HomeMy WebLinkAboutCalumet Civil Contractors, Inc./ENG/$833,129/Sewer and Storm Water Improvements DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89
V,a1U111V1 A-1 V11 V—V1111(1,WI a,111V.
Engineering Department-2020
Appropriation#206 43-509.00,250 43-509.00 Fund;P.O. #104332
Contract Not To Exceed$833,129.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Calumet Civil Contractors, Inc., an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT,ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 206 43-509.00 CUM Cap Sewer Fund and 250 43-509.00 Storm Water Fund
funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this
Agreement by applying at all times the highest technical and industry standards. Vendor will not perform any
of the Services detailed in Exhibit A prior to obtaining a written Notice to Proceed from the City. Upon
receiving a Notice to Proceed, the Vendor shall perform only those Services specifically detailed in the
Notice. If the Vendor desires clarification of the scope of any Notice to Proceed, the Vendor shall obtain
such clarification from the City in writing, prior to performing the service set forth in the Notice to Proceed.
Any services performed without the City's prior express written authorization will not be compensated.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Eight Hundred Thirty Three Thousand One Hundred Twenty Nine Dollars
($833,129.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty
(30) days detailing the Goods and Services provided to City within such time period. City shall pay
Vendor for such Goods and Services within thirty-five (35) days after the date of City's receipt of
Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not
disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an
invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise
performed and satisfied all the terms and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering
Department Bid Proposal Package for "Project 18-23; Auman Neighborhood Drainage Improvements
Oswego Road and Shoshone Drive" received by the City of Carmel Board of Public Works and Safety on or
about September 16, 2020, all of which documents are incorporated herein by reference, and that the Goods
and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor
acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services
provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and
are fit and sufficient for their particular purpose.
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DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89
V,a1U111V1 A-1V11 V—V1111(1,WI a,111V.
Engineering Department-2020
Appropriation#206 43-509.00,250 43-509.00 Fund;P.O. #104332
Contract Not To Exceed$833,129.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c)fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request,with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
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DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89
V.0.1U111V1 A-1V11 V—V1111(1,WI a,111V.
Engineering Department-2020
Appropriation#206 43-509.00,250 43-509.00 Fund;P.O. #104332
Contract Not To Exceed$833,129.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E-Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E-Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement
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DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89
V,a1U111V1 A-1 V11 V—V1111(1,WI a,111V.
Engineering Department-2020
Appropriation#206 43-509.00,250 43-509.00 Fund;P.O. #104332
Contract Not To Exceed$833,129.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND Douglas C. Haney,
One Civic Square Corporation Counsel
Carmel, Indiana 46032 Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Calumet Civil Contractors, Inc.
4898 Fieldstone Drive
Whitestown, Indiana 46075
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
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DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89
V,a1U111V1 A-1V11 V—V1111(1,WI a,111V.
Engineering Department-2020
Appropriation#206 43-509.00,250 43-509.00 Fund;P.O. #104332
Contract Not To Exceed$833,129.00
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2020 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
27. IC 5-16-13.
The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference.
28. DEBARMENT AND SUSPENSION
28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term "principal" for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
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DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89
Calumet Civil Contractors,Inc.
Engineering Department-2020
Appropriation#206 43-509.00,250 43-509.00 Fund;P.O. n104332
Contract Not To Exceed 5833,129.00
28.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City's
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
29. IRAN CERTIFICATION.
Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
29. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA Calumet Civil Contractors, Inc.
by and through its Board of Public
Works and Safety
• .4 By: By:
Not Present
James Brainard, Presiding Officer Aut, rrize`d Signature
Date:
D sg ebv: • Kevin S. Green
rilun a`^" Printed Name
Mary Ann Burke, Member
Date: 11/4/2020 President
D sy eer Title
Fjovi Glaholn,
Lori S.nWatson,Member FID/TIN: 35-1151771
Date: 11/4/2020
Last Four of SSN if Sole Proprietor:
ATTEST:
Date: October 12, 2020
�DocoS:gned by:
Su/. (PoLf b
Sue Wolfgang,Clerk
Date: 11/4/2020
�S.4-.0.Pmf .S.r.k finnf.Si c.F.pamrinp:02y'fialunn C1.il Cmnaary Cmt..,d Sen iu.dnr I6,6'!B24,I fig PM
6
DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89
BID PROPOSAL SUMMARY PAGE
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.
The prices indicated on this sheet shall be read aloud during the
bid opening and shall match the prices indicated in Part 2 of the
Bidders Itemized Proposal and Declarations.
Company: Calumet Civil Contractors, Inc.
Project Name: Project No. 18-23
Auman Neighborhood Drainage Improvements
Oswego Road and Shoshone Drive
Date
Submitted: September 16, 2020
Base Quote
$472,455.00
Amount:
EXHIBIT
Revised 8/26t2020 A (1 of 14)
DocuSign Envelope ID: 18602746-7642-4CF0-9838-7738D50FAC89
PART 1
BIDDER INFORMATION
(Print)
1.1 Bidder Name: Calumet Civil Contractors, Inc.
1,2 Bidder Address: Street Address: 4898 Fieldstone Drive
City: Whitestown State: IN Zip: 46075
Phone: 317-769-1900 Fax: 317-769-7424
1,3 Bidder is a/an [mark one]
Individual Partnership X Indiana Corporation
Foreign (Out of State) Corporation; State:
Joint Venture Other
1.4 [The following must be answered lithe Bidder or any of its partners orjoint venture parties
is a foreign comoration. Note: To do business in or with the City of Cannel, hidiana,
foreign corporations must register with the Secretary of the State of Indiana as required
by the Indiana General Corporation Act as stated therein and expressed in the Attorney
General Opinion 12, dated January 23, 1958,1
.1 Corporation Name:
.2 Address:
.3 Date registered with State of Indiana:
.4 Indiana Registered Agent:
Name:
Address:
BID-3 EXHIBIT
Version 2016-08-31
A (2 of 14)
DocuSign Envelope ID: 18602746-7642-4CF0-9838-7738D50FAC89
PART 2
BID PROPOSAL
2.1 Base Bid - Shoshone Drive east to and including Oswego Road
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools,
apparatus, materials, equipment, service and other necessary supplies, and to perform and
fulfill all obligations incident thereto in strict accordance with and within the time(s)
provided by the terms and conditions of the Contract Documents for the above described
Work and Project, including any and all addenda thereto, for the Unit Prices applicable to
the Contract Items as stated in Part 3 Base Bid hereof, which Unit Prices, when multiplied
by estimated unit quantities for such Contract Items, total Four Hundred and Seventy Two
Thousand, Four Hundred and Fifty-Five Dollars ($ 472,455.00 ).The Bidder
acknowledges that evaluation of the lowest Bid shall be based on such price and further
acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely
for the purpose of Bid evaluation and Contract award, and are not to be construed as exact
or binding. The Bidder further understands that all Work which may result on the Contract
shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER
cannot and do not guarantee the amount or quantity of any item of Work to be performed
or furnished under the Contract.
2.2 Mandatory Alternate Bid#1 Shoshone Drive from Oswego Road east to West Auman
Drive
Mandatory Alternate Bid #1 shall include the Bidder to furnish all necessary labor,
machinery, tools, apparatus, materials, equipment, service and other necessary supplies,
and to perform and fulfill all obligations incident thereto in strict accordance with and
within the time(s) provided by the terms and conditions of the Contract Documents for the
above described Work and Project, including any and all addenda thereto, for the Unit
Prices applicable to the Contract Items as stated in Part 3, Alternate Bid #1 hereof, which
Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total
One Hundred and Thirty-Four Thousand, Eight Hundred and Ten Dollars
($ 134,810.00
2.3 Mandatory Alternate Bid#2 Shoshone Drive from West Auman Drive to East Altman
Drive
Mandatory Alternate Bid #2 shall include the Bidder to furnish all necessary labor,
machinery, tools, apparatus, materials, equipment, service and other necessary supplies,
and to perform and fulfill all obligations incident thereto in strict accordance with and
within the time(s) provided by the terms and conditions of the Contract Documents for the
above described Work and Project, including any and all addenda thereto, for the Unit
Prices applicable to the Contract Items as stated in Part 3, Alternate Bid #2 hereof, which
Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total
Two Hundred and Twenty-Five Thousand, Eight Hundred and Sixty-Four Dollars
($ 2.25,864.00
BID-4 EXHIBIT
Vrrsion2016M-31
A (3 of 14)
DocuSign Envelope ID: 18602746-7642-4CF0-9838-7738D50FAC89
PART 3
CONTRACT ITEMS AND UNIT PRICES
3.1 BASE BID
SHOSHONE DRIVE EAST TO AND INCLUDING OSWEGO ROAD
Prices In Figures
Contract Description/ Estimated Unit Total Price 1
U
Item No. Unit Price [in Wor nitds} Quantity Price for Item
1 Right-of-Way Clearing 1 LS $40,000.00 $40,000.00
2 Common Excavation 85 CYS $200,00 $17,000.00
3 Compacted Aggregate, No. 53,Base 465 TON $30.00 $13,950.00
4 HMA Surface,Type B 33 TON $125.00 $4,125.00
r
5 ,HMA Intemediate,Type B 35 TON * $115.00 $4,025.00
6 HMA Base,Type B 128 'ION —$90.00 $1152000
7 Milling(1.5") 120 SYS $35.00 $4,200.00
.._ '
8 Sidewalk, Concrete,4" 550 SYS $67.00 $36,850.00
...
9 16" Concrete Curb and Gutter with 825 LET
$40.00 $33,000.00
Subdrain
10 ADA Intel section Ramps with Detectable
Warning Surface with Oswego Road—
2 EACH $3,500.00 $7,000.00
Shoshone Drive Intersection Crosswalk
Linework
- —
11 Subsurface Drain in Swales 750 LET $20.00 $15,000.00
12 Pipe, RCP, 12",Type 2, Granular Backfill 222 LET $90.00 $19,980,00
13 Pipe, RCP, 15",Type 2, Granular Backfill 215 LFT $100.00 $21,500.00
14 Pipe, RCP, 18",Type 2, Granular Backfill 220 LFT $115.00 $25,300.00
15 Pipe, RCP, 24", Type 2, Granular Backfill ' 267 * LET $120.00 $32,040.00
16 Manhole, 4' Dia, Standard, with casting 8 EACH $5,000.00 $40,000.00
17 Manhole, 4' Dia, Doghouse, with casting 1 EACH $5,000.00 $5,000.00
18 Manhole, 5' Dia, Standard, 3' Sump, with 1 EACI1
$5,000.00 $5,000.00
casting
19 BMP1, Manhole, 4'Dia, Standard, with 1 EACH
. $5,000.00 $5,000.00
casting 1
20 BMP3, 6'Downstream Defender WQU 1 EACH $30,000.00 $30,000.00
21 2'X2'Concrete Box Inlet, with casting 6 , EACH $2,500.00 $15,000.00
22 2'X3' Concrete Box Inlet,, Doghouse, with 1 EACH
$3,000.00 $3,000.00
casting
23 Sewer Saddle 3 EACH $500.00 $1,500.00
24 Diversion Structures 1 EACH 1 $4,500.00 $4,500.00
25 1PCCP„ 6" 197 SYS $85.00 $16,745.00
131D-5
EXHIBIT
A (4 of 14)
DocuSign Envelope ID: 18602746-7642-4CF0-9838-7738D50FAC89
Base Bid continued
Contract Description/ Estimated Unit Total Price
Item No, Unit Price[in Words] Quantity 1 Unit Price for Item
26 Adjust Existing Sanitary Manhole to Grade 1 EACH $400.00 $400.00
27 Mailbox Assembly, Single Reset 6 EACH $400.00 $2,400.06
28 Topsoil — — -
1 10 CYS $72.00 $7,920.06"
29 Permanent Seeding with Blanket 470 SYS $5.00 $2,350.00
30 Temporary Inlet Protection-curb 7 EACI I $250.00 $1,750.00
31 Temporary Inlet Protection - yard 14 EACH SI50.00 $2,100.00
32 Maintenance of Traffic 1 ES $10,700.00 $10,700.00
33 Construction Staking/Layout 1 LS $10,000.00 $10,000.00
_ 34 Mobilization/Demobilization 1 LS $23,600.00 $23,600.00
Total Base Bid $472,455.00
3.2 MANDATORY ALTERNATE #1 SHALL BE OFFERED FOR THE PROJECT
SHOSHONE DRIVE FROM OSWEGO ROAD EAST TO WEST AUMAN DRIVE
1 Contract Description/ Estimated Unit Total Price
Item No. Unit Price[in Words] Quantity Unit Price for Item
I Right-of-Way Clearing 1 LS S10,000.001 S10,000.00
... 2 Common Excavation 10 CYS $700.00 $7,000.00
3 Compacted Aggregate, No, 53, Base 160 TON $30,00 $4,800.00
4 HMA Surface,Type B 10 TON $135.00 $1,350.00
5 HMA Intermediate, Type B 10 TON $130.06 $1,300.00
6 HMA Base, Type B 37 TON $90.00 $3,330.00
7 Milling(1.5") 35 SYS $40.00 $1,400,00
8 Sidewalk, Concrete, 4" 206 SYS $65.00 $13,390.00
9 6" Concrete Curb and Gutter with 330 1ST $43.00 $14,190.00
Suhdrain
10 ADA Intersection Ramps with Detectable 1 EACH $2,700.00 $2,700.00
Warning Surface
I 1 Subsurface Drain in Swales 195 LFT $27,00 $5,265.00
_
12 Pipe, RCP, 12", Type 2, Granular Backfill 330 LET $55.00 $18,150.00
_ _
13 Pipe, RCP, 15", Type 2, Granular Backfill 57 LFT $76.00 $4,332.00
14 Manhole, 4' Dia, Standard, with casting 2 EACII $5,000.00 $10,000.00
15 21.X2'Concrete Box Inlet, with casting - 4 EACH $2,800.00 $11,200.00
BID-6
EXHIBIT
A (5 of 14)
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Mandatory Alternate#1 continued
ContractDescription/ Estimated Unit Price Total Price
Item No, Unit Price [in Words] Quantity Unit for Item
16 PCCP, 6" 76 SYS $84,00 $6,384.00"
_
I 7 Mailbox Assembly, Single Reset I EACH $400.00 $400.00
I 8 Topsoil 55 CYS $70.00 $3,850,00
19 Permanent Seeding with Blanket 225 SYS $5,00 $1,125,00
20 Temporary Inlet Protection -curb 3 CACTI $250.00 $750.00
21 Temporary Inlet Protection - yard 3 EACH $150.00 $450.00
22 Maintenance of Traffic I LS $12,444.00 $12,444.00
23 Construction Staking/Layout I LS $1,000,00 $1,000.00
Total Mandatory Alternate#1 Bid $134,810.00
3.3 MANDATORY ALTERNATE#2 SHALL BE OFFERED FOR THE PROJECT
SHOSHONE DRIVE FROM WEST AUMAN DRIVE TO EAST AUMAN DRIVE
Contract Description/ Estimated Unit Price Total Price
t
Item No. lUnit Price [in Words] Quantity Uni for Item
1 Right-of-Way Clearing I LS $6,000.00 $6,000.00
2 Common Excavation 50 CYS $138,00 $6,900.00
3 Compacted Aggregate,No, 53,Base 95 TON $53.00 $5,035,00
4 HMA Surface,Type B 17 TON $145.00 $2,465,00
_
5 HMA Intermediate, Type B 15 l'ON $130.00 $1,950.00
6 HMA Base,Type B 65 TON $100.00 $6,500.00
7 Milling (1.5") 60 SYS $44,00 $2,640,00
8 Sidewalk, Concrete,4" 244 SYS $66,00 $16,104 00
9 6" Concrete Curb and Gutter with 405 LET $50.00 $20,250.00
Subdrain ..__
I 0 ADA Intersection Ramps with Detectable
Warning Surface with West Auman Drive I LACH $3,000,00 S3,000,00
Crosswalk Linework
11 Subsurface Drain in Swales 365 LH $20.00 $7,300.00
12 Pipe, RCP, 12",Type 2, Granular Backfill 239 LET $62.00 $14,818.00
13 Pipe, RCP, 18",Type 2, Granular Backfill 42 LET $86.00 $3,612,00
14 Manhole,4' Dia, Standard, with casting 1 EACH $6,500.00 $6,500.00
BID-7
EXHIBIT
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_Mandatory Alternate#2 continued
Contract Description/ Estimated Unit Price Total Price
Item No. Unit Price[in Words] Quantity Unit for Item
. _
15 Manhole, 5' Dia, Standard, 3' Sump, with I EACH $7,000,00 $7,000.00
casting
. _
I 6 BMP2, 10' Downstream Defender WQU I EACH $75,000.00 $75,000.00
17 2'X2' Concrete Box Inlet, with casting 3 EACH $2,000.00 $6,000.00
- _
18 Diversion Structures 1 EACH $7,000.00 $7,000.00
19 PCCP, 6"
27 SYS $95.00 $2,565.00
20 Adjust Existing Sanitary Manhole to Grade 1 EACH $700,00 I $700,00
21 Mailbox Assembly, Single Reset 1 EACH $400.00 $400.00
22 —Topsoil 85 CYS $70.00 $5,950.00
23 Permanent Seeding with Blanket 345 SYS $5.00 $1,725.00
24 Temporary Inlet Protection- curb 2 , EACH $250.00 $500.00
25 Temporary Inlet Protection - yard 4 EACH $150.00 $600.00
26 Maintenance of Traffic 1 LS $14,350.00 $14,350.00
_______
27 Construction Staking/Layout 1 LS $1,000.00 $1,000.00
Total Mandatory Alternate#2 Bid $225,864.00
EXHIBIT
BID-8 A (7 of 14)
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PART 4
CONTRACT DOCUMENTS AND ADDENDA
4.1 The Bidder agrees to be bound by the terms and provisions of all Contract Documents as
defined in the Standard General Conditions and incorporates such Contract Documents
herein by reference.
4.2 The Bidder acknowledges receipt of the following addenda:
ADDENDUM NUMBER DATE
One Sept. 4, 2020
Two Sept. 14, 2020
Three
Sept. 14, 2020
EXHIBIT
BID-9
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PART 5
EXCEPTIONS
Instructions To Bidders:
5.1 The Bidder shall fully state each exception taken to the Specifications or other Contract
Documents in Section 5.3 of this Part
5.2 Bidder is cautioned that any exception taken by Bidder and deemed by OWNER to be a
material qualification or variance from the terms of the Contract Documents may result in
this Bid being rejected as non-responsive.
5.3 Exceptions:
None
EXHIBIT
BID-10
Veision 2016.08-3I A (9 of 14)
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PART 6
FINANCIAL STATEMENT
6.1 Attachment of Bidder's financial statement is mandatory. Any Bid submitted without said
financial statement as required by statute shall thereby be rendered invalid. The financial
statement provided hereunder to OWNER must be specific enough in detail so that
OWNER can make a proper determination of the Bidder's capability for completing the
Work/Project if awarded. Information on Bidder's company and financial statement shall
be consistent with the information requested on the State Board of Accounts Forms #96a
and #102, entitled "Standard Questionnaires and Financial Statement for Bidders".
BID-I 1 EXHIBIT
Version 2016-08-31
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PART 7
ADDITIONAL DECLARATIONS
7.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws of the
United States and the State of Indiana prohibiting the discrimination against any employee
or applicant for employment or subcontract work in the performance of the Work
contemplated by the Agreement with respect to hire,tenure,terms, conditions,or privileges
of employment or any matter directly or indirectly related to employment or subcontracting
because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled
veteran status or Vietnam era veteran status. The City of Carmel reserves the right to
collect a penalty as provided in IC 5-16-6-1 for any person discriminated against.
7,2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and
informed himself/herself fully regarding all conditions under which he/she will be
obligated to operate and that in any way affect the Work, and knows, understands and
accepts the existing conditions. The Bidder further certifies that he/she has thoroughly
reviewed the Contract Documents, including all Addenda, and has had the opportunity to
ask questions and obtain interpretations or clarifications concerning Contract Documents.
BID-12 EXHIBIT
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PART 8
NON-COLLUSION AFFIDAVIT
The individual person(s) executing this Bid Proposal, being first duly sworn,depose(s) and state(s)
that the Bidder has not directly or indirectly entered into a combination, collusion, undertaking or
agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be bid
by another person, or (ii) to prevent any person from bidding, or (iii) to induce a person to refrain
from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any
other bids and without agreement, understanding or combination, either directly or indirectly,with
any persons with reference to such bidding in any way or manner whatsoever.
PART 9
SIGNATURES
[Signature by or on behalf of the Bidder in the spaces provided below shall constitute execution
of each and every Part of this Itemized Proposal and Declarations Document.SIGNATURE MUST
BE PROPERLY NOTARIZED.]
Bidders Name: Calumet Civil Contractors, Inc.
Written Signature:
d Rader
Printed Name:
Title: Vice President
Important -Notary Signature and Seal Required in the Space Below
STATE OF Indiana
SS:
COUNTY OF Boone
Subscribed and sworn to before me this 16thday of September
Ii
M202.0 464,„*•t‘A t•-•8
•03::\ciE'xhk,t• 0
My commission expires: 09/19/21 (Signed) /1/1
.474131'
Printed: Man L. Byron F sF,A1 ,
Hamilton Indiana Pun0
Residing in_ County, State of
BID-13 EXHIBIT
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BID BOND
City of Carmel
Instructions To Bidder
Bidders may use this form or other form containing the same material conditions and provisions as
approved in advance by OWNER/Obligee.
Bidder/Surety must attach a signed certified and effective dated copy of the Power of Attorney or Attorney-
In-Fact establishing the authority of the person(s)signing this Bid Bond on behalf of the Surety.
Surety company executing this bond shall appear on the most current list of"Surety Companies Acceptable
on Federal Bonds, " as specified in the U.S. Treasury Department Circular 570, as amended, and be
authorized to transact business In the State of Indiana.
KNOW ALL MEN BY THESE PRESENTS,that the undersigned
"Bidder": Calumet Civil Contractors. Inc.
and
''Surety": (Name] Fidelity and Deposit Company of Maryland
(Address] 300 S Riverside Plaza, Suite 2100
Chicago, IL 60606
•
a corporation chartered and existing under the laws of the State of
Illinois and authorized to do business in the State of
Indiana,
are held and firmly bound unto the City of Carmel, Indiana ("Obligee") in the full and just sum equal to
ten percent (10%) of the price stated in the Bid Proposal described in Part 2, including accepted alternates,
if any, to be paid upon demand of the Obligee, together with interest at the maximum legal rate from date
of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, to which
payment well and truly to be made we bind ourselves,our heirs,executors,administrators,successors,and
assigns,jointly and severally and firmly by these presents. Ten percent (10%) of the price stated in the Bid
Proposal is V3312.90
WHEREAS,the Obligee has solicited Bids for certain Work for or In furtherance of construction of public
improvements described generally as
Auman Neighborhood Drainage Improvements Oswego Road and Shoshone Drive
18-23
In general,the work to be completed on the Auman Neighborhood Drainage Improvements
Project involves the construction of new drainage structures and piping along the east side of
Oswego Road to convey flow from Shoshone Drive north to Nappanee Drive. New drainage
structures will also be constructed along the north side of Shoshone Drive approximately 250
feet east of South Rangeline Road to East Auman Drive to convey flow to existing and
proposed storm structures. The proposed storm system includes pipe, open channel swales,
curb and beehive inlets and water quality treatment structures.
Along with these storm water improvements, curb and sidewalk will be installed along the east side of
Oswego between Nappanee and Shoshone Drives and on the north side of Shoshone Drive from
approximately 250-feet east of South Rangeline Road to East Atonal;Drive connecting to existing and
proposed sidewalks in the project area.
EXHIBIT
BB-1
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A (13 of 14)
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pursuant to plans, specifications and other "Contract Documents" included as parts of and designated by
such solicitation; and
WHEREAS, the Bidder has submitted to the Obligee a Bid Proposal to perform such Work.
NOW THEREFORE: The conditions of this obligation are such that if the Bid Proposal be accepted,with
or without conditions,the Bidder shall within such time thereafter as prescribed by the Contract Documents
(I) fulfill all conditions of such award that remain to be fulfilled, (ii) execute a Contract in accordance with
the Bid Proposal and in the form and manner required by the Contract Documents, and (110 thereafter
provide all bonds,and other Documentation required by the Contract Documents to be delivered to Obligee
prior to commencing Work, including without limitation a sufficient and satisfactory Performance Bond
and Payment Bond payable to Obligee, each in an amount of one hundred percent (MOM of the total
Contract price as awarded and in form and with surety satisfactory to said Obligee, then this obligation to
be void; otherwise to be and remain in full force and virtue in law,and the Surety shall,upon failure of the
Bidder to comply with any or all of the foregoing requirements within the time specified above and as
prescribed by the Contract Documents, Immediately pay to the Obligee,upon demand,the amount hereof,
in good and lawful money of the United States of America, not as a penalty,but as liquidated damages.
IN TESTIMONY THEREOF, the Bidder and Surety have caused this instrument to be duly signed and
sealed this I Ith day of Septen2cy ,39: 2020
This Bid Bond shall bind the undersigned Surety whether or not also signed by the Bidder,
"Bidder" Calumet Civil Contractors, Inc. "Surety" Fidelity and Deposit Company of Maryland
By: By:
Printed: Printed:
Brad Rader, Vice President t.). miller 1.. Kasenia,A torney-in-Fact
Countersigned: N A
EXHIBIT
BB-2
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EXHIBIT B
Invoice
Date:
Name of Company:
Address &Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation&Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident/Disease: $1,000,000 each employee
Bodily Injury by Accident/Disease: $1,000,000 each accident
Bodily Injury by Accident/Disease: $1,000,000 policy limit
Commercial General Liability:
General Aggregate Limit(other than
Products/Completed Operations): $6,000,000
Products/Completed Operations: $5,000,000
Personal & Advertising Injury
Each Occurrence Limit: $5,000,000
Comprehensive Auto Liability(owned, hired and non-owned)
Bodily Injury and Property Damage: $5,000,000 each occurrence
Umbrella Excess Liability
If a commercial umbrella liability policy is used to satisfy the minimum limits of liability
requirements, the combined limits must equal these minimum limits of liability.
DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89
EXHIBIT D
AFFIDAVIT
,being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
(the "Employer")
in the position of
3. I am familiar with the employment policies,practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E-Verify program and has provided
documentation of such enrollment and participation to the City of Carmel, Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the day of , 20
Printed:
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
Printed:
DocuSign Envelope ID: 18602746-7B42-4CF0-9838-7738D50FAC89 Page 1 of 1
INDIANA RETAIL TAX EXEMPT 9
II itCity of cIiriii ci CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 104332
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,A/P
CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
10/5/2020 034249 18-23 Auman Neighborhood Drainage Improvements-
Construction
CALUMET CIVIL CONTRACTORS City Engineering's Office
VENDOR 4898 FIELDSTONE DRIVE SHIP 1 Civic Square
TO Carmel, IN 46032-
WHITESTOWN, IN 46075- Laurie Slick
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
50335
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 2200 Fund: 206 CUM Cap Sewer Fund
Account: 43-509.00
1 Each Auman and Newark Neighborhood Improvements $7,593.00 $7,593.00
Sub Total $7,593.00
Department: 2200 Fund: 250 Storm Water
Account: 43-509.00
1 Each Auman and Newark Neighborhood Improvements $825,536.00 $825,536.00
Sub Total $825,536.00
( QF CA J94,40.
III
.0 a II .,
* RI ■ U a IULA
mmit Send Invoice To:
City Engineering's Office
Laurie Slick
1 Civic Square
Carmel, IN 46032- I
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $833,129.00
SHIPPING INSTRUCTIONS *A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
*C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
*PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
*THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194 �r
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Jeremy Kashman James Crider
TITLE Director Director of Administration
CONTROL NO. 1 04332 CONTROLLER