
16.1 Prior to execution of the Agreement, the Owner will issue to the successful Bidder a
Notice of Award stating that its Bid was the responsible and responsive bid and that the
enclosed Agreement is submitted for execution without further negotiation. If the
successful bidder finds it in accordance with the Bidding Documents,it is to be returned
to the Owner by certified mail or in person within fifteen(15) calendar days after receipt
for further execution and with the caution that a contract will not exist until it is signed by
all signatories required. Failure to execute the proper Agreement and furnish the
ancillary documents shall constitute reason for surrender of the Bid Bond or certified
check.
17. Contract Security
Paragraph 5.1 of the General Conditions sets forth Owner's requirements as to performance and payment 1
and other Bonds. When the Successful Bidder delivers the executed Agreement to the Owner,it must be
accompanied by the performance and payment Bonds as required.
18. Signing of Agreement [-,
When Owner gives a Notice of Award to the Successful Bidder,it will be accompanied by at least five(5)
unsigned counterparts of the Agreement with all other written Contract Documents attached. Within
fifteen(15) days thereafter Contractor shall sign and deliver at least three counterparts of the Agreement
and attached documents to Owner with the required Bonds. Within fifteen days thereafter, Owner shall
deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete
set of the Drawings with appropriate identification. '
19. Retainage 1_,
The Owner will retain an amount of each progress payment in accordance with the Agreement and the
Laws and Regulation governing the Project,
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C-66G Water Transmission Mainl45I-7272 I-6 City of Carmel
Instructions to Bidders L
20. Indiana Revised Form 96
Each Bidder shall submit State of Indiana,Revised Form 96 with and as a part of their Bid.
21. Confined Space Program
The successful Bidder will be required to sign the City of Cannel's Confined Space Requirement
Acknowledgement form included in the Contract Documents.
22. Project Clarifications
This Project is being constructed using State Revolving Funds(SRF)and as such requires the contractor
to read and complete forms listed in the SRF section.
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23. Wage Rates
The Bidder to whom the Contract is awarded will be required to pay as a minimum, the Davis Bacon
wage rates, current throughout the work. Wage rates received for this project are included in the Special
Conditions.
24. Protest
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24.1 A protest based upon all alleged violation of the procurement requirements of 40 CFR
• Part 33 may be filed against the OWNER's procurement action by a party with an
adversely affected direct financial interest.The protest shall be filed with the OWNER.
24.2 A protest shall be filed as early as possible during the procurement process, but must be
received by the OWNER no later than one week after the basis of the protest is known or
should have been known,whichever is earlier. If the protest is mailed,the protester bears
the risk of non-delivery within the required time period.
24.3 A protest must clearly present the procurement requirement being protested, the
procurement regulation in alleged noncompliance, and the facts which support the
protest, and any other information necessary to support the protest.
25. Subcontractors
The successful contractor will need to provide a complete list of subcontractors to enable verification of
non-debarment prior to Award of Contract. Any additional subcontractors must be submitted one week
before they begin work on site.
26. MBE/WBE Requirements
This project has a 7% MBE goal and a 5%WBE goal. The Apparent Successful Bidder on this
project will be required to complete and submit prior to Award of Contract, the Good Faith
Efforts Worksheet included in Supplemental Conditions.
27. Nondiscrimination and Nonsegregation Requirements
The Apparent Successful Bidder on this project will need to complete and submit prior to Award
of Contract, the Certifications of Nonsegregation and Nondiscrimination (Forms OEE-1 &OEE-
2)included in Supplement Conditions.
28. American Iron&Steel Requirements
The Contractor,subcontractors and all suppliers shall conform with the American Iron and Steel
Act. The Act states:
Sec.436.(a)(1)None of the funds made available by a State water pollution
control revolving fund as authorized by title VI of the Federal Water Pollution
Control Act(33 U.S.C. 1381 et seq.)or made available by a drinking water treatment
revolving loan fund as authorized by section 1452 of the Safe Drinking
C-66G Water Transmission Main/451-7272 I-7 CITY OF CARMEL
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Water Act(42 U.S.C.300j-12)shall be used for a project for the construction,alteration,
maintenance,or repair of a public water system or treatment works unless all of the iron
and steel products used in the project are produced in the United States. I
(2)In this section,the term "iron and steel products"means the following products
made primarily of iron or steel: lined or unlined pipes and fittings,manhole covers and
other municipal castings,hydrants,tanks,flanges,pipe clamps and restraints,valves,
structural steel,reinforced precast concrete,and construction materials.
The Contractor will be required to provide certification from all suppliers of iron and steel goods
on this project showing that they comply with the American Iron and Steel Act requirements, A r
sample certificate is included in the Supplemental Conditions.
29. SRF Requirements
The Apparent Low Bidder will be required to complete the appropriate forms located in
Supplemental Conditions Sections;SRF Addendum; Certification of Non-Segregated Facilities
&Non-Discrimination;and Federal Construction Contract Provisions.
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REQUEST FOR CLARIFICATION
RFC #
Date:
Project Title: US 31 Crossing Water Transmission Main, Contract 66G
Project Owner: City of Carmel, Indiana
Engineer: Jones & Henry Engineers, Ltd.
Contractor:
Phone#:
Fax#:
rRef. Drawing Nos.: r Spec. Sect.
Clarification Request:
Response needed by:
Note: All responses will be made in writing and distributed to all bidders.
C-66G Water Transmission Main/451-7272 (RC-1) CITY OF CARMEL
Request for ClariticaUon
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Bid Summary
And
Bidder Reminder List to be Included in Bid Package for Bid Opening
Complete the fpllowing information 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 envelop.
BIDDER:
t J eS'i-- 'Pam N 1 L L G
Project Name: US 31 Crossing Water Transmission Main, Contract 66g
Date Submitted: October 2, 2019
Phase I Bid Amount: $ 48 _ _
Phase II Bid Amount: $
Bidding Requirement: Yes No
Properly and completely executed Form No. 96 Bid Form.
Included your company's Financial Statement (Part II, Section III).
Non-Collusion Affidavit is part of the New Bid Form and is notarized.
Enclosed a certified check or Bid Bond (Signed by Surety and Principal). >
Indicated the Project Name and Description on the outside of your Bid
•
envelope along with the term "Sealed Bid."
Complete & Enclose GPR Bid Breakdown, Attachment G in the Special
Conditions.
IF ANY OF THE REQUIRED BIDDING DOCUMENTS ARE NOT INCLUDED, DATED OR
PROPERLY EXECUTED, THE BIDDER'S BID MAY NOT BE ACCEPTED OR REJECTED.
C-66G Water Transmission Maln/451-7272 BT-1
CITY OF CARMEL
Bld Summary Page
BME 1645001v2
EXHIBIT A
BID
CONTRACT IDENTIFICATION: US 31 Crossing, Water Transmission Main, Contract
66G, Phase I & II.
THIS BID IS SUBMITTED TO: City of Carmel, Indiana
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter
into the Agreement with OWNER in the form included in the Contract Documents
to perform and furnish ail Work as specified or indicated in the Contract
Documents for the Bid Price and within the Bid Time indicated in the Agreement
and in accordance with the other terms and conditions of the Contract
Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement / Notice to
Bidders and Instructions to Bidders, including without limitation those dealing with
the disposition of Bid security. This Bid will remain subject to acceptance for
ninety (90) days after the day of Bid opening. BIDDER will sign and submit the
Agreement with the required Performance and Payment Bonds and other
documents required by the Bidding Requirements within fifteen (15) days after
the date of OWNER's Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the
Agreement, that:
a. BIDDER has examined and carefully studied the Bidding Documents and
the following Addenda, receipt of all which is hereby acknowledged: (List
Addenda by Addendum Number and Date.)
Number Date Number Date
.i I /ao19
b. BIDDER has visited the site and become familiar with and is satisfied as to
the general, local and site conditions that may affect cost, progress,
performance and furnishing of the Work.
c. BIDDER is familiar with and is satisfied as to all federal, state and local
Laws and Regulations that may affect cost, progress, performance, or
furnishing of the Work.
d. BIDDER has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of
physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground Facilities)
which have been identified in the Special Conditions as provided in
paragraph 4.2.1 of the General Conditions. BIDDER accepts the
determination set forth in paragraph GC-4.2 of the General Conditions of
• I
C-66G Water Transmission Mair✓451-7272 CITY OF CARMEL
13-I Addendum 1 Bid
1
the extent of the "technical data" contained in such reports and drawings
upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the
General Conditions. BIDDER acknowledges that such reports and
drawings are not Contract Documents and may not be complete for
BIDDER's purposes. BIDDER acknowledges that OWNER and
ENGINEER do not assume responsibility for the accuracy of
completeness of information and data shown or indicated in the Bidding i
Documents with respect to Underground Facilities at or contiguous to the
site. BIDDER has obtained and carefully studied (or assumes
responsibility for having done so) all such additional or supplementary
examinations, investigations, explorations, tests, studies and data
concerning conditions (surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost, progress, ( '
performance or furnishing of the Work or which relate to any aspect of the
means, methods, techniques, sequences and procedures of construction
to be employed by BIDDER and safety precautions and program incident
thereto. BIDDER does not•consider that any additional examinations,
investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and furnishing of the Work in
accordance with times, price and other terms and conditions of the
Contract Documents.
e. BIDDER is aware of the general nature of the Work to be performed by
Owner and others at the site that relates to Work for which this Bid is
submitted as indicated in the Contract Documents.
f. BIDDER has correlated the information known to BIDDER, information
and observations obtained from visits to the site, reports and drawings
identified in the Contract Documents and all additional examinations,
investigations, explorations, tests, studies and data with the Contract
Documents.
g. BIDDER has given ENGINEER written notice of all conflicts, errors,
ambiguities or discrepancies that BIDDER has discovered in the Contract ,
Documents and the written resolution thereof by ENGINEER is acceptable
to BIDDER, and the Contract Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid is submitted.
h. This Bid is genuin.e and not made in the interest of or on behalf of any
undisclosed person, firm, or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization, or
corporation; BIDDER has not directly or indirectly induced or solicited any
other Bidder to submit a false or sham Bid; BIDDER has not solicited or 1 ,
induced any person, firm, or corporation to refrain from bidding; and
BIDDER has not sought by collusion to obtain for itself any advantage
over any other Bidder or over OWNER. l ,
4. BIDDER will complete the Work for the unit prices shown on the following pages:
l.�
C-66G Water Transmission Main/451-7272 CITY OF CARMEL
B-2 Addendum 1 Bid
L.�
CARMEL,INDIANA
CONTRACT 66G
The items listed herein will constitute a complete Contract. A Bid must be made on each Item with no qualifying statement. Bidder acknowledges that quantities are not guaranteed,
and final payment will be based on actual quantities determined as provided in the Contract Documents. All specific cash allowances are included in the prices set forth below and
have been computed in accordance with paragraph 11.8 of the General Conditions. The Owner reserves the right to Award the Phase I Bid by itself or the Phase I & Phase II bids
together as the Owner determines is in their best interest. Evaluation of bids will be based the Project Awarded, either Phase I or Phase I & II.
Item Phase I Estimated Unit Unit Price in Figures Total Unit Price in Words Total Estimated Cost of
No. Description Amount Item
1 Mobilization & Demobilization I LS
320,000 00 Three Hundred twenty thousand 320,000 00
2 Audio-Video Recording 1 LS
1000 00 One thousand 1000 00
280 00 Two hundred eighty 317,800 00
3b 30-Inch Class 350 DIP Water Main 1135 LF
3c 36-Inch Class 250 DIP Water Main 1450 LF
335 00 Three hundred thirty-five 485,750 00
3d Additional 36- Inch DIP 45 deg. 2 EA 10,000 00 Ten thousand 20,000 00
Fittings
3e Additional 36- Inch DIP 22.5 deg. 2 EA 9000 00 Nine thousand 18,000 00
Fittings
2000 00 Two thousand 12,000 00
3f Additional 36-Inch Joint Restraints 6 EA
3h 30- Inch Polyethylene Liner 1135 LF
3 00 Three 3405 00
4 00 Four 5800 00
3i 36-Inch Polyethylene Liner 1450 LF
3j Cathodic Protection Test Station 1 EA
1500 00 One thousand five hundred 1500 00
4a 20-Inch Connection to new 36-in.DIP I EA 50,000 00 Fifty thousand 50,000 00
atlllinois Road
5b 30-Inch Butterfly Valve 1 EA 40,000 00 Forty thousand 40,000 00
Sc 36-Inch Butterfly Valve 2 EA 45,000 00 Forty-five thousand 90,000 00
6 51-Inch Minimum,Bored Casing Pipe 300 LF 1050.00 One thousand fifty 315,000.00
CITY OF CARMEL
C-66G Water Transmission Main/451-7272 B-3 Addendum I Bid
CARMEL,INDIANA
CONTRACT 66G
The items listed herein will constitute a complete Contract. A Bid must be made on each Item with no qualifying statement. Bidder acknowledges that quantities are not guaranteed,
and final payment will be based on actual quantities determined as provided in the Contract Documents. All specific cash allowances are included in the prices set forth below and
have been computed in accordance with paragraph 11.8 of the General Conditions. The Owner reserves the right to Award the Phase I Bid by itself or the Phase I & Phase II bids
together as the Owner determines is in their best interest. Evaluation of bids will be based the Project Awarded, either Phase I or Phase I & II.
Item Estimated Total Estimated
No. Description Unit Unit Price in Figures Total Unit Price in Words
Amount Cost of Item
7b Hydrant Assembly on 30-Inch Main 2 EA 11,000 00 Eleven thousand 22,000 00
7c Hydrant Assembly on 36-Inch Main 2 EA 16,000 00 Sixteen thousand 32,000 00
8a Special BackfilI 250 CY 50 00 Fifty 12,500 00
8b Controlled Density Fill 10 CY 250 00 Two hundred fifty 2500 00
9a 4-inch Concrete Sidewalk 150 SF 8 00 Eight 1200 00
9b Curb and Gutter 160 LF 60 00 Sixty 9600 00
l0a 12-Inch Aggregate Base 50 CY 50 00 Fifty 2500 00
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10b 4-Inch Bituminous Leveling Course 30 TON 350 00 Three hundred fifty 10,500 00
lOc 1-1/2-Inch Bituminous Wearing 10 TON 700 00 Seven hundred 7000 00
Course
I I Seed&Mulch(1NDOT,Type U, 4400 SY 2 50 Two dollars and fifty cents 11,000 00
Section C-02800)
12a Tree,2-Inch Diameter,Replacement 10 EA 550 00 Five hundred fifty 5500 00
12b Tree, 8- Inch Diameter& Greater 20 EA 700 00 Seven hundred 14,000 00
Removal
13 Erosion Control 1 LS 3000 00 Three thousand 3000 00
14 Record Documentation 1 LS 2000 00 Two thousand 2000 00
One million eight hundred fifteen thousand five hundred fifty- 1,815,555 00
Phase I Bid Total Estimated Construction Cost: five dollars
CITY OF CARMEL
C-66G Water Transmission Main/451-7272 B-4 Addendum 1 Bid
CARMEL,INDIANA
CONTRACT 66G
The items listed herein will constitute a complete Contract A Bid must be made on each Item with no qualifying statement. Bidder acknowledges that quantities are not guaranteed,
and final payment will be based on actual quantities determined as provided in the Contract Documents. All specific cash allowances are included in the prices set forth below and
have been computed in accordance with paragraph 11.8 of the General Conditions. The Owner reserves the right to Award the Phase I Bid by itself or the Phase I & Phase II bids
together as the Owner determines is in their best interest. Evaluation of bids will be based the Project Awarded, either Phase I or Phase I & II.
Item Phase II Estimated Unit Price in Figures Total Estimated
No. Description Amount Unit Total Unit Price in Words
Cost of Item
1 Mobilization & Demobilization 1 LS 269,300 00 Two hundred sixty-nine thousand 269,300 00
three hundred
2 Audio-Video Recording 1 LS 1000 00 One thousand 1000 00
3a 16-Inch Class 350 DIP Water Main 2100 LF 170 00 One hundred seventy 357,000 00
3g 16- Inch Polyethylene Liner 2100 LF 2 00 Two 4200 00
4b Connection at Station 0+50 1 EA 8000 00 . Eight thousand 8000 00
4b Connection at College Drive 1 EA 12,000 00 Twelve thousand 12,000 00
4c Connection at Congressional 1 EA 12,000 00 Twelve thousand 12,000 00
Parkway
4d Connection at 116th Street 1 EA 13,000 00 Thirteen thousand 13,000 00
4e Service Connection(2-inch) 5 EA 8000 00 Eight thousand 40,000 00
4f Service for Fire Protection (6-inch) 5 EA 10,000 00 Ten thousand 50,000 00
5a 16-Inch Butterfly Valve 6 EA 5000 00 Five thousand — 30,000 00
7a Hydrant Assembly on 16-Inch Main 3 EA 7000 00 Seven thousand 21,000 00
7d Hydrant Assembly Removal 3 EA 1000 00 One thousand 3000 00
8a Special Backfill 2500 CY 1 00 One 2500 00
CITY OF CARMEL
C-66G Water Transmission Main/451-7272 B-5 Addendum I Bid
•
CARMEL,INDIANA
CONTRACT 66G
The items listed herein will constitute a complete Contract. A Bid must be made on each Item with no qualifying statement. Bidder acknowledges that quantities are not guaranteed,
and final payment will be based on actual quantities determined as provided in the Contract Documents. All specific cash allowances are included in the prices set forth below and
have been computed in accordance with paragraph 11.8 of the General Conditions. The Owner reserves the tight to Award the Phase I Bid by itself or the Phase 1 & Phase II bids
together as the Owner determines is in their best interest. Evaluation of bids will be based the Project Awarded, either Phase I or Phase I & II.
Item Estimated Unit Price in Figures Total Estimated
No. Phase II Description Amount Unit Total Unit Price in Words Cost of Item
9a 4-inch Concrete Sidewalk 300 SF 8 00 Eight 2400 00
9b Straight Curb 2000 LF 35 00 Thirty-five 70,000 00
10a 12-Inch Aggregate Base 500 CY SO 00 Fifty 25,000 00
10b 4-Inch Bituminous Leveling Course 330 TON 65 00 Sixty-five 21,450 00
10c 1-1/2-Inch Bituminous Wearing 160 TON 80 00 Eighty 12,800 00
Course
00
10d Pavement Markings 2500 LF 1 One 2500 00
11 Seed&Mulch(INDOT,Type U, 160 SY 15 00 Fifteen 2400 00
Section C-02800)
12a Tree,2-Inch Diameter,Replacement 2 EA 550 00 Five hundred fifty 1100 00
13 Erosion Control 1 LS 2000 00 Two thousand 2000 00
14 Record Documentation 1 LS 2000 00 Two thousand 2000 00
12-Inch Storm Sewer,PVC,SDR-35 80 00 Eighty 11,200 00
15 or PE Profile Wall Pipe 140 LF
16 Inlet 5 EA 2500 00 Two thousand five hundred 12,500 00
Nine hundred eighty-eight thousand three hundred fifty 988,350 00
Phase II Bid Total Estimated Construction Cost:
CITY OF CARMEL
C- 6G Water Transmission Main/451-7272 B-6 Addendum 1 Bid
{
All specific cash allowances are included in the price set forth above and have been
computed in accordance with paragraph 11.2 of the General Conditions.
4A. LISTED "OR-EQUAL" OR SUBSTITUTIONS
a. The name or make of any piece of equipment or material of construction
specified in Part C of the Contract Documents or indicated on the
Drawings shall be used in determining the Base (and Alternate) Bid(s).
Where two or more Equipment or Product Manufacturers are named,
Bidders may use any of the named. Bidder may offer "Or-Equal" or
substitutions for specified Equipment or Product Manufacturer, provided
they name on the Bid Substitution List the "Or-Equal" or substitute offered
together with the total amount to be added to, or deducted from the
amount of their Base (and Alternate) Bid(s) for the corresponding Project
item.
b. All provisions for review and acceptance of an offered substitute shall
comply with the Contract Documents. Owner reserves the right to accept
or reject any offered substitute.
c. If the Bidder names no substitute on his "Bid Substitution List" the
specified Equipment or Product Manufacttrers shall be used. No
additional substitutes may be offered for items on the "Bid Substitution
List" subsequent to the award of the Contract.
BASE BID SUBSTITUTION LIST
Specified Equipment
Section/ of Product Substitute Total Total
Subsection Manufacturer Offered Addition Deduction
4B. Contract award shall be without regard for Substitute Equipment or
Manufacturers. Evaluation of bids and Award will be based on the Phase I Bid or
the Phase I & Phase II Bids at the discretion of the Owner. The Phase II Bid will
not be Awarded without the Phase I Bid. The Owner reserves the right to award
or not award the Phase II Bid. The Base Bid and Alternative Bid Items shall
include the specified equipment or manufactures and not in clued the Substitute
Equipment or Manufacturers.
5. BIDDER agrees that the Work will be substantially complete and completed and
ready for final payment in accordance with paragraph 14.7.2 of the General
Conditions on or before the dates or within the number of calendar days
indicated in the Agreement.
BIDDER accepts the provisions of the Agreement as to liquidated damages in
the event of failure to complete the Work within the times specified in the
Agreement.
CITY OF CARMEL
C-66G Water Transmission Main/451-7272 B-7 Addendum 1 Bid
1
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6. The following documents are attached to and made a condition of this Bid: �l
a. Required Bid Security in the form of Surety Bond or Certified Check.
b. Indiana Revised Form 96.
7. Communications concerning this Bid shall be addressed to the address of
BIDDER indicated below Bidder's signature or to the following address:
1 `
8. The terms used in this Bid which are defined in the General Conditions or
Instructions will have the meanings indicated in the General Conditions or ] '
Instructions. I
1.0
Submitted on , 20 IC? `
If BIDDER is: •
An Individual
By
(Individual's Signature)
Doing business
as
Business
Address:
I
l
Phone No.:
A Partnership L,
By
(Firm Name)
(General Partner's Signature) L
(Title)
Business
Address:
L
CITY OF CARMEL
C-66G Water Transmission Main/451-7272 9 - 8 Addendum I Bid
Phone No.:
A Corporation
By MtaLae.S* ?Qvirx LL
(Corporation-game)
(State of I I r:
(P in d Name and Signature of erson A razed to Sign)
(Title)
(Corporate Seal)
Attest C , r)
(Secretary)
Corporate
Address: 16/05 -R►t1.k.rZ. ►�C
tea a}Sv i IL_ T'r4 '/ c
Phone No.: 3 776- 8.?
Date of Qualification to do Business
is: /90 ! 3
A Joint Venture
By
(Signature)
(Address)
By
(Signature)
(Address)
Phone Number and Address for Receipt of Official Communications
CITY OF CARMEL
C-66G Water Transmission Main/451-7272 B-9 Addendum 1 Bid
r
(Each joint venturer must sign. The manner of signing for each individual, partnership,
and corporation that is a party to the joint venture should be in the manner indicated
above).
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CITY OF CARMEL L
C-66G Water Transmission Main/451-7272 B-10 Addendum 1 Bid
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EJ CDC= PENAL SUM FORM
Ek01REER0 101M CONTRACT
DOCUMENTS COMMITTEE
Bid Bond
Any singular reference to Bidder,Surety,Owner or other party shall be consideredplural where applicable.
BIDDER(Name and Address):
Midwest Paving, LLC.
16105 River Road,Noblesville, IN 46062
SURETY(Name, and Address of Principal Place of Business):
Fidelity and Deposit Company of Maryland
1299 Zurich Way,5th Floor,Schaumburg,IL 60196-1056
OWNER(Name andAr'dress):
Carmel Utilities
30 W.Main St., Carmel, IN 46032
BID
Bid Due Date: October 2,2019
Description Project Name—include.Zocation);City of Carmel Utilities US 31 Crossing Water Transmission
Main Contract 66G
BOND
Bond Number: Bid Bond
Date: October 2, 2019
Penal sum Ten Percent of Amount Bid $ 10%
(Words) (Figures)
Surety and Bidder,intending to be legally bound hereby,subject to the terms set forth below,do each cause this
Bid Bond to be duly executed by an authorized officer,agent,or representative.
BIDDER SURETY
Midwest Paving, LLC (Seal) Fideli and De•osit Com•an of Ma land..
Bidder's Na orate Seal Surety's Name and Corporate Seal v* ; s,• ••
.- it, S
By: By: /i I! ± *"..'
Si aatiii Signature(Attach Power of A` •,r )1890 ,
f"t0, 1R�-LQ.�-( Lisa M.Becker ` � `0
PrintName —J Print Name
V M i
Attorney-in-Fact
Title Title --
Attest: 4.13S61A ) Attest:
azure Signature David M.Oliger
A0 '" Y�J. XJ�-- Surety A oun presentative
Tie Title
Note:Addresses are to be used for giving any required notice.
Provide execution by any additional parties,such as joint venturers, if necessary. •
L.1CDCO CA30,Did Bond(Penal Sum Form),Published 2013. (SA 07115)
Prepared by t1Te Engineers Joint Contract Documents Committee.
00430-1
s 1'
EJCDC PENAL SUM FORM
ENamt1EEP9 JOINT CONTIUCT
DOCUMENTS COMMUTE(
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. Payi'nent of the penal
sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be
Owner's sole and exclusive remedy upon default of Bidder.
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 Doeuinents
3. This obligation shalt he null and void ift
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 A31 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 of 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.
S. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice ofAward
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 the 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 notice of defhuitrequired I •
in Paragraph 4 above is received by Bidder and Surety and in no case later Than one year after the Bid due date.
7. My suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the I ,
state in which the 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 I I •
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 of 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 heroin 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 I
remainder ofthis Bond that is not in conflict therewith shall continue in full force and effect
11. The term"Bid"as used herein inoludes a Bid,offer,or proposal as applicable.
EJCDC'C430,laid ItonU(Penal Sum Form).Published 2013. (EA 07115)
Prepared by the Engineers Joint Contract Documents Committee.
004301
L
Bond Number Bid Bond
Obligee Carmel Utilities
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,
and appoint Lisa M. Becker its true and lawful agent and Attorney-in-Fact,to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such
bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes,as if they had been duty executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
• FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
BAt.
By: Robert D.Murray r3•�
Vice President '"'
J��uoNr
e �
, v
r �x
,fir i o*4
A it
By: Dawn B.Brown 3 a C
,�
Secretary
State of Maryland
County of Baltimore
On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.
Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who
executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of
the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
,,tttttun/p/
t:f t a4
>)
,`Uut��y Constance A.Dunn,Notary Public
a),t .y���,,+ My Commission Expires:)uly 9,2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recoguizances, stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May,1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 2nd day of October ,2019 .
14F,LnikeN—
SEAL
a14• 13# prig*
Brian M.Hodges,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
www.reportsfclaims@zurichna.com
800-626-4577
I I
STATE OF INDIANA ) ,
) SS:
COUNTY OF kilimkJ42a)
Before me, the undersigned nota public, ap eared /�Q.7' /5 _//e �—and
being duly sworn, on his oath says th.'1she is tQsIcL.tU'LF of M, ,.r/eS
n`l,LC_ on IUS-31 Crossing, Water Transmission Main Contract 66G
and affirmed that:
1. This Bid Proposal is submitted in good faith in the amount stated therein
and will be fulfilled according to the Bidding Documents (Agreement,
Specification(s), General and Special Conditions, Plans and Addendums
thereto), if the Bid Proposal is accepted;
2. The statements contained in the Non-Collusion Affidavit are true;
3. The statements contained in the Non-Discrimination Affidavit are true;
4. The information contained in Part it of the Bid Proposal experience
questionnaire, the plan and equipment questionnaire, the financial
statement, and the affidavit, all of which are commonly referred to as the
Form No. 96A, when required, is true, correct, and current.
•
*nature)
W �l/.�
(Printed or typed nam f Company)
(Must be signed by principal of organization)
STATE OF h CL _ ) I
SS:
COUNTY OF �tOnt.fdr) V) ) f
)1J 4 y personally appeared before e, a Notary Public, in
and for said County and S1 te, this P2�- day of OGfd,J/2 , 20/
after being duly sworn upon his oath, says that the facts alleged in the foregoing
affidavit are true. \\``�tt,,,,,,,,r��1//
My Corn is ion Expires: �`��,.• son�vy co�.so '%.
CM%)O,)a p1A�YPU6(1c ' Nota '/Public- Si�.na ure
My County of Residence: _ Comm.�i655240 ,�� P2A k. (- t SaA/
ivoiARYSfo�j.Csryry Notary Public— Printed Name
( SEAL) %J��•'ason bri•.•• �
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C-66G Water Transmission Main/451-7272 (SA-1) CITY OF ARMEL
Signature Affidavit
BME 1658865v1
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df • °- CONTRACTOR'S BID FOR PUBLIC WORK — FORM 96
AIlii State Form 52414(R2/2-13)/Form 96(Revised 2013)
/� Prescribed by State Board of Accounts
PARTI
(To be completed for all bids. Please type or print)
Date (month, day, year): October 2, 2019
1. Governmental Unit(Owner): City of Carmel Utilities
2. County: Hamilton
3. Bidder(Firm): Midwest Paving LLC 46-1269427
Address: 16105 River Road
City/State/ZIPcode: Noblesville, In 46062
4. Telephone Number: 317-776-8925
5. Agent of Bidder(if applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete
the public works project of US 31 Crossing Water Transmission Main Contract 66G
(Governmental Unit)in accordance with plans and specifications prepared by Jones& Henry Engineers, LTD
1980 East 116th Street, Suite 260 Carmel, IN 46032 // and dated October 2, 2019 for the sum of
M1I(rar dn Er�l4lul/ ril0wsa 11r'mkutii�cc�Titr4C- $ 2� g03, ?oS .
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). I hereby certify that I and all
subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I
understand that violations hereunder may result in forfeiture of contractual payments.
1
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ACCEPTANCE
The above bid is accepted this day of , subject to the r
following conditions:
Contracting Authority Members:
I ,
PART II
(For projects of$150,000 or more—IC 36-1-12-4)
Governmental Unit: City of Carmel Utilities
Bidder(Firm) Midwest Paving LLC 46-1269427 FIEN I '
Date (month, day,year): October 2, 2019
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 I .
1. What public works projects has your organization completed for the period of one(1)year prior to the
date of the current bid? I
Completion
Contract Amount Class of Work Date Name and Address of Owner
1,071,579.68 Road Rehabilitation November,2018 Zionsville 2018 GCMG I ,
1,947,316.25 Resurfacing November,2018 Westfield 2018 Resurfacing
1,743,308.00 Site December,2018 Village at the Fort Ph.3-Fort Harrison Reuse Authority I i
320,000.00 Road Rehabilitation July, 2018 Town of Cumberland Street Improvements
2. What public works projects are now In process of construction by your organization? I
Expected
Contract Amount Class of Work Completion Name and Address of Owner
Date Li
234,675.70 Road Construction Sept, 2019 Vandalia Overlook Sec 2
2,970,798.45 Resurfacing Nov, 2019 Westfield 2019 L
440,554.00 Resurfacing Oct, 2019 Towns of Avalon North
609,629,24 Resurfacing Sept, 2019 Westfield Midland Trace Trail Ph 3
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.
Valenti Held Developers Allan Valenti 317-769-6922
•
Detroit Salt Company John Shook 313-841-5144
Pulte Homes of Indiana Joe Marx 847-489-8816
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
1. 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 govemmental unit to consider your bid.)
Per Plans and Specifications all equipment as needed to perform said work.
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.
Indiana Signs and Barricades, Gridlock, Highway Safety Services
Javelina Milling, Mamco, Specialties Milling, McCrite Milling,CE Hughes-Milling
Calumet Civil Contractors, OLCO-Concrete
Pendleton Trucking
•
Otto's Parking Marking, Indiana Traffic Systems-Pavement Markings
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3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, I '
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 r.
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.
A list will be provided upon request, [
'
•
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.
All as necessary to perform work. 1 ,
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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.
yes
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SECTION III CONTRACTOR'S FINANCIAL STATEMENT 1 +
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.
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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.
r +
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 Noblesville this 2nd day of October , 2019
Midwe t Pavi g LLC
(Name of Organization)
By
Matt Kelley - sident
(Title of Person Signing)
ACKNOWLEDGEMENT
STATE OF Indiana
)ss
COUNTY OF Hamilton
Before me, a Notary Public,personally appeared the above-named Matt Kelley and
swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to before me this 2nd day of October 2019
ofary Public
\\\\\tN I I I I!/!{// •
My Commission Expires: 07/06/2022 �\\�cNDA /� �
8tson 6. ds�':
County of Residence: Madison NOrggy �!•:O
;72 „< 0(11
,//OF/N Dt PCB`\\\`\
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Part of State Form 52414(R2/2-13)/Form 96(Revised 2013)
BID OF
Midwest Paving LLC
(Contractor)
16105 River Road
(Address)
Noblesville,iN 46062
FOR
PUBLIC WORKS PROJECTS
OF
City of Carmel Utilities
• US 31 Crossing Water Transmission
Main Contract 66 G
Filed October 2nd 2019
Action taken
{
AFFIDAVIT OF NON-COLLUSION
The Bidder, by its officers and its agents or representatives present at the time of
filing the Bid Proposal, first duly sworn, on their oath say that neither they nor any
of them have in any way, directly or indirectly, entered Into any arrangement or
agreement with any other Bidder, or with any agent or representative of the
Owner whereby such affiant or affiants or either of them, has paid or is to pay to
such other Bidder anything of value whatever or such affiant or affiants or either
of them have not, directly or indirectly, entered Into any arrangement or
agreement with any other Bidder or Bidders which tends to or does lessen or
destroy free competition in the letting of the Agreement sought for by the
attached bid(s); but no inducement of any form or character other than that which
appears upon the face of the Bid Proposal will be suggested, offered, paid or
delivered to any person whatsoever to influence the acceptance of the Bid
Proposal or awarding of the Agreement, nor has this Bidder any agreement or
understanding of any kind whatsoever, with any person whomsoever to pay,
deliver to, or share with any other person in any way or manner, any of the
proceeds of the Agreement sought by this Bid Proposal.
LdtA}&5 - �avt. 10 LLC.
(Name of Contrar)
Subscribed and sworn to this r day of , 20 1 9 .
Printed: /"'a-TT (661.�y
J
[Must be signed by principal of organization or person executing Signature
Affidavit] DA "/
(SEAL) eco .oolSo,;�•..
:' COmm Ue`/L:Z
My Commission Expires: O710r) , 20 as - :% °1A�6AS2 o
Resident of 1 t.Sp�l County. �'�Lt <<s P• Q6'�
[Note: The form must be signed by the same person(s)who sign(s) the Bid
Proposal.]
C-66G Water Transmission Main/451.7272 NC-1 (Form LPW-0.24)
AFFIDAVIT OF NON-DISCRIMINATION
Pursuant to Ind. Code § 5-16-6, this "Affidavit of Non-Discrimination" is hereby
incorporated in and made a part of the Agreement dated
between the City of Carmel and the undersigned /' 1idt tP s PoW I not La,
,
(herein called the "Contractor").
During the performance of this Agreement, the Contractor agrees as follows:
1. That in the hiring of employees for the performance of work under the contract or
any subcontract hereunder, neither the contractor nor subcontractor, nor any
person acting on behalf of the contractor or subcontractor, shall, by reason of
race, religion, color, sex, national origin or ancestry, discriminate against any
citizen of the State of Indiana, who is qualified and available to perform the work
to which the employment relates;
2. That neither the contractor, subcontractor, nor any person on his behalf shall in
any manner discriminate against or intimidate any employee hired for the
performance of work under the contract on account of race, religion, color, sex,
national origin or ancestry;
3. That there may be deducted from the amount payable to the contractor by the
owner, under the contract, a penalty of five dollars ($5.00) for each person for
each calendar day during which such person was discriminated against or
intimidated in violation of the provisions of the contract; and
4. That the contract may be canceled or terminated by.Owner, and all money due or
to become due-hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the contract,
tcUes-f- Pm! not , LLc--
(Name of Contractor)
By:
Title:
[Must be signed by principal of organization or person executing Signature Affidavit].
Subscribed and sworn to this day of aL.. , 20 1 ! •
(SEAL) A K )
\�� 0 , odls •.G/
cP
•
My Commission Expires: L '7 LO(Q1 CVO8 a = ° sus o z
Resident of M Soni County. = Pao qc
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C-66G Water Transmission Maln/451.7272 ND-1 (Form LPW-0.25)
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CONTRACTOR'S AFFIDAVIT OF SUBCONTRACTORS EMPLOYED
The following sub-contractors will perform work on 36" WATER TRANSMISSION
MAIN, Contract 66G, in fulfilling the Agreement with the City of Carmel, Indiana.
List only one subcontractor per category. Listing of more than one subcontractor per
category may be cause for rejection of the Bid Proposal.
NAME TRADE AMOUNT PRE-QUALIFIED
(nearest $1,000) (Yes or No)
t--oWe- Cloks+rVc lam 'gOr'e Z Dy 000
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3. •
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6.
7.
8.
9.
10.
•
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11.
12. -
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13.
14.
15.
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C-66G Water Transmission Main/451.7272 SE-1 Subcontractor's Affidavit of
Subcontractors Employed
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Affidavit of Subcontractors Employed r
Page No.2 [{
l G He/'' being duly sworn upon oath,deposes and says that he is PAListAid-- 1'
of the firm fr1,eittJeS f /?w&r and is familiar with the affidavit herewith and that the statements
are complete and true. Firm Na re' we &Alt L L d— ( 1
By:
t " � i '
Title: Alt d.-id.0
Date: o Cho ix2R_ O� M Do 19
[Must be signed by principal of organization or person executing Signature Affidavit(Form LPW 0.22)). I
1 .
STATE OF )
SS:
COUNTY OF Oar^ ) I
Ad_. /CEA 4 personally appeared before me,a Notary Public, in and for
said County and State, this J L M. day of 0c•idLAA. , 20) 9, after being duly
sworn upon his oath,says that the facts alleged in the foregoing affidavit are true.
My Corri miss'on Expires: ++v++t't""'riu�/ l f�. . ifs,w
OZ/o(a�2ot 9 \��.```0(tEND 4/c// ,�� ry Public-Signature
\,: •. odiso,..0, �i:-
My County of�Residence: •:`�Notoa o•.J' = U trJ6 l a.SON
o,d�l�t3Yl - ;m tio•SAN jD�'90K:4z = Notary Public-Printed Name
6 0•
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(S E A L) %7.,•'A�°'nmissworti,
F..91 Off crel
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C-66G Water Transmission Maln/451-7272 SE-2 Subcontractor's Affidavit of
Subcontractors Employed
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NOTICE OF AWARD
TO: Midwest Paving
16105 River Road
Noblesville, Indiana46062
(Contractor)
Project Description: US-31 Crossing Water Transmission Main, Contract No.66G
The Owner has considered the Bid submitted by you for the above described Project in
response to its Advertisement/Notice to Bidders dated and Instructions to Bidders.
The Owner has accepted your Bid for the Phase I portion of this project, pending
financing with SRF funds for this project. .
You are hereby notified that your Bid Proposal for Phase I has been accepted for items
in the amount of $1,815,555.00. The Phase II Bid will not be awarded.
You are required by the Advertisement/ Notice to Bidders and Instructions to Bidders to
execute the Agreement and furnish the Performance Bond, Payment Bond and
Certificates of Insurance required by the Specifications when the funds for this project
are in place.
We will notify you when the funds for this project are in place.
Dated this 1 g day of 061 6{a_. 201
By. John Duffy
Y
Title: Utilities Director
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
this _ gliik day of
Zs c L e rA•e r- 2019.
(NA-1)
CITY OF CARMEL
Notice of Award
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This Page was Intentionally Left Blank I
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
This Agreement is made this day of Le r , 2019 , by and
between City of Carmel, Indiana, Board of Public Works and Safety, One Civic
Square, Carmel, Indiana 46032 ("Owner") and Midwest Paving, LLC
("Contractor"), for the project known as US 31 Crossing Water Transmission Main,
Contract 66G, Carmel, Indiana (the "Project"). To be constructed on the site located
In Carmel, Indiana.
Owner: City of Carmel,
Indiana Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Contractor: Midwest Paving , LLC
16105 River Rd
Noblesville, IN 46062
Project: US 31 Crossing Water Transmission Main, (Phase 1 only)
Contract 66G
Engineer: Jones & Henry Engineers, Ltd.
1980 E116th St, Suite 260
Carmel, Indiana 46032
The Owner and Contractor agree as follows:
Article 1. Contract Documents. The Contract Documents consist of this
Agreement, the Drawings and the Specifications identified herein, and written
modifications issued after execution of this Agreement. The Contract Documents
form the Contract for Construction and represent the entire and integrated agreement
between the parties hereto and supersede any and all prior negotiations,
representations or agreements, either written or oral. The Contract Documents shall
not be construed to create a contractual relationship of any kind (1) between Owner
and any subcontractor or (2) between any persons or entities other than Owner and
Contractor.
A. Conflicts/Order of Precedent. Contractor shall promptly call to the
attention of Owner any discrepancy or conflict in the Drawings or Specifications that
affect its Work. In the event of conflict or discrepancies between and among the
Contract Documents, figure dimensions shall take precedence over scale
measurements, large scale details shall take precedence over small scale plans or
C-66G Water Transmission Main/451-7272 A-1 City of Carmel, Indiana
Agreement Between Owner and Contractor
r
an earlier date and Part 4 of the technical specifications title 'Special Provisions"
shall take precedence over Parts 1, 2 or 3. Any part of the Work shown on the
Drawings but not specifically mentioned in the Specifications, or vice versa, shall be
considered as part of the Work as though included in both. In the event of an 11
inconsistency or conflict between the Drawings and Specifications, or within either
document not clarified by addendum, the better quality or greater quantity of Work
shall be provided. Likewise, the Work to be undertaken by Contractor shall include ( r
all incidental work necessary as customarily done for the completion of the Project
even though it may not be specifically described in the Specifications or Drawings.
B. Contractor's Review of Contract Documents. Contractor has carefully
studied and compared the Contract Documents with each other and with information
furnished by Owner and has reported to Owner all errors, inconsistencies or
omissions. Contractor shall have no rights against Owner for errors, inconsistencies '
or omissions in the Contract Documents unless Contractor recognized such error,
inconsistency or omission and reported it prior to the date of this Agreement.
Contractor shall perform no construction activity knowing it involves a recognized
error, inconsistency or omission in the Contract Documents: Contractor warrants and
represents to Owner that the Drawings and Specifications for the Work are suitable
and adapted for said Work and guarantees the sufficiency of said Drawings and
Specifications for their intended purpose and agrees that it will perform the Work and
complete the same to the satisfaction of Owner,
C. Enumeration of Contract Documents. An enumeration of the Contract
Documents, other than Modifications, is:
1.1 This Agreement (pages A-1 to A-27, inclusive).
1.2 Contractor's Bid (pages B-1 to B-9, inclusive) - Exhibit A.
1.3 Performance Bond - Exhibit B,
1,4 Payment Bond - Exhibit C. .
1.5 Contractor's Affidavit and Waiver— Exhibit D
1.6 Contractor's Affidavit and Waiver— Exhibit E I
1.7 Change Order- Exhibit F
1.8 Confined Space Acknowledgement— Exhibit G.
1.9 Verification of Work— Exhibit H
1.10 General Conditions (pages GC-1 to GC-46, inclusive).
1.11 Special Conditions, if any (page SC-1 to SC-2 inclusive.
1.12 Specifications, consisting of all sections listed in Table of Contents
thereof with the general title:
US 31 Crossing Water Transmission Main, Contract 66G
(The Specification are attached to this Agreement.) I.1
1.13 Drawings, consisting of a cover sheet and sheets numbered 1 through I
10, inclusive with each sheet bearing the following general title:
US 31 Crossinq Water Transmission Main, Contract 66G
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C-66G Water Transmission Main/451-7272 A-2 City of Carmel,Indiana
Agreement Between Owner and Contractor
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(The Drawings are Not attached to this Agreement.)
1.14 Addenda numbers 1 to 1 inclusive.
1.15 The following which may be delivered or issued after the Effective Date
of the Agreement and are not attached hereto: All Written Amendments
and other documents amending, modifying, or supplementing the
Contract Documents pursuant to paragraphs 3.4 of the General
Conditions.
There are no Contract Documents other than those listed above in this Article 1. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.4 of the General Conditions.
Article 2. The Work. The intent of the Agreement is to provide for the construction
and completion in every detail of the work described. Contractor shall provide all
materials, labor, tools, equipment, supplies, safety equipment, transportation and
supervision necessary to perform, and shall perform, the work in a good and
workmanlike manner and in accordance with the Contract Documents (as hereinafter
defined) or reasonably inferable by Contractor as necessary to produce the results
intended by the Contract Documents and generally described as US 31 Crossing
Water Transmission Main, Contract 66G (all hereinafter called the "Work"):
A. Supervision and Construction Procedures. Contractor shall
supervise and direct the Work using Contractor's best skill and attention. Contractor
shall be solely responsible for and have control over construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the Work.
Contractor shall be responsible to Owner for the acts and omissions of Contractor's
employees, subcontractors, material suppliers, laborers, equipment lessors and all
other persons performing portions of the Work. Contractor shall be responsible for
the inspection of Work performed under the Contract Documents to determine that
the Work is in proper condition to receive subsequent Work.
B. Subcontractors. Before construction commences, Contractor shall
furnish in writing to Owner the names of all persons or entities proposed for each
principal portion of the Work and their respective contract sums. Contractor shall not
contract with a proposed person or entity to whom Owner has made a reasonable
objection. Contractor shall not change a subcontractor, person or entity previously
selected if Owner makes reasonable objection to such change.
1. By appropriate agreement, Contractor shall require each subcontractor,
to the extent of the Work to be performed by the subcontractor, to be bound to
Contractor by the terms of the Contract Documents, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by the Contract
Documents, assumes toward Owner. Each subcontract shall preserve and protect
the rights of Owner under the Contract Documents with respect to the Work to be
performed by the subcontractor so that subcontracting thereof will not prejudice such
rights. Contractor shall make available to each proposed subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the
subcontractor will be bound. Each subcontract for a portion of the Work is
contingently assigned by Contractor to Owner, however, such assignment is effective
only after termination of this Agreement by Owner for cause pursuant to Article 15 of
the General Conditions and only for those subcontracts which Owner accepts by
notifying the subcontractor in writing.
C-66G Water Transmission Main/451-7272 A-3 City of Carmel,Indiana
Agreement Between Owner and Contractor
2. Contractor along with its Subcontractors shall assure harmonious labor
relations at and adjacent to the Project and site so as to prevent any delays,
disruptions or interference to the Work. Contractor shall prevent strikes, sympathy F'
strikes, slowdowns, work interruptions, jurisdictional disputes or other labor disputes
resulting for any reason whatsoever from the acts or failure to act of the employees of
Contractor or any of its subcontractors, material suppliers, or other such persons or r'
entities. Contractor agrees that it will bind and require all of its subcontractors,
material suppliers and other such persons or entities to agree to all of the provisions
of this paragraph. If Contractor or any of its subcontractors, material suppliers or
other such persons or entities fail to fulfill any of the covenants set forth in this
paragraph, Contractor will be deemed to be in default and substantial violation of the
Contract Documents. r
C. Contractor's Representations. Contractor represents and warrants
the following to Owner as a material inducement to Owner to execute this
Agreement, which representations and warranties shall survive the execution and I ,
delivery of this Agreement, any termination of this Agreement, and the final
completion of the Work:
1. Contractor is able to furnish the tools, materials, supplies, equipment
and labor required to complete the Work and perform its obligations hereunder and
has sufficient experience and competence to do so;
2. Contractor has examined and carefully studied the Contract Documents
(including the Addenda enumerated herein) and the other related data identified in I -
the Bidding Documents including "technical data." 1 .
3. Contractor has visited the site of the Project and is familiar with the
local conditions under which the Work is to be performed and has correlated .
observations with the requirements of the Contract Documents; and
4. Contractor is familiar with and is satisfied as to all federal, state and 1
local Laws and Regulations that may affect cost, progress, performance and
furnishing of the Work.
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5. Contractor possesses a high level of experience and expertise in the
business administration, construction and superintendence of projects of the size,
complexity and nature of the Project involving, among other things, the Work to be
performed hereunder, and will perform the Work with the care, skill and diligence of
such a contractor.
S. Contractor represents and warrants and the Owner awards this
Agreement upon the express warranty of the Contractor that he has not, nor has any
other member, representative, agent, or officer of the firm, company, corporation or
partnership represented by the Contractor:
a. employed or retained any company or person, to solicit or secure this
Agreement;
L
C-66G Water Transmisslon Maln1451-7272 A-4 City of Carmel,Indiana
Agreement Between Owner and Contractor
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b. entered into or offered to enter into any combination, collusion, or
agreement to receive or pay and that the Contractor has not received or
paid, any fee, commission, percentage, or any other consideration,
contingent upon or resulting from the award of and the execution of this
Agreement, excepting such consideration and subject to the terms and
conditions expressed upon the face of the within Agreement.
7. Contractor has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the site (except Underground Facilities) which have been identified in the Special
Conditions as provided in paragraph 4.2.1 of the General Conditions. Contractor
accepts the determination set forth in paragraph 4.2 of the General Conditions of the
extent of the "technical data" contained in such reports and drawings upon which
Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions.
Contractor acknowledges that such reports and drawings are not Contract
Documents and may not be complete for Contractor's purposes. Contractor
acknowledges that Owner and Engineer do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract
Documents with respect to Underground Facilities at or contiguous to the site.
Contractor has obtained and carefully studied (or assumes responsibility for having
done so) all such additional supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface and
Underground Facilities) at or contiguous to the site or otherwise which may affect
•
cost, progress, performance or furnishing of the Work or which relate to any aspect of
the means, methods, techniques, sequences and procedures of construction to be
employed by Contractor and safety precautions and programs incident thereto.
Contractor does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing
• of the Work at the Contract Price, within the Contract Times and in accordance with
the other terms and conditions of the Contract Documents.
For a breach or violation of this representation, the Owner shall have the right to
cancel this Agreement without liability and to recover, at the election of the Owner,
any and all monies or other consideration paid hereunder.
8. Contractor has correlated the information known to Contractor,
information and observations obtained from visits to the site, reports and drawings
identified in the Contract Documents and all additional examinations, investigations,
explorations, tests, studies and data with the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors,
ambiguities or discrepancies that Contractor has discovered in the Contract
Documents and the written resolution thereof by Engineer is acceptable to
Contractor, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performing and furnishing of the
Work.
Article 3. Engineer. The Project has been designed by Jones & Henry Engineers,
Ltd., who is hereinafter referred to as Engineer and who is to act as the Owner's
1 I .
C-66G Water Transmission Main/451-7272 A-5 City of Carmel,Indiana
Agreement Between Owner and Contractor
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representative, assume all duties and responsibilities, and have the rights and
authority assigned to Engineer in the Contract Documents in connection with
completion of the Work all in accordance with the Contract Documents.
Article 4. Date of Commencement and Completion. Contractor shall commence
its Work promptly upon receipt of written notice from Owner to proceed with the
Work, and Contractor shall achieve Substantial Completion within 100 calendar days
for Phase I plus 40 additional calendar days for Phase 11 after the Contract Time
commences to run as provided in paragraph 2.3 of the General Conditions, subject to
adjustments authorized by Owner ("Contract Time"). The Work shall be completed
and ready for final payment in accordance with paragraph 14.7.2 of the General
Conditions within 120 calendar days for Phase I plus 60 additional calendar days for
Phase II after the date when the Contract Time commences to run. Record
Documentation, as defined in Section C-01010 paragraph 14, shall be submitted in I
an acceptable format within 20 days following Substantial Completion. The term
"day" as used in the Contract Documents shall mean calendar day unless otherwise
specifically defined. Time limits stated in the Contract Documents are of the essence
of this Agreement. By executing this Agreement, Contractor confirms that the
Contract Time is a reasonable period for performing the Work. Contractor shall not
knowingly, except by agreement or instruction of Owner in writing, prematurely
commence operations on the site or elsewhere prior to the effective date of insurance
required by Article 5 of the General Conditions.
A. Commencement. It is not incumbent upon Owner to notify Contractor
when to begin (other than the notice to proceed), cease or resume Work, to give
early notice of the rejection of faulty Work, nor in any way to superintend so as to
relieve Contractor of responsibility or of any consequence of neglect or carelessness
by Contractor or its subordinates, All materials and labor shall be furnished at such
time as shall be for the best interest of all trades concerned, to the end that the
combined Work of all may be properly and fully completed in accordance with the
progress schedule.
B. Overtime. Owner, if it deems it reasonably necessary, may direct
Contractor to work overtime, in addition to any overtime required to meet the
progress schedule and, if so directed, Contractor shall Work said overtime. Provided
that Contractor is not in default under any of the terms or provisions of the Contract
Documents, Contractor will be reimbursed for such actual additional wages paid, if I ,
any, at rates which have been approved by Owner plus taxes imposed by law on
such additional wages, worker's compensation insurance and levies on such
additional wages if required to be paid by Contractor. If, however, the progress of the
Work or of the Project be delayed by any fault or neglect or act or failure to act of
Contractor or any of its officers, agents, servants or employees, then Contractor
shall, in addition to all of the other obligations imposed by this Agreement upon
Contractor in such cases, and at its own cost and expense, work such overtime as
may be necessary to make up for all time lost and to avoid delay in the completion of
the Work and of the Project. If, after written notice is given, Contractor refuses to
work overtime required to make up lost time or to avoid delay in the completion of the
Work and of the Project, Owner may hire others to perform the Work and deduct the
cost from Contractor's Contract Sum.
C. Delay. Should the progress of the Work or of the Project be delayed by
any fault or neglect or act or failure to act of Contractor or any of its officers, agents,
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C-66G Water Transmission Main/451-7272 A-6 City of Carmel,Indiana
Agreement Between Owner and Contractor L
1 servants or employees so as to cause any additional cost, expense, liability or
damage to Owner, or any damages or additional costs or expenses for which Owner
may or shall become liable, Contractor shall and does hereby agree to compensate
Owner for and indemnify them against all such costs, expenses, damages and
liability.
D. Excusable Delay. If Contractor is delayed, suspended, accelerated,
interfered with, or otherwise hindered (collectively referred to as "hindrance" or
"hindrances") at any time in the progress, performance or completion of any portion
or portions of the whole of the Work contemplated by the Contract Documents as a
result of flood, cyclone, hurricane, tornado, earthquake or other similar catastrophe,
or as the result of acts of God, the public enemy, acts of the Government, or fires,
epidemics, quarantine restrictions, strikes or labor disputes, freight embargoes or
unusual delay in transportation, unavoidable casualties, or abnormal weather or on
account of any acts or omissions of Owner or others engaged by it (except as herein
provided), or by their employees, agents or representatives, or by changes ordered in
the Work by Owner which are not required to correct problems or discrepancies in
Contractor's Work, or by any other causes which Contractor could not reasonably
control or circumvent, and which are not due to any fault, neglect, act or omission on
Contractor's part, and the risks of which are not otherwise assumed by Contractor
pursuant to the provisions of the Contract Documents, then the Contract Time for
completion of the portion or portions of the Work directly affected by such hindrance
shall, upon timely written request of Contractor, be extended by a period equivalent
to the time lost by reason of the aforesaid causes by Change Order approved and
signed by Owner.
All claims for an extension of the Contract Time shall be based on written
notice delivered to Owner and Engineer within twenty-one (21) days of the
commencement of the event or occurrence giving rise to the claim. Such
notice must set forth (a) the cause of the hindrance, (b) a description of the
portion or portions of the Work affected thereby, and (c) all details pertinent
thereto, including supporting data and the specific number of days requested.
It.is a condition precedent to the consideration or validity of all claims for an
extension of the Contract Time that such claims be made in writing and
delivered in strict accordance with all applicable time limits provided above.
Otherwise, such claims shall be waived, invalid and unenforceable as against
Owner.
E. No Damages for Delay. Contractor agrees that, whether or not any
hindrances shall be the basis for an extension of the Contract Time, it shall have no
claim against Owner for an increase in the Contract Sum, nor a claim against Owner
for a payment or allowance of any kind for damage, loss or expense resulting from
hindrances, except for acts constituting intentional and unjustified or unreasonable
interference, disruption or delay by Owner with Contractor's performance of its Work
when such acts continue after Contractor's written notice to Owner of such
interference, disruption or delay. Owner's exercise of its rights under the Contract
Documents, including but not limited to, its rights regarding changes in the Work,
regardless of the extent or number of such changes, performance of separate work
or carrying out Contractor's Work by Owner, directing overtime or changes in the
sequence of the Work, withholding payment or otherwise exercising its rights under
C-66G Water TransmIsslon Main/451-7272 A-7 City of Carmel,Indiana
Agreement Between Owner and Contractor
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the provisions of this Agreement shall not be construed as intentional or unjustified
interference with Contractor's performance of the Work.
F. Liquidated Damages. Owner and Contractor recognize that time is of
the essence of this Agreement and that Owner will suffer financial loss if the Work is ,
not completed within the times specified in Article 4, plus any extensions allowed in
accordance with Article 12 of the General Conditions, They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by Owner r ,
if the Work is not completed on time. Accordingly, instead of requiring any such
proof, Owner and Contractor agree that as liquidated damages for delay (but not as a
penalty) Contractor shall pay Owner ONE THOUSAND DOLLARS ($1,000.00) for
each day that expires after the time specified in Article 4 for Substantial Completion
until the Work is otherwise substantially complete. After Substantial Completion, if
Contractor shall neglect, refuse or fail to complete the remaining Work within the time
specified in Article 4 for completion and readiness for final payment or any proper
extension thereof granted by Owner, Contractor shall pay Owner ONE THOUSAND
DOLLARS ($1,000.00) for each day that expires after the time specified in Article 4
for completion and readiness for final payment. 1
Article 5. Contract Sum. Owner agrees to pay Contractor for the timely and proper ,
performance of the Work, subject to additions and deductions provided therein and in
accordance with the Contract Documents in current funds based on the bid prices as
set forth in the conformed copy of the Contractor's Bid attached hereto as Exhibit A,
the sum of One Million Eight hundred fifteen thousand, five hundred fifty five
dollars ($1,815,555.00) .
The Contract Sum, including authorized adjustments, is the total amount
payable by Owner to Contractor for performance of the Work under the Contract I
Documents. In determining the Contract Sum, Contractor has taken into account the
level of completeness of the Contract Documents and has exercised its best skill and
efforts to make (1) appropriate judgments and inferences in connection with the
requirements of the Contract Documents, and (2) all inquiries to clarify the Contract
Documents as necessary to calculate and establish the Contract Sum. The Contract
Sum may be changed only by Change Order. 1
Article 6. Contract Payments. All payments provided herein are subject to funds
as provided by Owner and the laws of the State of Indiana. Contractor shall submit I
Applications for Payment in accordance with Article 14 of the General Conditions.
Based on Applications for Payment properly submitted to Engineer by Contractor, the
Applications for Payment will be processed by Engineer as provided in the General
Conditions.
A. Progress Payments; Retainage: Owner shall make monthly progress
payments on account of the Contract Price on the basis of Contractor's Applications
for Payment as recommended by Engineer, no more often than monthly during
construction as provided below. Each Application for Payment shall be based on the
schedule of values established in paragraph 2.7 of the General Conditions (and in
the case of Unit Price Work based on the number of units properly completed) or, in
the event there is no schedule of values, as provided in the General Requirements.
Such Application for Payment shall be supported by such data substantiating
Contractor's right to payment as Owner may require, such as copies of requisitions
from subcontractors and material suppliers. L
C-66G Water Transmission Main/451.7272 A-8 City of Carmel,Indiana
Agreement Between Owner and Contractor
1. Owner reserves the right to inspect the Project and approve the
progress of Work completed to the date of the Application for Payment. If requested
by Owner prior to making said payment, Contractor shall submit to Owner an Affidavit
and partial Waiver of Lien, and/or partial waivers from subcontractors and material
suppliers, in form and content satisfactory to Owner, stipulating that all costs for labor
and materials incurred in the previous month have been paid to subcontractors,
material suppliers, laborers and equipment lessors. An Application for Payment shall
not include requests for payment of amounts Contractor does not intend to pay to a
• subcontractor or material supplier.
a. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less
the aggregate of payments previously made and less such amounts as
Engineer shall determine, or OWNER may withhold, in accordance with
paragraph 14.2.2.5 of the General Conditions.
b. Progress payment will be made for ninety percent (90%) of Work
completed (with the balance being held as retainage). If Work is fifty
percent (50%) complete as determined by Engineer, and if the
character and progress of the Work has been satisfactory to Owner and
Engineer, Owner, at its sole discretion and without obligation, on
recommendation of Engineer, may determine that as long as the
character and progress of the Work remain satisfactory, there will be no
additional retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be in
an amount equal to one hundred percent (100%) of the Work properly
completed.
c. Progress payment will be made for ninety percent (90%) of invoice
price for materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documentation
satisfactory to Owner as provided in paragraph 14.4 of the General
Conditions).
B. Payment of Subcontractors. The Contractor agrees to assume and
does assume full and exclusive responsibility for the payment of subcontractors in
compliance with Ind. Code § 36-1-12-13. The Agreement is expressly made an
obligation covered by the Contractor's Payment Bond and Performance Bond
obligation. The obligation of the surety shall not in any way be affected by the
bankruptcy, insolvency, or breach of contract of the Contractor.
1. The making of an incorrect certification by the Contractor shall be
considered a substantial breach of contract on the part of the Contractor. Based on a
breach of contract, the Owner may, in addition to all other remedies, withhold all
payments not yet made and recover all payments previously made less that amount
which has actually been paid to subcontractors by the Contractor. The obligation is
hereby created on the part of the Contractor to return all such payments previously
made in such case.
C-66G Water Transmission Main/451-7272 A-9 City of Carmel,Indiana
Agreement Between Owner and Contractor
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2. Upon receipt of a progress payment, Contractor shall pay promptly all ('
valid bills and charges for materials, equipment, labor and other costs in connection
with or arising out of the Work and will hold Owner free and harmless from and
against all liens and claims of liens for such materials, equipment, labor and other ('
costs, or any of them, filed against the Project or the site, or any part thereof, and
from and against all expenses and liability in connection therewith including, but not
limited to, court costs and attorneys' fees. Should any lien or claim of lien be filed of I
record against the Project or the site, or should Owner receive notice of any claim or
of any unpaid bill in connection with the Work, Contractor shall forthwith either pay or
discharge the same and cause the same to be released of record or shall furnish
Owner with appropriate indemnity in form and amount satisfactory to Owner.
C. Withholding of Payment. If any claim or lien is made or filed with or
against Owner, the Project, the real estate, or contract proceeds by any person
claiming that Contractor or any subcontractor or any person for whom Contractor is
liable has failed to make payment for labor, services, materials, equipment, taxes or
other items or obligations furnished or incurred for or in connection with the Work, or
if at any time there shall be evidence of such non-payment or of any claim or lien
which is chargeable to Contractor, or if Contractor or any subcontractor or other
person for whom Contractor is liable causes damages to the Work, or if Contractor
fails to perform or is otherwise in default under any of the terms or provisions of the
Contract Documents, Owner shall have the right to retain from any payment then due
or thereafter to become due an amount which it deems sufficient to (1) satisfy,
discharge and/or defend against such claim or lien or any action which may be
brought or judgment which may be recovered thereon, (2) make good any such non-
payment, damage, failure or default, and (3) compensate Owner for and indemnify
him against any and all losses, liability, damages, costs, and expenses, including
attorneys' fees and disbursements which may be sustained or incurred in connection
therewith. Owner shall have the right to apply and charge against Contractor so
much of the amount retained as may be required for the foregoing purposes. If the
amount retained is insufficient therefore, Contractor shall be liable for the difference.
1. If Owner withholds any payment, partial or final, from Contractor, Owner i .
may, but shall not be obligated or required to, make direct or joint payment on behalf
of Contractor for any part or all of such sums due and owing to said subcontractors,
material suppliers, equipment lessors and/or laborers for their labor, materials or
equipment furnished to the Project, not to exceed the Contract Sum remaining due
and owing to Contractor, and charge all such direct payments against the Contract
Sum; provided, however, that nothing contained in this paragraph shall create any I
personal liability on the part of Owner to any subcontractor, material supplier,
equipment lessor or laborer, or any direct contractual relationship between Owner
and them.
D. Substantial Completion. Upon Substantial Completion of the Work in
accordance with Article 14 of the General Conditions, the Owner shall pay the I
Contractor an amount sufficient to increase total payments to Contractor to ninety-
eight percent (98%)of the Contract Sum (with the balance being retainage), less
such amounts as Engineer shall determine, or Owner may withhold, in accordance
with paragraph 14.4 of the General Conditions.
L,
C-66G Water Transmission Mainl451-7272 A-10 City of Carmel,Indiana
Agreement Between Owner and Contractor L
{
E. Final Payment. Upon final completion and acceptance of the Work in
accordance with paragraph 14.7.2 of the General Conditions, Owner shall pay the
remainder of the Contract Sum as recommended by Engineer as provided in said
paragraph 14.7.2.
1. When the Contractor completes the work in accordance with the
Contract Documents and in an acceptable matter as determined by the Engineer, the
Contractor will prepare a final estimate for the work performed and will furnish the
Engineer with a copy of the final estimate. Final payment shall not become due until
Contractor submits (a) an affidavit that payrolls, bills for materials and equipment,
and other indebtedness connected with the Work for which Owner or Owner's
property might be responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidencing that insurance
required by the Contract Documents will remain in force after final payment is
currently in effect and will not be canceled or allowed to expire until at least 30 days'
prior written notice has been given to Owner, (3) a written statement that Contractor
knows of no substantial reason that the insurance will not be renewable to cover the
period required by the Contract Documents, (4) consent of surety, if any, to final
payment, and (5) if required by Owner, other data establishing payment or
satisfaction of obligations, such as receipts, releases and waivers of liens, claims,
security interests or encumbrances.
•
2. The Engineer, acting on behalf of the Owner, will then certify to the
Owner's duly appointed representative the balance due the Contractor and the
certificate will be deemed evidence of final acceptance of the completed Agreement
by the Owner. Owner shall make final payment to the Contractor within one hundred
twenty (120) days after final acceptance and completion of the Agreement. However,
final payment may not be made on any amount that is in dispute, but final payment
may be made on the part of the Contract Sum or those amounts not in dispute. For
each day after one hundred twenty (120) days, the Owner will pay to the Contractor
interest for late payment of money due to the Contractor. However, interest will not
be paid for those days that the delay in payment is not directly attributable to the
Owner. The annual percentage rate of interest that the Owner shall pay on the
unpaid balance is eight percent (8%).
3. Acceptance of final payment by Contractor shall constitute a waiver of
claims by Contractor except those previously made in writing and identified by
Contractor as unsettled at the time of final payment.
Article 7. Termination and Suspension. The Agreement may be terminated by the
Owner or the Contractor as provided in Article 15 of the General Conditions. The
Work may be suspended by the Owner as provided in Article 15 of the General
Conditions.
Article 8. Interest. Unless otherwise expressly provided in the Contract
Documents, payments due to Contractor under the terms of the Contract Documents
and unpaid shall bear no interest and Contractor shall be entitled to no interest,
statutory or otherwise. If the right to interest is expressly provided in the Contract
Documents, then such interest shall apply only with respect to liquidated and
non-disputed payments, and shall accrue from and after the thirtieth (30th) day
following Owner's receipt of a statement of account by Contractor demanding such
C-66G Water Transmission Main/451-7272 A-11 City of Carmel,Indiana
Agreement Between Owner and Contractor
payment and containing an express statement by Contractor of its intention to assess
such interest. In the event Owner is entitled to withhold payment under the Contract
Documents, or in the event of a good faith dispute between Owner and Contractor,
no interest shall accrue.
Article 9. Owner's, Contractor's and Engineer's Representations.
9.1 The Owner's Representative is:
Mr. John Duffy, Utility Director
30 West Main Street, Suite 200
Carmel, Indiana 46032
9.2 The Contractor's Representative is:
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Article 10. Miscellaneous.
A. GOVERNING LAW. This Agreement shall be governed by the laws of
the State of Indiana.
B. Terms used in this Agreement which are defined in Article 1 of the
General Conditions will have the meanings indicated in the General Conditions.
C. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the prior written
consent of the party sought to be bound; and, specifically but without limitation,
moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
D. SUCCESSORS AND ASSIGNS. Owner and Contractor respectively
bind themselves, their successors, assigns and legal representatives to the other
party hereto in respect to covenants, agreements and obligations contained in the
Contract Documents. Neither party to this Agreement shall assign this Agreement
without the written consent of the other. If either party attempts to make such an
assignment without such consent, that party shall nevertheless remain legally
responsible for all obligations under this Agreement.
E. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon Owner and
Contractor, who agree that the Contract Documents shall be reformed to replace
such stricken provision or part thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention of the stricken'provision.
C-66G Water Transmission Main/451-7272 A-12 City of Carmel,Indiana
Agreement Between Owner and Contractor
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F. WRITTEN NOTICE. Written notice shall be deemed to have been duly
served if delivered in person to the individual or to an officer of the corporation for
which it was intended, or if delivered at or sent by registered or certified mail to the
last business address known to the party giving notice.
G. RIGHTS AND REMEDIES. Duties and obligations imposed by the
Contract . Documents and rights and remedies available thereunder shall be in
addition to and not a limitation of duties, obligations, rights and remedies otherwise
imposed or available by law. No act or failure to act by Owner or Contractor shall
constitute a waiver of a right or duty afforded them under this Agreement, nor shall
such action or failure to act constitute approval of or acquiescence in a thereunder.
Article 11. Dispute Resolution.
A. Mediation. The parties shall endeavor to resolve their claims by
mediation which, if the parties mutually agree, shall be administered by the American
Arbitration Association in accordance with its Construction Industry Mediation
Procedures in effect on the date of the Agreement. The parties shall share the
mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in
any court having jurisdiction thereof.
B. Litigation. In the event of any litigation between the Owner and
Contractor that arises out of or relates to this Agreement or the Project, the
"prevailing party" in such litigation shall be entitled to recover its attorneys' fees
incurred in the litigation. For the purposes of this paragraph, the term "prevailing
party" shall mean the party that recovers all or substantially of the relief requested in
its pleadings, and includes attorneys' fees incurred in the collection or enforcement of
any judgment. The parties agree that the exclusive and sole venue for any claim
arising out of or relating to the Contract shall be any court of competent jurisdiction
located in Hamilton County, Indiana.
IN WITNESS WHEREOF, Owner and Contractor have signed five (5) copies of this
Agreement. One counterpart each has been delivered to Owner, Contractor and
Engineer. All portions of the Contract Documents have been signed or identified by
Owner and Contractor or identified by Engineer on their behalf.
C-66G Water Transmission Main/451-7272 A-13 City of Carmel, Indiana
Agreement Between Owner and Contractor
This Agreement will be effective ona E'h r 19 , 2019 (which is the Effective
Date of this Agreement as defined in the General Conditions).
City of Carmel, Indiana Midwest Paving, LLC
Owner Contractor
By Board of Works & Public Safety By /ildit_Ku
� t
y [CORPORATE SEAL]
Mayor and Member
Member
Member
Attest Attest ,f1:7
Christine Pauley, Clerk-Treasurer
Address for giving notices Address for giving notices
City Hall
One Civic Square f(p(oS Ri VP.17 a2 oc cl
Carmel, IN 46032 No141Svi I IF, 1 iJ 4(9O&02
License No.
Agent for service of process:
C-66G Water Transmission Main/451-7272 A-14 City of Carmel,Indiana
Agreement Between Owner and Contractor
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INSTRUCTIONS FOR EXECUTING AGREEMENT
If the Contractor is a corporation, the following certificate should be executed by an
officer of the firm other than the Agreement slgnee:
I, Na}j K{t}y certify that I am the
6((LA-I of the corporation named as Contractor
hereinabove; that 1 1c1 c Kt 117 who signed the
foregoing Agreement on behalf of the Contractor was then
rs drner of said Corporation; that
said Agreement was duly signed for and in behalf of said Corporation
by authority of its governing body, and is within the scope of its
corporate powers.
•
(Corporate Seal)
If the Agreement is signed by the secretary of the corporation, the above certificate
should be executed by some other officer of the corporation, under the corporate
seal. In lieu of the foregoing certificate there may be attached to the Agreement
copies so much of records of the corporation as will show the official character and
authority of the officers signing, duly certified by the secretary or assistant secretary
under the corporate seal to be true copies.
The full name and business address of the Contractor should be inserted and the
Agreement should be signed with his official signature. The name of the signing
party or parties should be typewritten or printed under all signatures to the
Agreement.
If the Contractor should be operating as a partnership, each partner should sign the
Agreement. If the Agreement be not signed by each partner, there should be
attached to the Agreement a duly authenticated power of attorney evidencing the
signer's (signers') authority to sign such contract for and in behalf of the partnership.
If the Contractor be an individual, the trade name (if the Contractor be operating
under a trade name) should be indicated in the Agreement and the Agreement
should be signed by such individual. If signed by one other than the Contractor,
there should be attached to the Agreement a duly authenticated power of attorney
evidencing the signer's authority to execute such Agreement for and in behalf of the
Contractor.
C-66G Water Transmission Main/451-7272 A-15 City of Carmel,Indiana
Agreement Between Owner and Contractor
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If the Contractor be an individual, the trade name (if the Contractor be operating (�
under a trade name) should be indicated in the Agreement and the Agreement
should be signed by such individual. If signed by one other than the Contractor,
there should be attached to the Agreement a duly authenticated power of attorney
evidencing the signer's authority to execute such Agreement for and in behalf of the
Contractor.
The remaining part of this page is intentional blank.
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C-66G Water Transmission Maln/451-7272 A-16 City of Carmel,Indiana
Agreement Between Owner and Contractor
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