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HomeMy WebLinkAboutCC & T Construction, Inc. APPROVED, AS TO FORM BY: AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby made and entered into by and between the City of Cannel, Indiana, acting by and through its Board of Public Works and Safety, C'City") and ** , C'Vendor"). ** C C & T Construction, Inc. TERMS AND CONDITIONS ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same and/or its provision of any goods and/or services ("Goods and Service") hereunder shall constitute Vendor's acceptance of all of the Agreement's terms and conditions. PERFORMANCE: City agrees to purchase the Goods and Services described in attached Exhibit A, which is incorporated herein by this reference, and Vendor agrees to provide same and to otherwise perform the requirements of this Agreement and to execute its responsibilities hereunder by following and applying at all times the highest professional and technical guidelines and standards. PRICE AND PAYMENT TERMS: The total price for the Goods and Services contemplated herehi shall be no more than $ 331 , 600.00 Vendor shah 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 shah pay Vendor for such Goods and Services within thirty (30) 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 accordance with the specifications set forth in Exhibit A. Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. Subject to the above, if the undisputed invoice amount is not paid within thirty (30) days of its receipt by City, Vendor shah so notify City. If such amount as is not disputed is not thereafter paid within ten (I0) business days tiom the date such notice is received by City, then a late charge in a sam equal to one percent (1%) of such unpaid and undisputed invoice amount shall accrue and be immediately due and payable by City to Vendor as a separate debt for each month it rema'ms unpaid. In the event an invoice amount is disputed, City shah so notify Vendor. If such dispute is not resolved to City's satisfaction within ten (10) business days after notice Of such dispute is given, City shall pay such amount as is in dispute, under protest, into the Cannel City Court, which court shall hold such monies until provided with a settlemere agreement signed by both parties hereto or a final judgmem has been entered thereon~ WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to the specifications, drawings, samples, instructions, directions and/or descriptions thereof fumished to Vendor by City and/or by Vendor to and accepted by City, that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. In addition, Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services covered by this Agreement have been selected and provided by Vendor based upon City' s stated use and will he fit and sufficient for the particular purposes intended by City. 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 shah thereaf[er perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. PRICE TERMS: All of the prices, terms and warranties granted by Vendor herein are at least as favorable to City as those offered by Vendor to other customers purchasing the same or similar Goods and Services under the same material terms and conditions. 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. Prior to and with 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 Goods and Services. FORCE MAJEURE: Any delay or failure of either party to perform its obligations hereunder shall he excused if. and to the extent, that it is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, actions by any governmental authority (whether valid or invalid), court injunction, fires, floods, windstom, explosions, riots, natural disasters, wars or sabotage; provided that notice of such delay (includ'mg the anticipated duration thereof) is given by the affected party to the other party within five (5) business days after discovery of the cause of such delay. During the period of such delay or failure to perform by Vendor, City, at its sole option, may purchase some or all of the same or similar Goods and Services from other sources and reduce those Goods and Services provided by Vendor hereunder by such quantity, without liability to Vendor, or have Vendor provide the Goods and Services from other sources in quantities and at times requested by City and at the price set forth in this Agreement. 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 shah have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. Vendor shah indemnify and hold harmless City from and against any and all liabilities, losses, claims, costs and expenses, including, but not limited to, attorney fees incurred by City in connection with any such lien and/or the removal thereof. This indemnification obligation shall survive the termination of this Agreement. 10. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Ageement, 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 fa'~ure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) aRer receipt of notice from City specifying such fa'~ure or breach; or (d) becomes insolvent, files, or has filed against it, a petition in bankruptcy, for receivership or other insolvency proceeding, makes a general assignment for the benefit of creditors or, if Vendor is a partnership or corporation, 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; (2) obtain, upon such terms and in such manner as City deems appropriate in ks sole discretion. the same or similar Goods and Services which were to be provided to City by Vendor, and Vendor shah be liable to City. for any excess costs of the City in obtaining same; and (3) exercise any other rights or remedies as are available to City at law and/or in equity. 11. 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 and reasonably acceptable to City. such insurance as is necessary for the protection of City and Vendor from any and all clamas ti>r damages or otherwise 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 and all of Vendor's agents, officers. employees. contractors, subcontractors and other persons; becanse of any injury to or destruction of property. includ'mg, but not limited loss of use resulting there~'om; or, otherwise. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C, which is incorporated herein by this reference. Vendor shall cause its insurers to name City as an additional insured on all insurance policies, shah 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 shah 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 Ageement, Vendor's use of City property. or otherwise. except for such liabilities, claims or demands that arise directly and solely out of the negligence of City. 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, sui:x:ontractors and other persons in the performance of this Agreement, or otherwise. These indemnification obligations shall survive the termination of this Agreement. 12. 13. 14. 15. 16. 17. 18. SETOFF: In addition to any right of setoff provided by law, all amounts due Vendor shall be considered net of indebtedness of Vendor to City; and City may deduct any amounts due or to become due from Vendor to City from any sums due or to become due from City to Vendor hereunder. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances 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, codes and ordinances. This indemnification obligation shah survive the termination of this Agreement. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors, subcontractors and other persons shall comply with all existing and future laws of the United States, the State of indiana and City prohibiting discrimination against any employee, applicant tbr employment or other person in the provision of any Goods and Services provided by this Agreement, with respect to the hire, tenure, terms, conditions or privileges of employment and to any other matter directly or indirectly related to employment or subcontracting because of race. religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnarn era veteran status. City reserves the fight to collect a penalty as provided in IC 5-I6-6-1 for any person so discriminated against. NO IMPLIED WAIVER: The failure of ekher party at any time to require performance by the other of any provision of this Agreement shall in no way 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 thereof. 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. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and Vendor and all of its officers, employees, contractors, subcontractors, agents and other persons are not and shaB not become employees of City, and the sole responsibility to pay to or for same all statutory, contractual and other benefits shall remain exclusively with Vendor. The contract price set forth herein to be paid hereunder by City to Vendor shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 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 further agree that, in the event a lawsuit is filed hereunder, they waive any fights to a jury trial they may have, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the 19. 20. 21. 22. appropriate venue for and has jurisdiction over same. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rnle of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or role, and the remaining provisions of this Agreement shall remain in full force and effect. NOTICE: Subject to paragraph 21 hereinbelow, any notice provided for in this Agreement will be sufficiem 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 Cannel One Civic Square Carreel, Indiana 46032 ATTN: (with a copy to City Attorney, One Civic Square, Carreel, IN 46032) If to Vendor: C C & T Construction, Inc. 5051 ProsDect Street Indianapolis, IN 46203 ATTN: Tony Page Notwithstanding the above, notice of termination under paragraph 21 hereinbebw shag be effective if given orally, as long as written notice is then provided as set forth hereinabeve within three (3) days ~om the date of such oral notice. TERMINATION: 21.1 Notwithstanding anything to the contrary comained 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 to pay for the Goods and Services to be provided hereunder. In the evem 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. 21.2 Either party hereto may terminate this Agreement at any time upon thirty (30) days prior notice to the other party. 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. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons or entities executing this Agreement have the authority to bind the party which they represent. 23. 24. 25. 26. 27. 28. 29. ADDITIONAL GOODS AND/OR SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and/or services to City. When City desires additional goods and/or services from Vendor, the Mayor or his duly authorized representative shall notify Vendor of such additional goods and/or services desired, as well as the time frame in which same are to be provided. Vendor shall then provide, at no cost to City, an estimated cost for such additional goods and/or services, as well as the date by which same will be provided to City. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and/or services shah Vendor be authorized to provide same, the idenf~ication of which shall be set forth in documents which shall be numbered and attached hereto in the order they are approved by City. TERM Subject to the termination provisions set forth in Paragraph 21 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2000, 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. HEADINGS All head'rag 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 hereo t2 BINDING EFFECT City and Vendor, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to this Agreement and to such other party's officers, officials, agents, partners, successors, assigns and legal representatives in all respects as to all covenants, agreements and obligations of this Agreement. NO THIRD PARTY BENEFICIARIES Nothing contained herein shall be construed to give any fights or benefits hereunder to anyone other than City or Vendor. ADVICE OF COgSEL: The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, have had the opportunity to obta'm the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily, and without any duress, undue influence, coercion or promise of benefit, except as expressly set forth herein. 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 19 hereof, to the extent any term or condition contained in any extfibit attached to this Agreement conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail, unless the parties hereto, or their successors in interest, expressly and in writing agree otherwise. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. [remainder of page intentionally left blank] 1N WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through ks Board of Public Works and Safety By: ~ ,,. ..~.~._ ~.t'Z. CL'~,-~J · ~. 7:7, ,;oc2o By: si~2~"'r :~ ) Tony Page Mary Ann Burke, Member Date: Date: Date: Printed Name Vice President Title 5/3/00 ATTEST: ~-/?- o~ Diana Cordray, I , asurer Date BOND # B-80432400 CINCINNATI INSURANCE COMPANY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That c'C&T CONSTRUCTION INC., 5051 PROSPECT ST., INDIANAPOLIS, IN 46203 as Principal. herejanitor called Contractor. and THE CINCINNATI INSURANCE COMPANY. a corporation organized and existing under the laws of the State of Ohio. as Surety. heroinafter called Surety. are held and firmly hound mrto CITY OF CARMEL, ]~OARD OF PUBLIC WORKS SAFETY, ONE CTVTC SQTTAY~R, C'ARMF. T,, TN ae 0hligee, hereinafler called 0w.er. i. the amou.l of THREE HUNDRED THIRTY ONE THOUfinlaND CTY ,qrlNr)K,'~r) DOLLARS AND 00/100 .................................... Dollars(.$ '~'~] ,6CLC).0(') ). for the payment whereof Contractor and Surety bind themselves, their heirs. executors. administrators. successors and assigns. jointly and severally, firmly by these presents. WHEREAS. Contractor has by written agreement dated . 19 , entered into a contract with Owner for PROJECT: 2000 CONCRETE REPLACEMENT PROGRAM io accordance with drawings and specifications prepared hy hereof. and is heroinafter referred to as the Carltract. (liere insert full name. title and address) which contract is by reference made a pad NOW. THEREFORE. TIle CONDITION OF TIllS OBLIGATION is such that, i[ Contractor sitall promptly and faithfully podarm said Contract. then mis obligation shaft be null and void. otherwise it shall remain in full Iorce and enact. The Surely hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, aod declared by Owner to be in dehult under the Contract. the Owner having performed 0wner's obligations thereunder. the Surety may promptly remedy the default, or shall promp0y (1) Complele the Contract in accordance with its ternis and conditions. or {2) Obtain a bid or bids for completing the Conlract in accordance with its terms aod conditions. and upon determination by Surety of the lowest responsible bidder. or if the Owner elects. upon determination by tile Owner and the Surety jointly of the lowest responsibie bidder, arrange. for a contract between such bidder and Owner, and made aveliable as Work progresses {even though there should be a default or a succession of defaults under the contract or contracts of completion miengod under Otis paragraph) sufficient funds to pay the cost of completion less the balance of the contact price; but not exceeding. including other costs and damages for which the Surety may be liable hereunder. the amount set forth in the first paragraph hereof. The term "balance of the contract price." as used in this paragraph. shall mean tile total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before tile expiration a[ two {2) years from the date on which final payment under the Contract falls due. No riglit of action shall accrue oe Ihis hood to or Ior the use of any person or corporation other than the Owner named heroin or the heirs. executors, administrators or successors ef {he Owner. Signed and sealed this _ 4TH day el ~_ 9: tC ~ (Witease) G'AIL LA~"LE~S~ (Witness) S-2100-AIA (11/92) ~X 2000 _CC&T CONSTRUCTION, INC. lq IPrioeipall //~ By ', ~'1 / 4, ,,- ',';; ' ' -"' ~ (Tide~ SHI~E~' FLAIG (~tomey-C,,-Fact} PRINTED IN COOPERATION WtTII Tile AMERICAN INSTITUTE 0F ARCHITECTS (AIA). BY THE CIN:;INNATI COMPANY WtlO VOUCHES THE MNGUAGE IN TIllS DOCUMENT CONFORMS EXACTLY TO THE ~NGUAGi US~Q {N AIA-311 PERFORMANCE BOND. FEBRUARY 1970 EDITION BOND ~B-80432400 'rim CINCINNATI INSURANCE COMPANY CINCINNATI, OIllO ; LABOR AND MATERIAL BOND d~atLt MEN BY THESE PRESENTS: · CC&T CONSTRUCTION, INC., 5051 PROSPECT ST., INDIANAPOLIS, IN 46203 as Priocipaf. /~;nafter called Principal, and THE CINCINNATI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Ohio, as Surety, hereinafter called Surety, are held and firmly bound unto C TrY OF CARNET,, BOARD OF PUBLIC WORKS & ~AFFTY, (3NR C'TVTP .qQTTARF., PARMET,, TN 46032 as Dbliges, heroinoffer called Owner, for the use and benefit of claimants as heroinbelow defined. in the amount of TRR K~ RTTT%TDR RD THTI~TY RT~F q"T~RTT,~AND RT~ RTTNDWED DOT,T.A~ AND OO/1OO---Dollars ($ 333,600.00 ), for the payment whereof Principal and Surety hind themselves, their heirs, executors, administrators. successors and assigns. jointly and severally, fiRely by these presents. WHEREAS. Principal has by written agreement dated ~_ , 19 . entered into a cDntract with Owner Ior ",PROJECT: 2000 CONCRETE REPLACEMENT PROGRAM in accordance with drawings and specifications prepared by hereof, and is heroinafter referred to as the Contract. (Here insert full name. tide and address) which contract is by reference made a pan NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that. if the Principal shall promptly make payment to all claimants as heroinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract. then this obligation shall be void; otherwise it shall remain in full force and effect, subject. however, to the following conditions: (1) A claimant is defined as one having a direct controd with the Principal or with a subcontractor of the Principal for [abor. material. or both. used or reasonably required for use in the performance of the contract. labor and material being construed to include that patt of water. gas, power. light, heat. oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) 1te above-named Principal and Surety hereby jointly and soveragy agree with the Owner that every claimant as heroin defined. who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such ciaimout's work or labor was done or performed, or materials were furnished by such claimant. may sue on this bond for the use of such claimant. prosecute the suit to final judgmenl for such sum or sums as may be justly due claimant, sad have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimnut, {a) Unless claimant, other than one having a direct contract with the Principal. shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days aher such claimant did or performed the fast of the work or labor. or fumished the last of ~e materials for which said claim is made. stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished. or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business. or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. {b) After the expiration of one {1) year following the date on which Principal ceased work on said Contract. it being undermood. however. that if any limitation embodied in this bond is prohibited by any law controlling the contraction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the coun~ or other political subdivision of the state in which the proiect, or any part thereof, is situated. or in the United States District Court for the district in which the project. or any part thereof, is situated. and not elsewhere. (4) The amount of this bond shaft be reduced by and to the extent of any payment or payments made in good faith hereunder. inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvemenL whether or nor claim for the amount of such lien be presented under and against this bond. Signed and sealed this 4TH day of MAY .._ ~X 9000 CCgT CONST~'T'CTTONr, ~ / '~ (Principal) (Witness) " / {~tle) / THE C~NNATI INSURANCE COMPANY (Witness) S~ZR~ ~AZG (~y-i.-~ ~ ,, This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and faithful performa,qc.~ of the Cent,act. S-2150-AIA (11/92) PRINTED IN COOPERATION WlTfl TIle AMERICAN INSTITUTE OF ARCNffECTS (AIA), BY THE CffiCINNATI If.;~UrJANEE COMPANY WHO VOUCftES THE b~NGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LANGDAILc USED IN AIA-al l PERFORMANCE BOND. FEBRDARY 197(1 EOIT1r]r,I THE CINCINNATI INSURANCE CONIPANY Fairficld. Ohio POWER OF ATTORNEY L MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws d ate of Ohio. and having its principal office in the City of Fairfield. Ohio. oes hereby constitute and appoint R. Gordon Miller; Shirley Flaig and/or Kyle McLeod or' Columbus, Indiana its true and lawful Attorne.,,(sMn-Fact to signVexecute, seal and deliver on its behalf as Surety. and as its act and deed, any and all bonds. policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Five Million and No/100 Dollars ($5,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting. on the 6th day of December. 1958, which resolution is still in effect: · 'RESOLVED, that the President or any Vice President be hereby authorized. and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies. undertakings, or other like instruments on behalf of the Corporation. and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal: and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in- Fact shall he binding upon the Company as if they had been duly executed and acknowledged by the regularl? elected officers of the Company." This Po~er of Attorney is signed and sealed by facsimile under and b.,, the authority of the following Resolution adopted by the Board of D/rectors of the Company at a meeting duly called and held on the 7th day of December. 1973. "RESOLVED. that the signature of the President or a Vice President and the seal of the Company ma.,, be affixed by ticsimile on any power of attorney granted, and the signature of the Secretary. or Assistant Secretary. and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall. with respect to any bond or undertaking to which it is attached· continue to be valid and binding on the Company." IN WITNESS WHEREOF. THE CINCINNATI INSURANCE COMPANY has caused these pre~,entb to be bealed ;vith its corporate seal. duly attested by its Senior Vice President this 28th day of April. t999. ~ T~ZS~C~/5~CE COMPANY Senior ViLe President~ STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 28th day of April. 1999. before me came the above-named Senior Vice President of THE CINCINLNAT1 INSURANCE COMPANY. to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. Z <': :b' '~'Ztk~. :':": : . _ '~ !.',..7.-.::?.: ER, Attorney at Law , MARK d. f NOTARY PUBLIC - STATE 0 OH 0 :. . ...,,:;,,-'~ - .,., [. the undersigned Secretary or Assistant Secretary of THE CINCINNATI [NSL'RANCE C()MPA-N~t. hereb> certit~ that abo~e is a true and correct copy of the Original Pm~er of Attorney issued b.~ >aid Cornpan>. and do hercb> further certi% that the said Po,.,.er of Attorney is still in full fin're and effect. GIVEN under my hand and seal of .qlid Cmnpany at Fairfield. Ohio. this day of 4TH . MAY, 2000 Assistant Scoretar.,- A'C_d, BD. CERTIFICATE OF LIABILITY INSURANCE PRODUC[B INSURE~ MILLER - EIAWES PHELAN INSURANCE GROUP INC P O BOX 1949 COLUMBUS IN 47202 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A COMPANY CCaT CONSTRUCTION INC. B COMPN~Y 5051 PROSPECT STREET c INDIANAPOLIS IN 46203 COMPANY CINCINNATI INSURANCE COMPANY CINCINNATI CASUALTY COMPANY THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POMCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMffS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POUCY NUMBER CPPEE29454AWR CPP5529454AWR CCC4457619 WC89616030E 04/m4/00 04/14/0m 4/14/00 4/14/01 4/14/99 4/14/02 4/14/00 4/14/01 GEnERAL AGGREGATE SU~LIMITED PRODUCTS-COMP/OPAGG S2,000,000 PBRSONAL&ADVINJURY S1t 000# 000 EACH OCCURRENCE $1/000 1000 FiRE DAMAGE (Any one tim) $ 100,000 BED EXR (h~y or~ de~.l i $ 5,0 0 0 COMBINED SINGLE UMIT ]$11000t000 BODILY INJURY $ (Per de~on) BODILY INJURY ~ S (Per accident) r EACHOCCUR.SCE S5,000,000 EL E~CH ACCSDE~T S 500,000 EL DISEASE-POLICY LIMIT $ 500 I 00 (D EL DISEASB-EA EMPLOYEE $ 500 , O 0 O SUBJECT TO POLICY TERMS AND CONDITIONS. ADDITIONAL INSURED ATRIMA. CITY OF CARMEL SHALL BE NAMED AS AN CITY OF CARMEL, BOARD OF EXPIRATION DA~E 11~_REOF. THE iSSUING COMPANY WILL ENDEAVOR TO MAIL PUBLIC WORKS a SAFETY 30 DAyS wRrrFa NOTICE TO THE CERTIRDAm HOLDER WAMED TO IHE LEFT, ONE CIVIC SQUARE BUT F~m. URE TO M~aL SUCH NONCE SHAU. rePOSE NO OsUOa'"ON OR LL~D,UTY IN46o32 ..;:.;; :.-..;:z oo.._. ';i D: TiBs' CINCINNATI INSURANCE CO~IPANY Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we CC&T CONSTRUCTTON, TNC. 5051 PROSPECT STREE NAPOLIS, as Pri.cipal. ,,a,ei.a,,er ca,,ad ,he and T"E'"SUa/ NCEco,po,s,io. IN duly organized under the laws of the State of Ohio, as Surety, heroinafter called the Surety, are held and firmly bound unto CITY OF CARMEL, BOARD OF PUBLIC WORKS & SAFETY, ONE CIVIC SQUARE CARMEL IN · as Obl'gee, h reinafter called tile Obligee, in tile sum of 19% Of Bid Attached Dollsrs(S 10% of Bid ), for the payment of which sufn well and truly to be made. the said Principal and the said Surety, bind ourselves, our hairs, executors, administralors. successors and assigns, jointly and severally, firmly by these presents. WHEREAS, tile Principal has submitted a bid for PROJECT: 2000 Concrete Replacement NOW, THEREFORE, if tile Obligee shall accept tile bid of the Principal and the Principal shall enter into a Contract with the Obliges in accordance witit the terms of such bid, al~d give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in tile prosecution lnereof, or in the event of tile failure of the Principal to enter snch Contract end give such bond or bonds, if tile Priuclpal shall pay Io the Obligee the difference not to exceed the prorally hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, othe~ise to remain in full force and effect. Signed and sealed this 3rd day of May , 2000 J ~Z~ CC&T CONSTRUCTION, INC. k~ff) y , ~ p~,jPrinCipsl) (Seal) Wt (Title) tlat tl e la:guage in this docuuleut confor~ 19 exactly to the language*us tto 10 S-2~-AIA (10/92) PUBLIC TIll?. CINCINNATI INSUI~,AiNCE COMI'/sNY I:ahlield. (}hio ['O~VER OF ATTORNEY KNOW AI.I. NFI{N fly TI IES[~ I'RESI~N I'S: 'thai TI lIE CINCINNATI INSUI{ANC'E COMPANY. a corporaltoe orgauized uutler the law~; Of I(le Slate ,f O(do. and havh~g its pitattire{ oilice in Ihe City ,1' I:ai:ficld. Ohio. does hereby coast lute and appob~t R. Gordon t.ltlfer; Shirley Flaj. g and/or Kyle McLeod ¢~ f Coj. umbus, Indiana its true aud lawful Attoruey(s)-in-Fact to sign. e~tecute, seal[ and deliver on its behalf as Surely. and ,s its act and deed. any and all bouds. policies, uudeaakings. or other like instrunleuts, as lbllows: Any such obligations in the United States, up to Two Million and No/lO0 Dollars ($2,000,000.00). This alqmiu~nent is made uuder and by aulhoril~ of Ihe follo~viug resolutiou passed by die Board of Dimetom of said Company at a nteeling held iu tile principal office of the C,mlmny, a qutuam being p~esen( and volt,g, ou the 6th day of December, 1958, which reso[utiou is sill[ in effect: "P, ESOI.VED. that tile l'lesideut or any Vice Presideat be beleby authorized, and empowered to appoint Attomeys-iu- Fact of the Conlpauy to execute any and all bunds. policies, undeltakings, or other like instruments on behalf of the Corporatiou, and lucy authorize any officer or any s,cll Attoruey-iu-Pact to affix the corporate seal; and may With or without cause modify or revoke any such apl~ointmenl or authority. Any such wrilings so executed by such Attorneys-iu- Fact shall be binding upon the Coralmay as if they lind beta duly executed and acknowledged by die regularly elected ' ' officers of tile Coulpany." Tbi~ Power tff Altol uey is sigued and sealed by facsbnile under and by Ihe atflhority o[ the following Resolution adopted by the Board of Directors of the Compauy ut a meeting duly called and held ou the 7th day of December, 1973. "RESOI.VEIJ. dmt tile siguatnre ,f' the I'tcsidenl t~r a Vice Ihesltleut aad tile seal of the Compauy nlay bc affixed by signature and seal shall be valid aud binding ou the Company. Any such power so executed aud sealed and certified by celti~cnte so execuled and sealed shall, with respect Io any boad or uudertakblg to which it is attached, coutinue to valid and binding on the Couqmuy." IN WITNESS WIIEREO[:. TIlE CINCINNA'I I INSURANCE COMPANY has caused d~ese presents to be sealed with its corporme seal. duly attested by its Senio~ Vice President this 201h day of October, 1997. ~ 'I'~~~ZCE COMPANY Senior Vi~e Presid~ STATE OF OlllO ) ss: COUNTY OF BUTLER ) On this 2Oth day of October, 1997, before me crone the above-named Senior Vice President of THE CINCINNATI iNSURANCE COMPANY, to me perso,ally known to be the officer described betale. aud acknowledged that the seal affixed to the preceding inst~menl is the corpornte seal of said Compaay and Ihe colporale seal and the signature of the officer were duly affixed and subscribed to said instnnuent by tile audu)rity arid dieectiou of said "' ~t "'.~ ~'~, ;2; ~* '~7:' '?Z' date, Section t47.03 I. Ibe undersigned Seenelegy uf '1 lIE CiNCiNNATI INSLIRANCE COMPANY, hereby carlily that the above is a Iruc and correct copy u[ the Original Power of Attorney issued by said Company. and do I~erehy furdiet certify dmt die said Power of Atton~ey is still in full force and el'feet. GIVEN under my band aud seal of said Conq~aay at I:aidield. Olfio. thi.~ 3rd day of May, 2000 BN-It)05 ~10/97) Prescribed by the Sta!e Board of Accounts CONTRACTORS BID FOR PUBLIC WORKS Form No. 96 iRevised 195~7l PART I (To be completed for all bids) (Please type or print) 1. Governmental Unit: 2. County: 3. Bidder (Firm): Address: City/State: 4. Telephone Number: May 3,2000 City of Carmel-Board of Public Works Hamilton C C & T Construction, Inc. 5051 Prospect Street Indianapolis, IN 46203 317-356-6385 FAX 317-356-2175 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 projector City of Carmel (GovernmentalUnit) in accordance with plans and specifications of said unit for the sum of * $_331,609 .'0~ 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, submit a proposal for each in accordancewiththenotice. *Three hundred thirty-one thousand six hundred and no/100 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 the bid is to be awarded on a unit basis, the itemization of 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. 1 understand that violations hereunder may result in forfeiture of contractual payments.: NON-COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is n~ade without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. OATH AND AFFIRMATION I affirm under the penalties of perjury that the foregoing facts and information are true and correct to the best of my knowledge and belief. Dated at Indianapolis this 3 day of May , ~ 2000 C C & T Construction, Inc. STATE OF Indiana By ACKNOWLEDGEMENT ) Tony Page, Vice President (Title of Person Signingl Marion COUNTY ) SS: Tony Page of the aboveCC&T Construction, (Name of Organizationl affidavit are true and correct. Subscribed and sworn to before me this My Commission Expires: County of Residence: 3-25-01 Hancock being duly sworn, deposes and says that he is Vice President Title Itildit-that the statements contained in the foregoing bid, certification and 3 day of May x,:~9 2000 . The above bid is accepted this ACCEPTANCE day of ~ ,19 , subject to the following conditions: Contracting Authority Members: PART II /COMPLETE SECTIONS I, I1, III and IV for all state and local public works projects as required by statutes.) GovernmentalUnit: City of Carreel Bidder(Firm}: C C &'T Construction, Inc. Date: May 3, 2000 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 1 EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed? Contract Amount Class of Work When Completed 1,498,000. Concrete/subs 6/99 359,430. Curb/sidewalk 8/99 238,479. " 12/99 91,952. " 12/99 NameandAddressofOwner City of Carmel City of Carmel City of Indianapolis City of Indianapolis 2. What public works projects has your organization now in process of construction? Contract Amount Class of Work When to be Completed 51,723. Curb/Sidewalk 6/00 297,641. " 6/00 739,929. " 10/00 3. Have you ever failed to complete any work awarded to you? NO NameandAddressofOwner Ind Dept of Transportation City of ~ndianapolis City of Indianapolis If so, where and why? 4. Listre~rencesfromprivatefirms~rwhichyouhave~er~rmedWork. Milestone - Gary Sparks or Greg Nolting Calumet - Bob Everman T & W Corporation - Greg Huey SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE I. Explain your plan or layout for performing proposed work. ViSit j obsite, review plans & Specifications. 2. 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 expect to require a bond. NO 3. What equipment do you intend to use for the proposed project? Backhoes, dump trucks, pick-ups, etc. 4. Have you made contracts or received offers' for all materials within prices used in preparing your proposal? Yes SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. SECTION IV OATH AND AFFIRMATION I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid'for public works are true and correct to the best of my knowledge and belief. Dated at Indianapolis this 3 By day of May _. k0x~2OO0 C C & T Construction, Inc. Tony Page, Vice President (Title of Person Signing) Indiana STATEOF Marion COUNTY ACKNOWLEDGEMENT ) ) SS: Tony Page of the aboveCC&T Construction, (Name of Organization) affidavit are true and correct. Subscribed and sworn to before me this My Commission Expires: 3-25-01 being duly sworn, deposes and says that he is Vice President Title Ila~l.that the statements contained in the foregoing bid, certification and 3 day of May ,xtO. 2_000 County of Residence: Hancock · ' C C & T CONSTRUCTION, INC. BALANCE SHEETS DECEMBER31, 1999 AND 1998 Current Assets: Cash and cash equivalents Contract receivables Costs and estimated earnings in excess of billings on uncompleted contracts Income taxes recoverable Other current assets Total current assets Properly and Equipment, net 1999 54,713 1,109,721 74,394 27,661 4.747 1,271,236 445.189 $ 1.716.425 LIABILITIES AND STOCKHOLDERS' EOUITY Current Liabilities: Note payable to bank Current maturities of long-term debt Accounts payable Billings in excess of costs and estimated earnings on uncompleted contracts Accrued expenses Total current liabilities 241,199 75,333 369,856 30,742 41.668 758,798 Long-Term Debt Deferred Income Taxes 565,380 29.875 1998 $ 190,386 1,584,171 324 38,516 7.510 1,820,907 419.818 $ 2.240,725 $ 303,847 109,553 1,170,650 -0- 63.553 1,647,603 212,291 28.495 Total liabilities Stockholders' Equity: Common stock, no par value; 1,000 shares authorized, issued and outstanding Additional paid-in Capital Retained earnings Total stockholders' equity 1,354,053 1,000 60,200 301.172 362.372 $ 1,716.425 1,888,389 1,000 60,200 291.136 352.336 $ 2,240.725 BOND 4~ B-80432400 'rm CINCINNATI INSURANCE COMPANY PERFORMANCE BOND KNOW ALL MEN BY TIIESE PRESENTS: That CC&T CQNSTRUCTION INC., 5051 PROSPECT ST,, INDIANAPOLIS, IN 46203 as Principal, hareinalter called Contractor. and THE CINCINNATi INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Ohio. as Surety, hereinafter called Surety, are held and firmly bound unto CZTY OF CARMEL SAFETY. ONE CTVT(" .qQIIAR~, CARMRT., TN as Obligee, hereleaflet called Owner. in the amount of THREE HUNDRED THIRTY ONE THOT]~Nn ~IY T~T'[NDK'ED DOLLARS AND 00/100 .................................... Bollars ($ q~q , floe. n0 }, for the payment whereof Contractor and Surety bind themselves, their I~eits, executors. admioistratom. successors and assigns. jointly and severally. firmly by these presents. WHEREAS, Contrader has by written agreement dated . 19 ~ entered into a contract with Owner for PROJECT: 2000 CONCRETE REPLACEMENT PROGRAM in accordance with drawings and specilicatimls prepared hy ___ hereof. and is hereinaller rulerred to as the Contiact. {Here iased full name, title and address) which contract is by reference made a pad NOW, THEREFORE. THE CONDITION OF TIllS OBLIGAIlON is such that. il Centtatter shall promptly and faithfully pedorm said Contract. then this obligation shaft be hug end void. otherwise it shall remain in full force and ellact. The Surety hereby waives notice of any alteration or extension of rime made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed 0wner's obligations thereunder, the Surety may promptly remedy the default, or shall prompHy (1) Complete the Contract in accordance with its terms and conditions. or (2) Obtain a hid or bids for completing the Contract in accordance with its terms and conditions. and upon determination by Surety of the lowest responsibie bidder. or if the Owner elects. upon determetal;an by the Owner and the Surety ioin0y of the lowest responsible bidder. arrange for a cantred between such bidder and Owner. and made avfilable as Work progresses {even though there should be a default or a succession of defaults under the contract or contracts of completion auanged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contact price; but not exceeding. including other costs and damages for which the Surety may be liable hereunder. the amount set fo,lh in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph. shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must he instituted before the expiration el two {2) years from the date un which final payment under the Contract falls due. No right of action shall accrue on this hood to or for tile use el any person or corporation other than the Owner named herein or the heirs. executors, administrators or successors qf ~e Owner. Signed and sealed this ~_ day of ___M./L.Y G'AIL LAWLES (Witness) S-210B-AIA (~ 1/92) ~ [SX 2000 CC&T CONSTRUCTION, INC. S~LAIG {~omey-in-Fact) ) {Seal) PRINTED IN COOPE~TION WHII TIlE AMERICAN INSTITUTE OF ARCHITECTS (AIA). BY THE CINCINNATI INSURANCE COMPANY WHO VOUCIIES TIlE ~NGUAGE IN TIffS DOCUMENT CONFORMS EXACTLY T0 THE ~NGUAGE USED IN AIA-3 i 1 PERFORMANCE BOND. FEBRUARY 1970 EDITION. BOND ~B~80432400 CINCINNATI INSURANCE COMPANY CINCINNATI, 01110 LABOR AND MATERIAL BOND KNOW ALL MEN BY INESE PHEBENIS: That CC&T CONSTRUCTION, INC., 5051 PROSPECT ST., INDIANAPOLIS, IN 46203 as Principal, hereirmfter called Principal, end THE CINCINNATI INSURANCE COMPANY. a corporation organized and existing under the laws of the State of Ohio, as Surety, heretanNer called Surety, are held and firmly bound unto CITY OF CARMEL, BOARD OF PUBI,IC WORKS & RA~RTY, ~NR (~TVTe. SQTTARR, CARMELt TN 46032 as Ohligee, hereirmHer called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of TFTt~F,I~ BTTNDRF;.D TI4TWTV (~T~R TMC)FTRANB RTY MTTNDRRD DC}T.T,AI~R AND 00/100---Dollam(~ 331.600.00 ). for the payment whereof Principal and Surely hind themselves, their heirs. executors, administrators. successors and assigns. jointly end leverally, firmly hy these presents. WHEREAS, Principal has by written agreement dated ___ , 19 . entered into a contract with Owner for "'.PROJECT: 2000 CONCRETE REPLACEMENT PROGRAM in accordance with drawings and specifications prepared by hereof, and is hereinaRer retched to as the Contract. (Here insert lull name, title and address) which contrast is by ratefence made a part NOW, THEREFORE, THE CONDITION OF THIS OBUGATION is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for ell labor end matedal used or reasonably required for use in the performance of the Contract, ~an this obligation shall be void; .th..,. ,, sh.,. re..,. ,. ,.,, ,ore. and ho.v.,. ,0 (1) A claimant is defined as one having a direct contract with or reasonably required rut use in the parformanca of the contract, labor end material being constread to include that part of water, gas. power, I light, hut, oil, roan inc, telephone sewice or rental of equipment direally applicable to the Contract. (2) The above-named Principal and Bursly hereby oiutly and severally agree with the Owner that eval¥ claimant as heroin defined. who has not been I paid in fu I before ~e expiration of a period of ninety (90) days after the date on wh ch the last of such c aimont'a work or abor was done or performed, or materials were furnished by such claimant, may sue on this bond for ~e use of such claimant, prosecute the suit to final judgment h for such sum or sums as may be justly due claimant, and ave execution thereon. The Owner shall not be lishle for the payment of any costs or expenses of nay such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The d of the work or labor, Principal, the Owner, or the Surety above named, within ninety (90) days offer such claimant did or performe the last or furnished the last of the materials for which said claim is made, stating with substantial accuracy the arepunt claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or pealarmed. Such notice shall be sewed by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal Owner or Surety, at any place where an office is regularly maintained for the transaction ef business. or sewed in any manner in which legal process may be sewed in the state in which the aloresmd prejed is located, save that such sereice need not be made by a public officer. (b) After the expiration of one 1) year lollwing the date on which Principal ceased work on said Contract. it being understood, however, that if any limitation embodied in this bond is proh b ted by say aw control ng ~e contraction hereof such limitation shell be deemed to be amended so as to be equal to the minimum period of limitation permitted by such low. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of ~e state in which the project. or any part thereof, s situated, or in the United States District Court for the district in which the projecL or any part theran!, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and lu the extent of any payment or payments made in good faith hereunder. inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 4TH day of MAY (Witness) GAIL LAWL~ {Witness) · l~x ?ooo CCg. T CONSTWTIPTT{~N, TNC'. (title) This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and faithful performseen of the Contract. S-2150-AIA (11/92) PRINTED IN COOPERAtiON WITII THE AMERICAN INSTITUTE OF ARCHITECTS (AIA), BY THE CINCINNATi If~SURANCE COMPANY WHO VOUCHES THE LANGUAGE IN THiS DOCUMENT CONFORMS EXACTLY TO THE LANGUAGE USED IN AIA-31 I PERFORMANCE BOND, FEBRUARY 1970 EDItiON. THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY. a corporation organized under the laws of the State of Ohio, and having its principal office in the City nf Fairfield, Ohio. does hereby constitute and appoint R. Gordon Miller; Shirley Flaig and/or Kyle McLeod or Columbus, Indiana its true and lawful Attorney{s)-in Fact to sign, execute, seal and deliver on its behalf as Surety. and as its act and deed, any and all bonds. policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Five Million and No/100 Dollars ($5,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds. policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or withoat cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in- Fact ~,hall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Boai'd of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate beating such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President this 281h day of April, 1999. ) ss: ) STATE OF OHIO COUNTY OF BUTLER T~~UCE COMPANY Senior Vice PresidentS' On this 281h day of April, 1999, before me came the above-named Senior Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY. hereb> certify that the above is a truc and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and ~,eal of said Company at Fairfield. Ohio. thi~4TH day of MAY, 2000 ~(~ ~ Assistant Secretary BN-[005 14/q9) ACO RD,. PRODUCER INSURED CERTIFICATE OF LIABILITY INSURANCE MILLER - }{AWES - PHELAN INSURAIqCE GROUP INC P O BOX 1949 COLUMBUS IN 47202 DATE (MM~)U 'YY) :: !'~ ."C4 ".:)::: THIS CERTIFICATE IS ISSUED AS A MA'ITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE A COMPANY CC&T CONSTRUCTION INC. S COMPANY 5051 PROSPECT STREET C INDIANAPOLIS IN 46203 coMPANY CINCINNATI INSURANCE COMPANY CINCINNATI CASUALTY COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TEE POLICY PERIOD INDICATED, NO]~NITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITI-I RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY TEE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. CPP5529454AWR CPP5529454AWR DATE (MffiI30/YY) DATE (MM,1)D/YY} 04/14/00 04/14/01 4/14/00 4/14/01 GENERAL AGGREGAI~5 PRODUCTS - COMP/OP AGG PERSON.IT. & ADV INJURY EACH OCCURRENCE FIRS DAMAGE (Art/~ fire) MED EXP (Any ode person) COMBINED SINGLE UMIT sUNLIMITED $2,000 000 $1,000 000 $1,000 000 $ 100 000 $ 5 000 1,000 000 $ BODILY INJURY (Pet ac~i~nt} $ pROPERTY DAMAGE S A EXCESSLIABLITY CCC4457619 B WO~KERBCOMPENSA'RONAND WC896160305 4/14/99 4/14/02 4/14/00 4/14/01 EACH OCCURRENCE $5,000,000 $ x ' EL EACH ACCIDENT $ 5 0 0 # 0 0 0 EL DISEASE-POLICY LiMiT $ 5 0 0 # 0 0 0 EL DISEASE-EA EMPLOYEE $ 5 O 0 , 0 0 0 SUBJECT TO POLICY TERMS AND CONDITIONS. ADDITIONAL INSURED ATRIMA. CITY OF CARMEL SHALL BE NAMED AS AN CITY OF CARMEL, BOARD OF E]~BA'TION DATE '[MEREOF, THE ISUI4GI COMPANY WILL ENDEAVOR TOMAIL PUBLIC WORKS &SAFETY 3Q DAyS WRITTEN NO~3DE TO ~T4E CERI1RCATE HOLDER NAMEN TO IHE LEFT, ONE CIVIC SQUARE etrr FiRE TO MAIL SUCH NOTIC~ ~ IMp~OSE NO DeLlGAllON OR UABILITY State board of Accounts City of Indianapolis Form #102 M~'ion County, Indiana Approved 12/88 Form #102 Standard Questionnaires and Financial Statement for Bidders For use in investigating the qualifications of bidders on public works contracts when the aggregate cost of s~uch contract will be a hundred thousand dollars ($100,000) or more. This form may used for any other contract when the ordering department requests it. These statements are to be submitted under oath by each bidder with and as a part of the' bid. NOTE: THIS FORM BECOMES PART OF THE BID FILE, AND PURSUANT TO INDIANA'S PUBLIC RECORDS LAW (IND. CODE SS5o14-3-1--5-14-3-10), WILL BE AVAILABLE FOR PUBLIC INSPECTION AND COPYING DURING CENTRAL PURCHASING'S REGULAR BUSINESS HOURS WHEN THE TOTAL CONTRACT PRICE EXCEEDS $100,000. Submitted to: City of Indianapolis, Central Purchasing Address: Representative: Tenons Numbs; Date S~m~ed: TO THE BIDDER: These forms, required by the City of Indianapolis and Marion County, Indiana, have been prescribed by the State Board of Accounts. They properly filled out and attested, must accompany each bid of a hundred thousand dollars ($100,000), or more. If the ordering department requests it, they may be required for bids of lesser amounts as well. The forms are designed to cover all public work Contracts/all other applicable situations and the bidder is required to answer such questions as are pertinent to the work being bid/R.F.Q. The purpose of the questionnaire is to enable the awarding body to determine the qualifications of the bidder to carry out successfully the contract if the same is awarded to the bidder. The bidder will find it to his advantage to answer fully all questions coming within the range of the work being bid. Particular attention should be given to the "Financial Statement" and the details relative to the assets and liabilities set out. This form is made in extensive detail so that the bidder may explain his assets and liabilities in proper sequence and in a uniform manner. NOTE; FAILURE TO FILL OUT THESE FORMS COMPLETELY MAY BE GROUNDS FOR DECLARING THE ENTIRE BID NON-RESPONSIVE. EXPERIENCE QUESTIONNAIRE The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. I. How many years has your organization been in business as a general contractor under your present business name? /O 2. How many years experience in ~ o ~/~ ,~,~ 7'6' construction work has your organization had: (a) As a general contractor /O Y,.~ ~' (b) as a sub-contractor /~ Y,e ~5 3. What projects has your organization completed? CONTRACT AMOUNT CLASS OF WORK WHEN COMPLETED NAME AND ADDRESS OF OWNER 6 ova, eo.e sr6/sd s e/r/ oF 3A What projects has your organization now in process of construction? CONTRACT AMOUNT CLASS OF WORK w~ms TO ss co~trnm NAME AND ADDRESS OF OWNER 4. Have you ever failed to complete any work awarded to you? /v/ D If so, where and why? 5. Has any officer or partner of your organization ever been an officer or partner of some other organization that fa~ed to complete a constracdon contract? /J/'~9 If so, state name of individual, other organization and reason therefor. 6. Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner and reason therefor. 7. In what other lines of business are you financially interested? /d'/~ -2- For what corporations or individuals have you performed work, and to whom do you refer? 9. For what cities have you performed work and to whom do you refer? C, / 'r" Y ~ ,c- r', ,~ ,~ d/.r Y aF 7'/P 7-a ,4 10. For what counties have you performed work and to whom do you refer? 11. For what State bureaus or departments have you performed work find to whom do you refer? 12. Have you ever performed any work for the U.S. Government? If so, when and to whom do you refer? 13. What is the construction experience of the principal individuals of your organization? YEARS OF INDP?~DUAL'S NAME PRESENT POSITION CONSTRUCTION OR OFFICE EXPERIENCE GENIE ~'a~n/So~/ (oF~rrlt9 d ~g PLAN AND EQUIPMENT QUESTIONNAIRE The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. In what manner have you inspected this proposed work? Explain in detail. V/,q / 7" ,.To ~,s / T E; 2. Explain your plan or layout for performing the proposed work /n/,y Ps e 3. The work, ifawarded to you, will have the personal supervision ofwhom? e/'/A~/,..~ *4. Do you intend to do the hauling on the proposed work with your own forces? Y~ --~ Ifso, giveamountandtypeofequipmentused ~4MP PA~ *5. If you intend to sublet the hauling or perform it through an agent, state amount of sub-contract or agent's contract, and if known, the name and address of sub-contractor or agent, amount and type of his equipment and financial responsibility * Items 4,5,6, and 7 may not be applicable in all building contracts; if not, omit. *6. Do you intend to do the grading on the proposed work with your own forces? If so, give type of equipment to be used '7 ~fy~uintendtosub~etthegrading~rperf~rmit~h~~ughanagent~stateam~unt~fsube~ntract~ragent~sc~ntract'andifkn~wn~ the name and address of sub-contractor or agent, amount and type of his equipment and financial responsibility. Do you intend to sublet any other portions of the work? If so, state amount of sub-contract' and ff known, the name and address of the sub-contractor, whether subcontract is a minority and/or women's business enterprise, amount, and type of his equipment and financial responsibility. 9. From which sub-contractors or agents do you expect to require a bond? 10. What equipment do you own that is available for the proDosed work? QUANYITy ITEM DESCRIIrflON. SIZE CONDItiON CAPACITY, ETC. YLt~RS OF SERVICE /~/o /O I~10 d ,1. PRESENT LOCATION -5- 11. What equipment do you intend to purchas~ for use on the proposed work, should the contract be awarded to you? /I/o 4] 5 QUA~ 111 ~t ITEM DESCRIPHON, SIZE, CAPACITY, ETC. APPROXIMATE COST 12. How and when will you pay for the equipment to be purchased? 13. Do you propose to rent any equipment for this work? If so, s~ate type, quantity and reasons for renting. 14. Have you made contxacts or received fm'n offers for all materials within prices used in preparing your proposal? Do not give names of dealers or manufacturers 15. List all permits, licenses, or registrations which you have and are required by law to maintain in order to bid on this work. Please include the type of the permit, license, or registration; the name of the issuing entity; the number of the licenses, permit, or registration; and the expiration date. Dated at /r/~>N9,4AP,~,L/,5' this STATE OF COUNTY OF , SS: By being duly sworn, deposes and says that he is of the above ~ e_. Q/7' 6~,'d.Y 7'_~d~7'/an/~ and that the answers to the questions in the foregoing questionnaires and all statements therein contained are hue and correct. Subscribed and sworn to before me this ~ day of , t'tq~ My Commission expires ~ '~2d-- ~/ LYNN C ission Expires: 03-25-01 -6- Residing County: Hancock Submitted by Principal Office at To Condition at close of business ASSETS 1. Cash: (a) On Hand $ , (b) In bank $ 2. Notes receivable (a) Due within 90 days (b) Due after 90 days (c) Past Due CONTRACTOR'S FINANCIAL STATEMENT Id~/~d,,oo, (c) Elsewhere $ 3. Accounts receivable from completed contracts, exclusive of claims not approved for payment 4. Sums earned on uncompleted contracts as shown by engineer's or architect's estimate (a) Amount receivable after deducting retainage (b) Retainage to date, due upon completion of contracts 5. Accounts receivable from sources other than construction conu'acts 6. Deposits for bids or other guaranw~es: (a) Recoverable within 90 days (b) Recoverable after 90 days 7. Interest accrued on loans, securities, etc. 8. Real Estate: (a) Used for business purposes (b) Not used for business purposes 9. Stocks and bonds: (a) Listed-present market value (b) Unlisted--present value 10. Materials in stock not included in Item 4 (a) For unCompleted ,contracts (present value) (b) Other materials (present value) ~ P,~ ~e.~r9 7'*tO,g/ Total assets 11. Equipment, book vaine 12. Furniture and fixtures, book value 13. Other AssetS [ [] An lndlVidual ,/~ 19 ftf Dollars Cts. 11/70..~3 t /o 't/-./,,/- LIABILErlES 1. Notes payable (a) To banks regular (b) To banks for certified checks (c) To others for equipment obligations (d) To others exclusive of equipment obligations 2. Accounts payable (a) Not past due Co) Past due 3. Real estate encumbrances 4. Other liabilities 5. Reserves 6. Capital stock paid up: 7. Surplus (net worth'} (a) Common Co) Common (c) Preferred (d) Preferred CONTINGENT LIABILrrU~S' 1. Liability on notes receivable, discounted or sold 2. Liability on accounts receivable, pledged, assigned or sold 3. Liability as bondsman 4. Liability as guarantor on contracts or on accounts of others 5. Other contingent liabilities ' Dollars ,> a. 3 ,~ ~ I I t2ofi Total liabilities /, Totel contingent liabilities Cts, I Cash DERAILS RELATIVE TO ASSETS (a) on hand (b) deposited in banks named below (c) elsewhere--(State where) NAj'~OFBANK DEI~OSiTINNAMEOF AMOUNT Notes Receivable (a) due within 90 days (b) due after 90 days (c) past due Have any of the above been discounted or sold? Accounts receivable from completed contracts exclusive of claims not approved for payment N~E, AN~ t~mass oF owNm AMOUNt[ OF AMOUNT RECEIVABLE Have any of the above been assigned, sold. or pledged? /1/,0 If so, state mount, to whom and reason Sums earned on uncompleted contracts~ as showB by engineer's or architect's estimate: (a) Amount receivable after deducting retainage (b) Retainage to date due upon completion of contract DESIGNATION OF CONTRACT AND NAME AMOUNT OF AMOUN'F AMOUNT A,N~D ADDRESS OF OWNER CONTRACF EARNED RECEIVED WHEN AMOUNT IXJE AMOUNT EX- CLUSIVE OF RETAINAGE Have any of the above been sold. assigned, or pledged? If so, state amount, to whom, and reason DETAILS RELATIVE TO ASSETS (continued) Accounts receivable not from construction contracts What mount, if any, is past due 6 Deposits with bids or otherwise as guarantees FOR WHAT Interest accrued on loans, securities, etc, ONWHATACXZRUB3 $ AMOUNF 2. 3. 4. 5. 6. 7. 1. 2. 3. 4. 5. 6 7. Real estate (a) Used for business purposes book value (b) Not used for business purposes IMPROVb~IFNrS LOCATION HELD LN WHOSE NAME BOOKVALUE. ASSESSED VALUE s ~otoo. TOTAL BOOK VALUE foFoo. AMOUNT OF IYCUMBIL~NCES 9 2. 3. 4. 5. 6. 7. 2. 3. 5. 6. 7, Stocks and bonds DESCKIFYION WHO HAS POSSESSION DETAILS RELATIVE TO ASSETS (continued) (a) Listed--present market value (b) Unlisted--present value $ AMOUNT IF ANY ARE PLEDGED OR IN ESCROW, STATE FOR WHOM AND PEASON 10 Materials In stock and not included in Item 4, Assets: (a) For use on uncompleted contracts (present value) (b) Others materials (present value) DESCRIFFION OF MATER1AL QUANTIFY PRESENT VALUE FOR UNCOM- OTHER PI27ED MATERIALS CCgql'RACIx3 11 [ Equipment at book value QUAN- $ ,%, eoa, a. DEPRECIATION BOOK (]tARGFD OFF V~ Are there any liens against the above? ~/,ffS' If so, state total amount ,3? ~7d. 12 13 DETAILS RELATIVE TO ASSETS (continued) Furniture and fixtures at book value Other Assets $ I TOTALASSETS$ /~1,66. a~a. aa I Notes payable (a) To banks, regular (b) To banks for certified checks (c) To others for equipment obligations (d) To others exclusive of equipment obligations ..c)e.e, 7-,s' .e,s'etf~ ~/,q e~e' Loolm ,CoB AMOUNt 4'od / v;f, Accounts payable (a) Not past due (b) Past Due 3 Real estate encumbrances (see Item 8, Assets) 4 Other liabilities DESO~N $ AMOUNY 5 Reserves Capital stock paid up (a) Common (b) Preferred $ /Ooa. Surplus ~ TOTALLIABILH'IES$ ,L.~l,/,.,~?d.~a I -12- If a corporation answer this: Amount for which incorporated Capital paid in cash When incorporated In what state $ Names and titles of all persons having authority to execute and receipt estimate vouchers and to conduct other business for the corporation, including its officers, the signatures of whom are legally binding. Do you have necessary "certificate of existence" (or certificate of authorization for a foreign corporation) to transact corporate business in this slate, under the terms of Public Law 149, Acts of 1986, and acts amendat0ry thereto? If a co-partnershlp answer this: Date of organization State whether co-partnership is general, limited or association Give the names, addresses and proportional interesLs of all paxties: Name Address The name of the partnership fu'm under which the above partners are operating is Share $ $ $ $ $ $ $ $ Give names and titles of all having authority to execute and receipt estimate vouchers and to conduct other business for the partnership, the signatures of whom are legally binding. Affidavit for Individual STATE OF COUNTY OF } being duly sworn, deposes and says that the foregoing financial statement, taken from hjs books, is a a'ue and accurate statement of his financial condition as of the dam thereof and that the answers to the foregoing interrogatorles are hue. Subscribed and sworn to before me this day of 19 STATE OF COUNTY OF Affidavit for Co-Pazmership SS: being duly sworn, deposes and says that he is a member of the fm of ; that he is familiax with the books of the said ftrrn showing its financial condition; that the foregoing financial statement, taken from the books of the said fh':m, is a true and accurate slatemerit of the fmanclal condition of the said firm as of the date thereof and that the roBwets to the foregoing interrogatorles are hue. Subscribed and sworn to before me this (Me~rabe~ of finn must ~ign her~) day of 19 Norax'/Public Affidavit for CorI~ration STATE OF /.a/ COVNTYOF / }ss: 7"g~ ~/f /0/). ~ ~ ~g duly swo~ de~s~ ~d says ~at he is d~d ~ ~d w~ch ex~umd ~e foregong s~mment; ~at he is f~i~ wi~ ~e ~ of ~e said collation show~g i~ fin~ci~ ~n~fion; ~at ~e foregong fm~ci~ sta~en~ ~en 5m ~e ~o~ of ~e s~d ~ratinn, is a ~e ~d a~urate s~tement of ~e fm~cial ~nditlon of said co~a~on Subbed ~d sworn d or Y Aooo Common Expires: 03-25-01 N Resld]nS County: Hancock PART 6 ADDITIONAL DECLARATIONS 6.1 Bidder certities for itself and all its subcontractors compliance with all existing hws 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 employmere 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 Carreel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. PART 7 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 8 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 B E PR OPERL Y NOTARIZED. ] Bidders Name: Written Signature: Printed Name: Title: Tony Page Vice President Important - Notary Signature and Seal Required in the St, ace Below STATE OF Indiana COUNTY OF Marion Subscribed and swom to before me this 20__0.0 My comtnission expires: 3 - 25 - 01 Residing~ Hancock 3 yof (Signed) Printed: County, State of May , 2000 Lynn G. Hardin Indiana PART 1 BIDDER INFORMATION (Please Type or Print) 1.1 1.2 1.3 Bidder Name: C C & T Construction, BidderAddr~s: StreetAd&e$: 5051 Prospect Street C~.Indianapoligtate: 317-356-6385 Phone #: ( ) IN Z~: 46203 317-346-2175 Fax#:( ) Bidder is a/an [mark one J: __ Individual __ Parmership x Indiana Corporation; __ Foreign (Out of State) Corporation; State: Joint Venture Other: 1.4 [The following must be answered if the Bidder or any of its parreefs or joim venture parties is a foreiR°n corporation. Note: To do business in or with the City of Carmel, Indiana, foreign corporations must register with the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General's Opinion #2, dated January 23, 195&] · 1 Corporation Name: .2 Address: .3 Date registered with State of indiana: ,4 Indiana Registered Agent: Nan~: Address: BIDDER'S ITEMIZI~D PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized. Project: Street Department 2000 CONCRETE REPLACEMENT PROJECT Proposal For: STREET DEPARTMENT 2000 CONCRETE REPLACEMENT PROJECT Date: May 3, 2000 To: City of Cannel, Indiana, Board of public Works and Safety PART. 2 BID PROPOSAL 2.1 Project Bid. The undersigned Bidder proposes to fumLsh all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and ridfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documems for the above described Project, includ'mg any and all addenda thereto, for the Total Sum of Three hundred thirtV-one thousand six hun~r~ ~n~ n~]lO0 __Dollars ($ 331,600.00 ). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price. The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Lump Sum basis and that the OWNER cannot and does not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. CITY OF CARMEL BID TABULATION SHEET Project Name: 2000 Concrete Replacement Bid Date: May 3rd, 2000 Substantial Completion De~e: September 15, 2000 Final Completion Date: September 30, 2000 ITEM # DESCRIPTION UNIT ~ QUANTITY UNIT PRICE AMOUNT 1 2 3 Concrete curb replacement If. Concrete road replacement sq.yd. 11,910 2,890 18.50 38.50 220,335.00 111,265.03 4 6 TOTALS 331. 600.07 3.1 3.2 PART 3 CONTRACT DOCUMENTS AND ADDENDA The Bidder agrees to be bound by the terms and provisions of all Contract Documents as defined in the Agreement attached hereto and incorporates such Contract Documents herein by reference. The Bidder acknowledges receipt of the following addenda: ADDENDUM DATE NUMBER Nonc PART 4 EXCEPTIONS Instructions To Bidders: 4.1 The Bidder shall fully state each exception taken to the Specifications or other Contract Documents in Section 4.3 of this Part. 4.2 Bidder is cautioned that any exception taken by Bidder and deemed by OWNER to be a material qualification or variance fxom the terms of the Contract Documents may restfit in this Bid being rejected as non-responsive. 4.3 Exceptions: None