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HomeMy WebLinkAbout01-08-20-05/SC Case Excavating, LLC/North College Ave Water Main RESOLUTION NO.BPW 01-08-20-05 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. SO RESOLVED this day of ,)OlIt (1 ,2020. CITY OF CARMEL,INDIANA By and through its Board of Public Works and Safety BY: AI&.+ reef James Brainard,Presiding Officer ate: M ry A urke,Mem r Date: Lori S.W tson 7b7 Date: �0 010 ATTEST: d60' Zei Sue Wolf a g, Date: Qf/ r O Or>O SAE BasstMy Documents`BPW-Resolutions+2020+Acknowledge Agreement SC Case Excavating LtC-North College Ave Water Main.docxty27�07912:1 PM CARMEL UTILITIES 30 West Main St, Ste 200 Carmel, Indiana 46032 PH (317) 571-2443 WATER UTILITY FAX (317)571-2265 WASTEWATER UTILITY ADVERTISEMENT I NOTICE TO BIDDERS CITY OF CARMEL, INDIANA North College Ave Water Main, Contract 96 Sealed Bids for the City of Cannel, Indiana, North College Ave. Water 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 North College Ave. Water Main, Contract 96" on the outside of the envelope, and as otherwise set forth in the Bid Documents. In general, the work consists of; furnishing and installing by horizontal direction drill method approximately 4,000 lineal feet of 8 to 12-inch HDPE water main as required by the 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 131s' St. W. Carmel, Indiana. Copies of the Bidding Documents may be examined with advance notice at the office of the Utility Director, or at the office of Jones & Henry Engineers, Ltd., ("Engineer") 1980 East 116TH Street Suite 260, Cannel Indiana 46032, without charge. Copies of Bidding Documents and Contract Documents may be obtained electronically from www jhplanroom.com. There is no charge to download from the digital print-room, however,registration is required. If hard copies of the bidding documents are needed, they can be ordered from the print-room for a fee. If you have any problems using the digital print-room,you are encouraged to contact either the Engineer's Project Manager, or Eastern Engineering at 317-598-0661. If it is preferable to obtain hard copy documents locally, without the use of the digital print-room; copies of Bidding Documents and Contract Documents may be obtained from Eastern Engineering 9901 Allison Rd., Fishers, IN, 46038, 317-598-0630. (www.castcrnengineerinu.cotn,) A non-refundable fee will be required for each set of Bidding Documents and Contract Documents provided by Eastern Engineering. Checks shall be made payable to Eastern Engineering. 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 Account 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 North College Ave Water Mn C•96/451-7348 AD-1 CITY OF CARMEL Advertisement for Bids r • 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. Award will be made to the low, responsive, responsible bidder. The low, responsive, responsible bidder must [7 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. t 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, II 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 I ' 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. I , The Bidders attention is also called to the"Minority/Women Business Participation"requirements 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. 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. Christine Pauley Clerk Treasurer City of Cannel,Indiana I , Li North College Ave Water Mn C-96/451-7348 AD-2 CITY OF CARMEL Advertisement for Bids 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. • 4.1 It is the responsibility of each Bidder before submitting a Bid to: North College Ave Water Mn C-96 I- I CITY OF CARMEL Instructions to Bidders r 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, [-‘ 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 established. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or I 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 1 1 furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the General Conditions. l . 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. North College Ave Water Mn C-96 I-2 City of Carmel Instructions to Bidders 4.5 Before submitting a Bid, each Bidder will be responsible to obtain such additional or 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. 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 1, 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 6.1 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. North College Ave Water Mn C-96 1-3 CITY OF CARMEL Instructions to Bidders r 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 7. Bid Security r� 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 I 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 security 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 g described in the Drawings or I 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 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. I . 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 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. 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 , North College Ave Water Mn C-96 I-4 City of Carmel Instructions to Bidders 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 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. North College Ave Water Mn C-96 r-5 CITY OF CARMEL Instructions to Bidders 1 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 , other persons and organizations proposed for those portions of the Work as to which the 1 identity of Subcontractors and other persons and organizations must be submitted as 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. r' 15.4 Owner may conduct such investigations as Owner deems necessary to assist in the 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 anyclaim it has or mayhave against the Owner, the g g 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 1 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 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 I. 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 J North College Ave Water Mn C-96 I-6 City of Carmel Instructions to Bidders deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. Retainaee The Owner will retain an amount of each progress payment in accordance with the Agreement and the Laws and Regulation governing the Project. 20. Indiana Revised Fonn 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. 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 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. • North College Ave Water Mn C-96 I-7 CITY OF CARMEL Instructions to Bidders r 28. American Iron& Steel Requirements The Contractor,subcontractors and all suppliers shall conform with the American Iron and Steel r 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 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. (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 sample certificate is included in the Supplemental Conditions. SRF Requirements 29. 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. • l . f 1. 1. Li • North College Ave Water Mn C-96 l-8 City of Carmel Instructions to Bidders l � REQUEST FOR CLARIFICATION RFC # Date: Project Title: Project Owner: Engineer: Contractor: Phone #: Fax #: Ref. Drawing Nos.: Spec. Sect. Clarification Request: Response needed Pby: Note: All responses will be made in writing and distributed to all bidders. • North College Ave Water Mn C-961451.7348 (RC-1) CITY OF CARMEL Request for Clarification Bid Summary And Bidder Reminder List to be Included in Bid Package for Bid Opening Complete the following 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 envelope. BIDDER: ICa14r1 �L I Project Name: North College Ave Water Main Contract 96 Date Submitted: lolz72011 Base Bid Amount: / o, 04 Alternate A Bid / o� Amount: (if any) 127� L/ / �c�al /AevJ - _ I Bidding Requirement: _ Yes No Properly and completely executed Form No. 96 Bid Form. J 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). f Indicated the Project Name and Description on the outside of your Bid V envelope along with the term "Sealed Bid." Complete & Enclose the GPR Bid Breakdown, Attachment G in the Special Conditions (SRF Requirements) IF ANY OF THE REQUIRED BIDDING DOCUMENTS ARE NOT INCLUDED, DATED OR PROPERLY EXECUTED, THE BIDDER'S BID MAY NOT BE ACCEPTED OR REJECTED. North College Ave Water Mn C-96/451-7348 BT-1 CITY OF CARMEL Bid Summary Page BME 1645001v2 EXHIBIT A BID CONTRACT IDENTIFICATION: North College Ave Water Main, Contract 96 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 all 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 l �c?7./ _ I - i 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 the extent of the "technical data" contained in such reports and drawings North College Ave Water Mn C-96/451-7348 CITY OF CARMEL B-I Rid CARMEL, INDIANA CONTRACT 96 BASE BID 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. Item l Estimated Total Estimated No. Description Amount Unit Unit Price in Figures Total Unit Price in Words Cost of Item I 1 Mobilization/Demobilization 1 LS 26,000.00 twenty-six thousand 26,000.00 2 Audio-Video Recording 1 LS 8,100.00 eight thousand one hundred 8,100.00 3 Pollution Prevention 1 LS 18,000.00 eighteen thousand 18,000.00 4 Survey and Staking 1 LS 4,000.00 four thousand 4,000.00 5a 12"Inch Watermain,HDPE,DR 11, DIP, 2,900 LF 88.00 eighty-eight 255,200.00 Horizontal Directional Drill 5b Connection at Arthur and College, 1 LS 10,380.00 ten thousand three hundred eighty 10,380.00 Existing 6-Inch Watermain Connection on 103rd and College, 9,100.00 5c Existing 8-Inch Watermain 1 LS 9,100.00 nine thousand one hundred 5d Connection on 102th and College, 1 LS 7,800.00 seven thousand eight hundred 7,800.00 Existing 8-Inch Watermain 5e Connection on Penn and College, 1 LS 6,200.00 six thousand two hundred 6,200.00 Existing 12-Inch Watermain 5f 5/8-Inch Pressure Reducer 16 EA 100.00 one hundred 1,600.00 5g Removal of Service Connection from CEG 53 EA 300.00 three hundred 1 15,900.00 5h 5/8-Inch Service Connection 48 EA 1,500.00 one thousand five hundred 72,000.00 5i 1-Inch Service Connection 5 EA 1,600.00 one thousand six hundred 8,000.00 5j 5/8-Inch Copper Tubing 2,300 LF 25.00 twenty-five 57,500.00 5k 1-Inch Copper Tubing 300 LF 26.00 twenty-six 7,800.00 North College Ave Water Mn C-96/451-7348 B-3 aid �� E----^ . . . - - - --~ ----1 — J CARMEL, INDIANA CONTRACT 96 BASE BID 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 com•uted in accordance with paragra•, 11.8 of the General Conditions. 6 12-Inch Butterfly valve 4 EA 4,000.00 four thousand 16,000.00 7 Hydrant Assembly 6 EA 5,500.00 five thousand five hundred 33,000.00 8 Special Backfill 1,300 CY 35.00 thirty-five 45,500.00 9a 12-Inch Aggregate Base 170 CY 40.00 Forty ; 6,800.00 9b 4-Inch Bituminous Leveling Course(Street) 100 TON 80.00 eighty 8,000.00 9c 1.5-Inch Bituminous Wearing Course(Street) 50 TON 100.00 one hundred 5,000.00 9d Concrete Curb 340 LF 40.00 forty 13,600.00 9e Concrete Walk 1,200 SF 9.00 nine 10,800.00 9e Concrete Drive 300 SF 20.00 twenty 6,000.00 9g Concrete Handicap Ramp 250 SF 50.00 fifty 12,500.00 10 Seed 8 Mulch(INDOT,Type U,Section C- 1,200 SY 2.00 two 2,400.00 02800) 11 Record Documents 1 LS 2,000.00 two thousand 2,000.00 Total Base Bid Amount: , $669,180.00 North College Ave Water Mn C-96/451-7 48 B- Bid CARMEL, INDIANA CONTRACT 96 BASE BID 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. Alternate Bid Items 5a 12-Inch Watermain, HDPE, DR-11,DIP, 680 LF 90.00 ninety 61,200.00 . Horizontal Directional Drill 51 Connection on 106th and College, 1 LS 10,400.00 ten thousand four hundred 10,400.00 Existing 16-Inch Watermain 8 Special Backfill 1,100 CY 35.00 thirty-five 38,500.00 9a 12-Inch Aggregate Base 45 CY 50.00 fifty 2,250.00 9b 4-inch Bituminous Leveling Course(Street) 30 TON 90.00 ninety 2,700.00 9c 1.5-Inch Bituminous Wearing Course(Street) 15 TON 110.00 one hundred ten 1,650.00 9d Concrete Curb 120 LF 40-00 forty 4,800.00 9e Concrete Walk 660 SF 9.00 nine 5,940-00 _ 1 Total Alternate Bid Amount: $127,440.00 Total Base&Alternate Bid Amounts: $796,620.00 North College Ave Water Mn C-96/451-7343 13-5 Bid �— ~— r--_ BID BOND #1001128669-6 KNOW ALL BY THESE PRESENTS, that the undersigned 'Name of Contracto' SC Case Excavating,LLC [Address of Contractor) 171 E.Streeter Ave.,Muncie,IN 47303 a(corporation, Partnership or Individual Corporation hereinafter called the Principal, and the jBondincNamei Aniencan Contractors Indemnity Company , a corporation duly organized under the laws of the State of CA �._ as Surety, hereinafter called the Surety, held and firmly bound unto the City of-Carmel, Indiana at One Civic Square, Carmel, Indiana 46032 as Obligee, hereinafter called the Obligee, in the penal sum of ten percent of the total amount bid,not to exceed$110,000.00 Dollars (d (1090 or the io al amount__ — but In no case more than 10%of the Contract Price, for -P I the payment of which sum,well and truly to be made, the Principal and the Surety, bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. Signed, this 2nd _day of __._.October , 20 19. The Condition of the above obligation is such that whereas the Principal has submitted to Owner a certain Bid Proposal, attached hereto and hereby made a part hereof to enter into the Agreement in writing, for the North College Ave Water Main._Contract96. NOW, THEREFORE, (a) If said Bid Proposal shall be rejected, or (b) If said Bid Proposal shall be accepted and the Principal shall execute and deliver the Agreement in the form attached hereto(properly completed in accordance with said Bid Proposal) and shall furnish a Performance Bond for faithful performance of the Agreement, and a Payment Bond for the payment of all persons performing labor furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of the Bid Proposal,then this obligation shall be void, otherwise the Bid Bond shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated, This Bid Bond shall adhere to the requirements of Ind. Code§ 36-1-12-4.5. The Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and its Bid Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid Proposal; ar)d said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have set their respective hands and seals,and as representatives of their respective entities have caused their North College Ave Water Mn C-96/461-7348 C17Y OF CARMEL ( -t) Bid Bond r r appropriate seals to be affixed and signed by their proper officers, the day and year first (� set forth above. SC Case Excavating,LLC Principal By:f t _.. I , OWE (TIN) [Must be signed by principal of organization or person executing Signature Affidavit (Form SA 1)]. American Contractors Indemnity Company _. Surety -�- Todd A.Stein(Attorney-In-Fact) cril3) 1 I . I . I I . I . I I `a North College Ave Water Mn C-961451-7348 CITY OF CARMEL (B8-2) Bid Bond L.. r TOKIOMARINE ( 1444. H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY r UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company,a California corporation, Texas Bonding Company,an assumed name of American Contractors Indemnity Company,United States Surety Company,a Maryland corporation r and U.S. Specialty Insurance Company,a Texas corporation(collectively,the"Companies"),do by these presents make, constitute and appoint: Jeff McQuate,Todd A.Stein or Mark Levinson of Cleveland,Ohio r Its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other Instruments or contracts of suretyship to Include riders, amendments, and consents of surety, providing the bond penalty does not exceed Six Million Flve Hundred Thousand Dollars ( "'6,500 000.00"' ).This Power of Attorney shall expire without further action on April 23rd,2022.This Power of Attorney is granted l under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice•President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power end authority to appoint any one or more suitable persons as Attorneys)-In-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of end on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances,contracts,agreements or indemnity end other conditional or obligatory undertakings,Including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-In-Fact shall be binding upon r the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which II Is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 16'day of June,2018 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURET ,CO?t PANY att.S:,S,PECIALTYJNQURANCE COMPANY t'"+`"�sroy^.,, e,n,H c; dtF;e eu_?F!{ ate+y-.+.r..kc"'q o '� .4a�, de;"� a� �� I. - .y� �'`�` '.off State of California .47 ' l :; .__A.,'\ P;'- " `' zit . VA _ County of Los Angeles A'. h•'0" ,o, ,, f ks`7.., $ fit(� ° f By `''-.„N.ot:"" 4,'�-is*'�` ti ,e ,, , Daniel P.Aguilar,Vice President rANotary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to hich this certificate is attached,and not the truthfulness,accuracy,or validity of that document On this le day of June,2018,before me,Sonia 0.Carrejo,a notary public,personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i WITNESS my hand and official seal. xra,o.uer... tounp'„R,.vr t Signature k1 i . a 1 -- (seal) s «:,,,,mf 1111U7 ` N Cc�r.tip].Apr 77,N;, ir I, Kio Lo, Assistant Secretary • American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executer.'by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. ' In Wtness '.ryitereo , av rettt,itG set my hand and affixed the seals of said Companies at Los Angeles, California this day of p . ,my, . Corporate Seale :; 4 c' }0 ►. l.i` j1 '' i Bond No. I t411a.$66 6_ �. `A r ,,, o,f` E '\ `,_ s °t J.1 i , '' . .T�` 3 f '— Kio Lo, Assi•T Secretary Agency No. 912p____ _ — '`P4i,ri. ,,i. cr' . I HCCSMANPOA05r24 I B visit tmhcc.comisurety for more information i r 10216 Department of Insurance State of Indiana f) FFIIl OF ri. _ ..;i .. "1: - 4C i;14,r1‘.':::' <6. ''.*:' ': ' - � • qd/ifi TEDay :striir i(ttr it g,4 I:1%li 0 - �..� : ; t ,e - y. 5�� • •try •Y ; .. f'� . '=1• e• . , - A e•6i: w X ltoy. .'.•.e • .or20, 1999 1 Whereas, T r,v :-r,,0, i-ari ractorsLlnc1emnity- o , mpany_•f ;o •x i.ti- ifo 'a having complied 4 Lat �� entsofthe !ulatitg Stock as)I- of �•.1,4 . .t• •anl:4do,og business in e ° ••7 -• 9 'ndiana. .,Mies`-.• i t,3- '`11''` '•' 'f4, Nt\ i. r • E '• .X. lGr�, e:t.,•..:��1,.�.,. `Y: .aa�;! .r_7�..f.... It 6 ,c,_�1- - 1 1 Therefore, as• urance co e i ;e 3 t ��,!,�of I••Iona`by'vllrtuq I a 'r g 4 �' 3ed in me b-iaw, 1 do hereby authorize, empo:.•.r and `•:1a elf oil tp of c, nfl;Tr�"�i 4.r actIslap e.ri�+„j;.:.,•jsiness or° Class2 ('1t 4it ° % 1 3 34 .� .r,s s through its duly auth e.-d a. ` r z`` a=[t• •'' 1•`r ' s'!•.r1 o ae l't t t,•'` :la -a° ere() ••Tinch are ''ice P6, for �f,-wi"vi'..'• *� 3-iv' applicable to said Comp., 00"' _11+k,_. - --, , e• ,;�, ,o ..:4 t. .;...•,-f•;„rz-,,4.1.' ". " 1W ES ONY WHEREOF 1 hereunto ' :•subscribe my name and affix the seal of my office the date written above. 11 • f iI - 1NSU NCE CoMMlSS10 I 1 • . ( 4/� �'--�, CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 tt �T i; Slate Form 52414(R2 I 2-13)1 Form 96(Revised 2013) '�\,_ ;i! Prescribed by State Board of Accounts yes PART I (To be completed for all bids. Please type or print) Date (month, day,year): 10/2/2019 1. Governmental Unit(Owner): City of Carmel 2. County : Hamilton 3. Bidder(Firm): S.C. Case Excavating LLC Address: 171 E. Streeter Avenue City/State/ZlPcode: Muncie, IN 47303 4. Telephone Number: 765-282-4953 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 Contract 96 North College Avenue Water Main (Governmental Unit)in accordance with plans and specifications prepared by Jones& Henry and dated 2019 for the sum of Six hundred sixty nine thousand one hundred eighty dollar $ 669,180.00 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. i r r ACCEPTANCE The above bid is accepted this day of , subject to the r following conditions: I ' Contracting Authority Members: I ! PART II (For projects of$150,000 or more— IC 36-1-12-4) I Governmental Unit: City of Carmel f ` Bidder(Firm) S.C. Case Excavating LLC I Date (month, day, year): 10/02/2019 I i 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 1 . 1. What public works projects has your.organization completed for the period of one(1)year prior to the date of the current bid? Completion Contract Amount Class of Work Date Name and Address of Owner 509,605.59 Storm,Sanitary Sewer 2016 City of Muncie, 300 N. High Street i . 362,745.43 Waterline 2016 Ball State University 78,304.00 Storm, Earthwork 2017 ball State University 260,723.00 Concrete,parking lots_ 2016 City of Muncie 2. What public works projects are now in process of construction by your organization? Expected Contract Amount Class of Work Completion Name and Address of Owner I Date , 266,000.00 Sanitary/Storm 12/2019 _ Rush County Commisioners 1,020,000.00 Storm Sewer/earthwork/sanitary 10/2019 Hamilton Heights School CorpL. 926,667.00 Sanitary forcemain 10/2019 Fall Creek Regional Waste District 1,092,302.00 sanitary,storm,earthwork 11/2019 Henry County Commisioners L L 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. Tom Bailey Excavating,lnc.-Tom Bailey Irving Materials, Inc.-Larry Robinson _ J.G. Case Construction, inc.- Chuck Case Pridemark Construction, Inc.-Mike Tschuor SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative or when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) S.C. Case Excavating LLC could begin work as soon as a notice to proceed is given. We would have a crew of 5-7 men/women working together to complete the project within the contracts time frame. 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. J.G. Case Construction, inc. 171 E. Streeter Avenue, Muncie IN 47303-Sanitary, storm,water line Manor Bros Concrete Work-7025 E CR 900N Albany, IN 47320- Concrete work Tom Bailey Excavating, Inc.-14685 N 175E Eaton, IN 47338-Dirt work/grading Contryside Companies LLC-3535 N CR800 E Parker City, IN/Pavers F. 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract r' approval. Until the completion of the proposed project,you are under a continuing obligation to I immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. ( T Daystar Directional Drilling-HDD , S.C. Case is not requiring a bond 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. 3-Excavators, 2-backhoes, 2-skid steers- 2-dump trucks 1-Vac truck, 1-boring machine • I . 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. I , Yes, S.C. Case Excavating LLC will receive prices for all materials to complete this project. I . - I . SECTION III CONTRACTOR'S FINANCIAL STATEMENT 1 , Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial I statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to I the governing body awarding the contract must be specific enough in detail so that said governing body can make F a proper determination of the bidder's capability for completing the project if awarded. L L Part of State Form 52414(R2/2-13)/Form 96(Revised 2013) BID OF S.C. Case Excavating LLC (contractor) 171 E. Streeter Avenue (Address) Muncie, IN 47303 FOR PUBLIC WORKS PROJECTS OF Contract 96 North College Avenue Water Main Filed _ Action taken AMERICAN CONTRACTORS INDEMNITY COMPANY STATUTORY STATEMENT OF ADMITTED ASSETS, LIABILITIES,CAPITAL AND SURPLUS(1) December 31,201 B Admitted Assets Liabilities and Capital and Surplus investments: Liabilities: Fixed Maturities,at amortized cost 344,563,572 Unpaid loss and loss adjustment expense 15,840,011 Cash and short term investments 10.807,797 Commissions payable 1,322,625 Total cash and Invested assets: 355,371.369 Accrued expenses 5,392,189 Taxes,licenses and fees 383,300 Current federal income taxes 778.850 Unearned premiums 10,378,636 Advance premiums 1,003,214 Ceded reinsurance balance payable 1,133811 Amounts withheld or retained for others 190,055,656 Provision for reinsurance 6,004 Payable to parent,subsidiaries and affiliates 11,671,682 Unearned fee revenue 273,982 Deferred ceding commission 3,196,620 Investment income due and accrued 3,525,186 Total liabilities 241,436.579 Premium receivable 2,705,286 Recoverable from reinsurers 2,075,143 Capital and Surplus: Net deferred tax asset 2,249,070 Capital Stock 2.520,000 Electronic data processing equipment 23,890 Additional paid-in and contributed capital 32,063,473 Receivable from parent,subsidiaries and affiliates 1,887,081 Unassigned surplus 91,876,130 Other miscellaneous assets 59,157 12,524,812 126,459.602 Total admitted assets 367,896,181 Total liabilities and capital and surplus 367,896,181 (1)-In accordance with the statutory financial statements as filed on March 1.2019. 1,Peter W.Carman,Chief Financial Officer of American Contractors Indemnity Company,hereby certify that to the best of myknowtedge and belief,the foregoing is a full and true Statutory Statement of Admitted Assets,Liabilities and Capital and Surplus of the Company as of December 31,2018,prepared in conformity with accounting practices prescribed or permitted by the State of California Department of Insurance The foregoing statement should not be taken as a complete statement of financial condition of the Company. Such a statement is available upon written request at the Company's home office located at 801 South Figueroa Street,Suite 700,Los Angeles,California 90017. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of the Corporation at Los Angeles,California. Peter W rman Senior Vice President&CFO SIGNATURE AFFIDAVIT STATE OF INDIANA ) ) SS: COUNTY OF :Wi91.1)A,PE) Before me, the undersigned notary public, appeared [Name of Bidder] and being duly sworn, on his oath says that he/she is [Title] of [Name of Company] on North College Ave Water Main Contract 96 , 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 II 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, corr , and current. By: . a (Signature) allilE7e, (Title) J / (Printed or typed name of Com y) (Must be signed by principal of organization) STATE OF 10/RA/A ) ) SS: COUNTY OF PkilgaQE" ) Seykie (1 (lase persolaalIy appeared foe me, a Notary Public, in and for said County and State, this c:9" '' day of (e4,6E,Q , 20L after being duly sworn upon his oath, says that the facts alleged in the foregoing affidavit are true. My Commission Expires: 3.073•a?1,/ tary Public— Si nature u y of Residence: f �- idq/ee` N ary Public — Printed Name t ;..,. VIRGIE M.ISOM +°;�.�.' Delaware County 1,.„, sup • : My CommiSsion Expires • ;gollege Avea/ett@l302C-961451- 46 (SA-1) CITY OF CARMEL 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. Name of Contr tor) Subscribed and sworn to this N-• day of a/hrie , 2019 . Printed: .17 le e eet.,.‘c,/ •`i'; i .: •r anization or person executing Signature A 1:ga) Delaware County 5,A, �: My Commission Expires • March 23,2024 ? My Commission Expires: .� •=1 3• _ , 20 1 Resident of �1 �/��� County. [Note: The form must be signed by the same person(s) who sign(s) the Bid Proposal.] North College Ave Water Mn C-96/451-7348 NC-1 CITY OF CARMEL • Affidav'.t of Non-Collusion • 1 ' I 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 City of Carmel, Indiana and the undersigned (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. 5,C. Cal‹. freer4A-11:1 (N e f Contractor) By: CO-11)C' Title: Ei2 [Must be signed by principal of organization or person executing Signature Affidavit]. �...e..:c ' 0/34 day of C 7 AEAO , 20 /9. VIRGIE M.ISOM ,MY Delaware Delaware County ) My Commission Expires ,a March 23 2024 Prin eq: l/lf��lE /�► 7JDix/ y Commission tic ' es: J.,23.,2 Resident of County. North College Ave Water Mn C-96/451-7348 ND-1 (Form LPW-0.25) CONTRACTOR'S AFFIDAVIT OF SUBCONTRACTORS EMPLOYED The following sub-contractors will perform work on North College Ave Water Main, Contract 96, 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) 1. D,y51-4.( J4bD f6 AO.00 Yes Dr;tl,un f 2. . ()JOIN True ;k� ucKt (11000.6° No 3. �► 00 eranc Elw,ronmeyro, SW PPP i3,oO� 4. 5. 6. 7. 8. • 9. 10. , . .. • . 11. 12. 13. 14. 15. North College Ave Water Mn C-961451-7348 SE-1 Affidavit of Subcontractors Employed { NOTICE OF AWARD TO: S.C. Case Excavating, LLC 171 East Streeter Ave. Muncie, Indiana 47303 (Contraclor) Project Description: North College Ave. Water Main, Contract No.96 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, pending financing with SRF funds on this project. . You are hereby notified that your Bid Proposal for the Base Bid ($669,180.00) and the Alternate Bid ($127,440.00) has been accepted for items in the amount of $796,620.00. Please note it is possible that the Alternative Bid work may not be constructed. We will inform you of this decision when the funds for this project are in place and the Owner is ready to execute the Contract Documents. . 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 . .__ l day of .-_-- d4 _ 20.1. By/ John Duffy Title: Utilities Director ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by _ this_ _ _____ day of _, 2019. (NA-1) CITY OF CARMEL Nolfco of Award I r r . • This Page was Intentionally Left Blank I 1 , 11 L L AGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement is made this r't day of o c i i ,- , 20 t1 , by and between City of Carmel, Indiana, Board of Public Works and Safety, One Civic Square, Carmel, Indiana 46032 ("Owner") and ("Contractor"), for the project known as North College Ave Water Main, Contract 96 to be constructed on site where shown on the drawing(s) in Carmel, Indiana (the "Project"). Owner: City of Carmel, Indiana Board of Public Works and Safety One Civic Square Carmel, IN 46032 Contractor: S. C. Case Excavating, LLC 171 E. Streeter Ave. Muncie, IN 47303 Project: North College Ave Water Main Contract No. 96 Engineer: Jones & Henry Engineers, Ltd. 1980 E 11 6th St. Ste 260 Carmel, In 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 drawings, and plans or drawings of a later date shall take precedence over those of North College Ave Water Mn C-96/451-7348 A-1 Agreement Between Owner and Contractor 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 inconsistency or conflict between the Drawings and Specifications, or within either r, 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 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 I ' 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-16, inclusive). 1.2 Contractor's Bid (pages B-1 to B-6, inclusive) - Exhibit A. 1.3 Performance Bond - Exhibit B. 1.4 Payment Bond - Exhibit C. 1.5 Contractor's Final Affidavit and Waiver— Exhibit D 1.6 Contractor's Progress Affidavit and Waiver— Exhibit E 1.7 Change Order- Exhibit F 1.8 Confined Space Acknowledgement— Exhibit G. 1.9 General Conditions (pages GC-1 to GC-47, inclusive). 1.10 Special Conditions, if any (page SC-1 to SC-138 inclusive. I 1.11 Specifications, consisting of all sections listed in Table of Contents thereof with the general title: North College Ave Water Main / Contract 96 1.12 Addenda numbers 1 to 1 inclusive. 1.13 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. L North College Ave Water Mn C-96/451-7348 A-2 Agreement Between Owner and Contractor L 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 North College Ave Water Main Contract No. 96 (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. 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 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 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 North College Ave Water Mn C-961451-7348 A-3 Agreement Between Owner and Contractor 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. 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 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 I (including the Addenda enumerated herein) and the other related data identified in the Bidding Documents including "technical data." 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 local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 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. 6. 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; 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 1 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 North College Ave Water Mn C-96/451-7348 A-4 Agreement Between Owner and Contractor I 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 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 One Hundred (100) days 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 One Hundred Twenty (120) days after the date when the Contract Time commences to run. 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 North College Ave Water Mn C-96/451-7348 A-5 Agreement Between Owner and Contractor 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. r. 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 ail trades concerned, to the end that the r' 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 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 I 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 I cost from Contractor's Contract Sum. C. Delay. Should the progress of the Work or of the Project be delayed by I any fault or neglect or act or failure to act of Contractor or any of its officers, agents, 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 I 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 t , 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 North College Ave Water Mn C-96/451-7348 A-6 Agreement Between Owner and Contractor L 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 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 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 FIVE HUNDRED DOLLARS ($500.00) 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 FIVE HUNDRED DOLLARS ($500.00) for each day that expires after the time specified in Article 4 for completion and readiness for final payment. Article 5. Contract Sum. Owner agrees to pay Contractor for the timely and proper performance of the Work, subject to additions and deductions provided therein and in accordance with the Contract Documents in current funds based on the bid prices as set forth in the conformed copy of the Contractor's Bid attached hereto as Exhibit A, North College Ave Water Mn C-96/451-7348 A-7 Agreement Between Owner and Contractor the sum of Seven hundred ninety six thousand six hundred twenty ($ 796,620.00 )("Contract Sum"). r, The Contract Sum, including authorized adjustments, is the total amount payable by Owner to Contractor for performance of the Work under the Contract 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. 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 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. 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 1 , 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 1 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 L 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 North College Ave Water Mn C-96/451-7348 A-8 Agreement Between Owner and Contractor L 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. 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 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 North College Ave Water Mn C-96/451-7348 A-9 Agreement Between Owner and Contractor 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 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 I 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 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. 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 f 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 I 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 j 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 North College Ave Water Mn C-96/451-7348 A•10 Agreement Between Owner and Contractor I 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 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. North College Ave Water Mn C-96/451-7348 A-11 Agreement Between Owner and Contractor Article 9. Owner's, Contractor's and p Engineer's Representations. 9.1 The Owner's Representative is: Mr. John Duffy, Utility Director 30 West Main St, Ste 200 , Carmel, Indiana 46032 9.2 The Contractor's Representative is: I Article 10. Miscellaneous, I 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 I 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. 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 North College Ave Water Mn C-96/451-7348 A-12 Agreement Between Owner and Contractor I 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. The remaining part of this page is intentional blank. North College Ave Water Mn C-96/451-7348 A-13 Agreement Between Owner and Contractor ( ' This Agreement will be effective on J) i b'r- (9 , 2019 (which is the , Effective Date of this Agreement as defined in the General Conditions). City of Carmel, Indiana S. C. Case Excavating, LLC Owner Contractor It's Board of Works & Public By Safety By 4ejt <—[CORPORATE SEAL] ayor and Member IVMember Member Attest Attes 1(41QQ---C/L: C Christine Pauley, Clerk-Treasurer Address for giving notices Address for giving notices One Civic Square 171 E. Streeter Ave. Carrnel, IN 46032 Muncie, IN 47303 License �o. Agent for service of process: North College Ave Water Mn C-96/451-7348 A-14 Agreement Between Owner and Contractor 4 INSTRUCTIONS FOR EXECUTING AGREEMENT • If the Contractor is a corporation, the following certificate should be executed by an officer of the firm other thani the Agreeme t signee: er- certify that I am the ©wile/ of the corporation named as Contractor hereinabove: that 5k/cr c_. ( who signed the foregoing Agreement on behalf of the Contractor was then Q(,cihe/ 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 he 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. North College Ave Water Mn C-96/451-7348 . A-15 Agreement Between Owner and Contractor 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, I•, 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. 1 . 1 . I . I I 1 , ii L North College Ave Water Mn C-96/451-7348 A-16 Agreement Between Owner and Contractor