HomeMy WebLinkAboutHoward Asphalt, LLC dba Howard Companies/STREET/$6,853,166.82/25-STR-02 Street PavingCzTfshfzHsfdivlijobu5;35qn-Gfc37-3136
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
3.2 Contractor agrees not to perform any work or provide additional goods and services to City that
would cause the total cost of the Goods and Services provided by Contractor to City hereunder to
exceed the Contract Price, unless City has previously agreed, in writing, to pay an amount in excess
thereof.
3.3 Final Payment. Final payment, constituting the entire unpaid balance of the Contract Price, including
any retainage, shall be paid by City to Contractor within ninety-one (91) days after it has become due
and payable. Final payment to Contractor shall not become due and payable until and unless all
Goods and Services are delivered, and all Work for the Project is otherwise fully completed and
performed in accordance with the Contract Documents and is satisfactory to and approved by City.
3.4 Effect of Final Payment. The making of final payment shall constitute a waiver of Claims by City
except those arising from:
a. Liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
b. Failure of the Work to comply with the requirements of the Contract Documents;
c. Terms of special warranties required by the Contract Documents;
d. Claims previously made in writing and remaining unsettled as of the date of final payment;
e. Claims by City attributable to defective work or prior corrective work, appearing after final
inspection;
f. Failure of the Work to comply with the requirements of the Contract Documents;
g. City claims and other rights arising under the terms of any general or special warranties,
guarantees or maintenance bonds specified by the Contract Documents or arising
thereunder; and
h. City claims and other rights with respect to Contractor’s and Surety’s continuing obligations
under the Contract and the Contract Document.
3.5 Acceptance by Contractor of any sum tendered by City as final payment shall constitute a waiver of
all claims by Contractor with respect to this Agreement, except those claims authorized by this
Agreement, previously made in writing and submitted in a timely manner, and specifically identified
and reserved by Contractor as unresolved in the application for final payment.
4. CONTRACT DOCUMENTS:
4.1 Scope of Work. Contractor agrees to provide all labor, goods, material, shipping, receiving,
supervision, services, supplies, machinery, equipment, storage and any necessary rigging as
required for the Project as set forth in the attached Exhibit “A” and any references, addenda and/or
attachments thereto, Project Manual (if applicable), City of Carmel General Conditions, City of
Carmel Supplementary Conditions, and all applicable Drawings and Specifications (collectively
Contract Documents”), all of such Contract Documents are fully incorporated herein. Contractor
acknowledges that all referenced Contract Documents are a part of this Agreement.
4.2 Contractor Site and Document Review. Contractor acknowledges that it has had an adequate
opportunity to examine sufficiently to its satisfaction the site of the Work and to review and/or obtain
copies of the Contract Documents and to become fully familiar with them, and that it shall not be
excused from any conditions existing and detectable at the site or any provisions set forth in the
Contract Documents due to any lack of knowledge or understanding of the existence or contents
thereof at the time of executing this Agreement. Contractor acknowledges the Contract Documents
2
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
to be suitable for Contractor’s Work and sufficient for their intended purpose, and agrees to perform
the Work and to complete the same for the Contract Price and within the Project timeline, in full and
strict accordance with the Contract Documents and to City’s satisfaction, and that it will perform the
Work so as not to violate any term, covenant or condition of the Contract Documents or applicable
codes and laws.
4.3 All Drawings, Specifications and other items defined herein as Contract Documents that have been
prepared for the Project and furnished to Contractor by or on behalf of City or other third party are
without any representation or warranty by the City as to the acceptability, accuracy or suitability
thereof for the Work. City makes no representation or warranty to Contractor concerning the
acceptability, accuracy or completeness of the Contract Documents or other information and data
prepared by persons other than City, and accordingly, City shall have no liability to Contractor with
respect to any patent or latent defects, deficiencies, errors and omissions therein.
4.4 Contractor represents that it has reviewed the Contract Documents, visited the site and provided City
with written notice of any concerns or necessary clarifications resulting from these reviews and
investigations prior to submitting its proposal or bid to City and executing this Agreement. Contractor
waives the right to request and increase in the Contract Price or extension of the Project completion
deadline as a result of its failure to raise such concerns or clarifications with City.
4.5 Intent of the Contract Documents. The Contract Documents shall be deemed to include and require
all items and aspects of labor, material, equipment, services and transportation incidental to or
necessary for the proper and efficient execution and completion of the Work as it relates to the
Project. The Contract Documents are complementary, and what is required by any one document
shall be as binding as if required by all. Work not specifically covered in the Contract Documents or
which is subject to question and interpretation because of conflicts, duplications or ambiguities may,
at City's option, be required of Contractor if it is consistent therewith and is reasonably inferable
therefrom as being necessary to produce the results intended by this Agreement. As such, any part
of the Work shown on Drawings but not specifically mentioned in the Specifications or vice versa
shall be considered as part of the Work, the same as though included in both.
4.6 Shop Drawings and Submittals. Contractor shall submit shop drawings, product data, samples and
similar submittals required by the Contract Documents with reasonable promptness and in such
sequence as to cause no delay in the Work or in the activities of other contractors or subcontractors.
If Contractor shall make changes in design, including dimensional changes, either through shop
drawings or actual field work, it shall accept the responsibility for the structural and functional
adequacy of such changes and their acceptance by City or Project’s architect. Any structural or
functional inadequacies which may develop because of such changes shall be remedied by
Contractor unless such change is specifically included in a change order.
4.7 Taxes. As a public, municipal entity, the City of Carmel, and its various departments, are exempt
from sales and compensating use taxes on all tangible personal property (materials, equipment and
components) pursuant to the law of the State of Indiana. Contractor shall not include any charges
representing such taxes on any invoices hereunder. Contractor shall be responsible for all franchise
fees and taxes of any kind whatsoever.
3
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
5. WARRANTY:
5.1 In addition to all warranties required by Contract Documents, Contractor expressly warrants that the
Goods and Services/the Work covered by this Agreement will conform to those certain
specifications, descriptions and/or quotations regarding same as were provided to Contractor by City
and/or by Contractor to and accepted by City, all of which documents are incorporated herein by
reference, and that the Goods and Services/the Work will be delivered and/or performed in a timely,
good and workmanlike manner and free from defect. Contractor 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 Contractor based upon City’s stated use and are fit and sufficient
for their particular purpose.
5.2 Further, Contractor warrants to City that materials and equipment furnished under the Contract
Documents will be of the best quality and new unless the Contract Documents require or permit
otherwise. The performance of the Work shall not limit, void or otherwise compromise or diminish
any equipment or manufacturer warranty that is to be issued under the Contract Documents. Goods,
Work, materials, or equipment not conforming to these requirements may be considered defective.
Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the
Work not executed by Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear and normal usage. If required by the City, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
5.3 Contractor shall, at its sole expense, promptly and properly repair, replace or otherwise correct any
Work that is (i) rejected by City or Architect, or (ii) known, observed or discovered at any time by
Contractor, City or Architect to be defective or failing to conform to the Contract Documents and shall
pay City for all expenses incurred in any delay caused by remedying defective or otherwise
nonconforming Work.
5.4 If within two (2) years after final completion of the Project, or such longer period as established with
respect to Contractor’s obligations under the Contract Documents, the Work or any portion thereof is
found to be not in accordance with the requirements of the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from City to do so. Contractor’s obligations under this
Section shall survive completion and acceptance of the Work and Project and termination of the
Agreement.
5.5 Any and all warranties which are available on any material or equipment or other service which is
part of the Work will be provided to City at no additional cost. Upon completion of the Work,
Contractor shall assign to City all warranties obtained or obtainable by Contractor from
manufacturers and suppliers of equipment and materials incorporated into the Work by written
instrument of assignment in a form acceptable to City. Contractor shall furnish City with copies of all
warranties, guarantees, operating manuals relative to equipment installed, and a complete set of
reproducible drawings with all field changes noted on them relating to the improvements constructed
under the Contract. The assignment of such manufacturer and supplier warranties shall not relieve
Contractor of any of its own warranty obligations under this Article, which shall remain in full force
and effect.
5.6 Notwithstanding anything to the contrary contained in Contract Documents with respect to
warranties, it is understood and agreed that the foregoing warranties and guarantees shall not affect,
4
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
limit or impair City's right against Contractor with regard to latent defects in the Work which do not
appear within the applicable warranty period following acceptance of the Work and which could not,
by the exercise of reasonable care and due diligence, be ascertained or discovered by City within
such warranty period. Contractor shall be and remain liable and responsible to correct and cure any
such latent defects which are reported to Contractor by City in writing within ninety (90) days after
such latent defect first appears or could, by the exercise of reasonable care and due diligence, be
ascertained or discovered by City. City’s warranty rights and remedies with respect to latent defects
shall remain in full force and effect and for the same duration as with any other warranty provided in
this Article or otherwise available or prescribed by law.
6. TIME AND PERFORMANCE:
6.1 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.
6.2 Contractor shall continuously monitor the construction schedule and advise City on a regular basis of
the status of Contractor’s progress with respect to such schedule at any time City’s representative
requests Contractor to do so, including the furnishing of information on the status of shop drawings,
samples, submittals and materials, machinery or equipment which may be in the course of
preparation of manufacture.
6.3 If, in the opinion of City, Contractor is behind schedule in the performance of the Work or is failing,
without cause, to maintain progress of the Work or to conform to the general progress of all work for
the Project, Contractor agrees that it shall, at its own expense, perform such overtime work, use
extra labor, and undertake all other means necessary to bring the Work back on schedule.
6.4 If there are any conflicting times or durations for action, submissions, notices or responses thereto
by Contractor between or among the Contract Documents, the controlling time or duration for such
action, submissions, notices or responses thereto by Contractor shall be the earlier of such times
and shorter of such durations, unless City expressly agrees in writing otherwise.
7. MEANS AND METHODS:
Contractor is responsible for the means, methods, techniques, sequences or procedures, and safety
precautions and programs in connection with provision of Goods and Services and related work under the
Contract Documents. At all times during performance of the Work, Contractor shall maintain and designate
to City adequate, experienced and cooperative supervisory personnel, including a full-time on-site project
manager or superintendent if required by Contract Document or federal, state or local laws, rules and
regulations. City shall not have control over or charge of, and shall not be responsible for, means, methods,
techniques, sequences or procedures, or for the safety precautions and programs in connection with the
performance of the Work by Contractor and shall not be responsible for any omission or failure on the part of
the Contractor to properly perform its obligations. Contractor shall be responsible to City for Contractor’s
negligent acts or omissions or failure to perform.
8. DISCLOSURE AND WARNINGS:
If requested by City, Contractor 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
5
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Contractor 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.
9. PROTECTION OF WORK:
Contractor shall at its own expense take all necessary precautions to protect the work of other trades from
any damage caused by Contractor’s operations, and watch over, care for and protect from damage or injury
by any cause whatsoever, all of Contractor’s Work, complete or otherwise, and all of its materials, supplies,
tools, machinery and equipment at or near the Project.
10. SUBCONTRACTS:
By appropriate agreement, written where legally required for validity, Contractor shall require each
subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by
terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities,
including the responsibility for safety of Contractor’s Work, which Contractor, by these Contract Documents,
assumes toward City. Each subcontract agreement shall preserve and protect the rights of City under the
Contract Documents with respect to the Work to be performed by subcontractor so that contracting thereof
will not prejudice such rights, and shall allow to subcontractor, unless specifically provided otherwise in the
contract agreement, the benefit of all rights, remedies and redress against Contractor that Contractor, by the
Contract Documents, has against City. Where appropriate, Contractor shall require each subcontractor to
enter into similar agreements with its subcontractors.
11. LIENS:
Contractor 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 Contractor 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 Contractor’s sole cost and
expense.
12. DEFAULT:
In the event Contractor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Contractor’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 Contractor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
13. INSURANCE AND INDEMNIFICATION:
13.1 Contractor 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 Contractor 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 Contractor’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
6
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
C. Contractor 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. Contractor 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 Contractor’s provision of Goods and Services pursuant to or under
this Agreement or Contractor’s use of City property.
13.2 Notwithstanding any other provision of this Agreement to the contrary, should any policy required by
the Contract Documents be canceled or otherwise terminated before the completion of the Work hereunder,
Contractor shall exert all reasonable efforts to procure and maintain in force similar insurance from insurers
satisfactory to City and provide certificates of such insurance to City upon its written request. Should
Contractor fail or neglect to provide the required insurance, or allow any required coverage to lapse, City
shall have the right, but not the duty, to provide such insurance and deduct the cost thereof from any money
due to Contractor any and all premiums paid by City for and on account of said insurance. The policy or
policies, and each certificate of insurance, shall further provide that the insurance will not be cancelled by the
Insurer or the limits of liability reduced by endorsement prior to at least thirty (30) days after written notice by
certified mail of such cancellation or change has been provided by the respective insurer to City. No less
than fourteen (14) days prior to the expiration, cancellation or termination of any such policy, Contractor shall
supply City with a new and replacement Certificate of Insurance and Additional Insured endorsement as
proof of renewal of the original policy and coverage, with such new or replacement policy and endorsements
in the same manner and for the same coverage and amounts in favor of City as set forth in this Paragraph.
13.3 Indemnity. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and
defend City and all of its officers, directors and employees, from and against all claims, suits, demands,
causes of action, damages, losses, costs and expenses, including reasonable attorney's and Contractor’s
fees and expenses, but only to the extent caused by Contractor’s negligent performance of the Work under
this Agreement, or occasioned by any breach or nonperformance of its terms, provided that any such claim,
suit, demand, cause of action, damage, loss, cost, fees or expense: (a) is attributable to bodily injury,
sickness, disease or death, or patent infringement, or injury to or destruction of tangible or real property,
including the loss of use thereof and consequential damages resulting therefrom, or is attributable to
damages from economic harm or loss; and (b) is caused in whole or in part by any negligent act or omission,
wrongful act, or other breach of duty of Contractor or anyone directly or indirectly employed by it or anyone
for whose acts it may be liable, regardless of whether such claim, suit, damage, loss, cost or expense is
caused in part by any joint, several or comparative, but not sole, negligent act or omission, of City.
13.4 The foregoing obligations of Contractor shall not be affected or limited in any way by any insurance
required of or provided to Contractor under the Agreement. The indemnification and hold harmless
obligations as provided herein shall not negate, abridge or otherwise reduce any other right and remedy of
City or obligation of indemnity by Contractor which would otherwise exist in favor of City under this
Agreement.
14. GOVERNMENT COMPLIANCE:
Contractor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and
codes which may be applicable to Contractor’s performance of its obligations under this Agreement, and all
relevant provisions thereof are incorporated herein by this reference. Contractor agrees to indemnify and
hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws,
7
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this
Agreement.
15. NONDISCRIMINATION:
Contractor 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.
16. 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”), Contractor 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, Contractor shall provide the City
with documentation indicating that it has enrolled and is participating in the E-Verify program.
Should Contractor 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 Contractor
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.
17. OWNERSHIP AND USE OF DOCUMENTS:
The Reports, Recommendations, Analyses, Surveys, Data, Calculations, Drawings, Schedules, Specifications
and other documents prepared or employed by Contractor during the course of furnishing the Work to City
under this Agreement shall be and become the property of the City, whether the Project is completed or not;
accordingly, such materials may be used by the City for information and reference and in connection with City’s
involvement on the Project. Such items and documents may also be used by City for completion of the Project
or work with respect thereto by others if Contractor is in default under this Agreement, in which case Contractor
shall provide City with reproducible copies of such reports, recommendations, analyses, surveys, data,
calculations, drawings, schedules, specifications and other documents for such use but shall not be obligated to
sign, certify or seal such copies. Contractor may utilize the name, images or descriptions of the Project in its
promotional and marketing materials, except that it shall not utilize, publish or advertise any unique or distinctive
components of the design, drawings or specifications for the Project in such promotional and marketing
materials without first obtaining the written consent of City. Contractor will have no liability to City arising from
City’s use or alteration of the above-referenced documents on any unrelated project.
18. 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.
8
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
19. NON-ASSIGNMENT:
Contractor 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.
20. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Contractor 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
Contractor under or pursuant to this Agreement.
21. GOVERNING LAW; CONFLICT RESOLUTION:
21.1 General. City and Contractor are fully committed to working with each other throughout the Project
and agree to communicate regularly with each other at all times so as to avoid or minimize disputes
or disagreements. If disputes or disagreements do arise, City and Contractor each commit to
resolving such disputes or disagreements in an amicable, professional and expeditious manner so
as to avoid unnecessary losses, delays and disruptions to the Work.
City and Contractor shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement within the period specified by
applicable law, but if not otherwise specified by applicable law, within not more than ten (10) years
after the date of Substantial Completion of the Work.
All Contract Documents are to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of laws provisions.
21.2 Litigation. Claims, disputes and other matters in controversy arising out of or related to this
Agreement, not otherwise resolved in accordance with the provisions above, 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, and any hearing, trial or conference shall take
place in that locale, unless agreed to otherwise in writing by City and Contractor. City and Contractor
consent to the choice of law, the choice of dispute resolution designated by them, venue as provided
herein, and to personal jurisdiction over each of them as provided herein and waive any right to
object to the exercise of personal jurisdiction by the court and to exclusive venue in this locale.
Any award, judgment or agreement in settlement of a dispute concerning such matters and resulting
from negotiations or litigation in which City and Contractor are parties or participants shall be as
binding upon surety as though surety were named and joined in such proceeding, provided that
Contractor has been given a reasonable opportunity to join, participate, assist or provide supporting
evidence in the presentation of any claim, defense or other issue in controversy that is settled or
resolved thereby.
21.3 Continuation of Work. Provided City continues to make payments of amounts not in dispute, no
dispute under this Paragraph shall interfere with the progress of the Work, and Contractor shall
proceed with furnishing the Work, including disputed performance, despite the existence of, and
without awaiting the resolution of, any such dispute. The failure or refusal of Contractor to continue
performing under such circumstances shall constitute a default under this Agreement.
9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
21.4 Claims Against Third Parties. In any instance or proceeding whereby any claim, dispute or other
matter in controversy between City and Contractor involves, arises from or gives rise to a similar
claim, dispute or other matter in controversy as between City and another third-party, Contractor
shall furnish and present to City non-privileged evidence, documentation and other information to
support its claim, defense or other position with respect thereto.
21.5 Waiver of Consequential Damages. Contractor waives any claims against City for consequential
damages arising out of or relating to this Agreement. This waiver includes damages incurred by
Contractor for principal office expenses, including the compensation of personnel stationed there
and other components of home office overhead, for losses of financing, business and reputation, for
loss of management or employee productivity or of the services of such persons and for loss of profit
except anticipated profit arising directly from the Work being performed hereunder. This waiver is
applicable, without limitation, to all consequential damages due to either party’s termination in
accordance with this Agreement.
22. 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.
23. 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 City of Carmel
Street Department Office of Corporation Counsel
st3400W131 Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
If to Contractor: Howard Asphalt, LLC d/b/a Howard Companies
2916 Kentucky Avenue
Indianapolis, Indiana 46221
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.
24. TERMINATION:
24.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Contractor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Contractor 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, Contractor 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 Contract Price amount in effect at the time of termination, unless the parties have previously
10
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
agreed in writing to a greater amount.
24.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Contractor. In the
event of such termination, Contractor 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 Contract Price amount in effect at the time of
termination, unless the parties have previously agreed in writing to a greater amount.
25. REPRESENTATIONS AND AUTHORITY TO EXECUTE:
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.
26. FINAL COMPLETION AND CLOSEOUT:
In addition to any requirements for final completion and closeout listed in General and Supplementary
Conditions, as a condition of final payment and Contract closeout, Contractor certifies or shall submit to City
the following:
a. Contractor certifies that payrolls, bills for materials and equipment, and other indebtedness
connected with the Work, for which City or City’s property might be responsible or encumbered,
less amounts withheld by the City) have been paid or otherwise satisfied;
b. Any applicable Contractor guarantees and warranties;
c. A certificate evidencing that insurance required by the Contract Documents to remain in force
after final payment is currently in effect;
d. Consent of surety, if any, to final payment;
e. As-constructed record copy of the Contract Documents marked to indicate field changes and
selections made during construction;
f. If applicable, all manufacturer’s warranties, product data, testing and/or inspection results or
reports, and maintenance and operations manuals;
g. If required by City, other data establishing payment or satisfaction of obligations, such as
receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising
out of the Contract, to the extent and in such form as may be designated by City;
h. Any other submittals required by the Contract Documents; and
i. Satisfactory evidence that any claims or liens filed have been discharged or satisfied. If an
architect, a consultant, or a subcontractor, or other person or entity providing services or work
for the Contractor, refuses to furnish a release or waiver required by City, the Contractor may
furnish a bond satisfactory to the City to indemnify City against such liens, claims, security
interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains
unsatisfied after payments are made, the Contractor shall refund to City all money that City may
be compelled to pay in discharging such liens, claims, security interests, or encumbrances,
including all costs and reasonable attorney’s fees.
27. TERM:
Unless otherwise terminated in accordance with the termination provisions under Contract Documents
hereinabove, this Agreement shall be in effect from the Effective Date through satisfactory completion of the
Work and delivery of all Goods and Services according to the established schedule.
11
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
28. 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.
29. 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.
30. NO THIRD PARTY BENEFICIARIES:
This Agreement gives no rights or benefits to anyone other than City and Contractor.
31. DEBARMENT AND SUSPENSION:
31.1 The Contractor 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
Contractor.
31.2 The Contractor 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
Contractor 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.
32. PRIOR WORK:
In the event that Contractor has delivered any Goods and Services and/or performed any of the Work under
this Agreement prior to the date of this Agreement, pursuant to an authorization to proceed or verbal directive
issued by City to Contractor or a letter of intent or verbal understanding entered into by and between City and
Contractor, this Agreement and all of the terms and conditions thereof, including the payment obligations of
City for such prior deliveries and/or performance, shall govern such prior deliveries and/or performance to the
same extent as though they were performed or delivered after the date hereof, and any amounts that were
earned by Contractor and paid by City to Contractor, or earned by Contractor and still to be paid by City to
Contractor, for such other previously delivered Goods and Services or performed Work, shall be applied as a
credit against Contractor’s overall compensation under this Agreement.
33. RIGHT TO ATTORNEY FEES:
In the event City employs attorneys or incurs other expenses it may deem necessary to protect or enforce its
rights under the Agreement where Contractor is in default or breach of the Agreement, or City otherwise is
required to undertake performance of Contractor’s obligations hereunder because of Contractor’s failure or
refusal to perform, Contractor agrees to pay the attorney fees, costs and expenses so incurred by City.
Furthermore, wherever in the Agreement Contractor agrees to pay expenses incurred by City such expenses
shall include, but are not limited to, attorney fees incurred by City.
12
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Howard Asphalt, LLC d/b/a Howard Companies
Street Department - 2025
Appropriation #1206 101 43-502.00, 43-509.00; 2201 2201 43-502.00, 43-502.02, 43-502.03 Motor Vehicle Highway Fund;
2200 202 43-502.00 Local Road & Street Fund; P.O. #s 115477, 115478, 115473
Contract Not To Exceed $6,853,166.82
34. DRUG FREE WORK SITE:
Contractor and its employees shall comply with all provisions of the Drug Free Workplace Act of 1988 as
amended. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance
in the workplace is prohibited. Contractor is responsible for the development implementation, administration
and enforcement of a formal substance abuse policy (“Substance Abuse Policy”) which, as, a minimum,
meets the standards set forth by the City.
35. COMPLIANCE WITH IND. CODE § 5-16-13:
To the extent that this Project and Agreement is subject to the requirements of Indiana Code § 5-16-13 et
seq., which are incorporated by reference as if fully restated herein, Contractor shall comply with all
applicable requirements set forth therein.
36. ACCESS TO PUBLIC RECORDS ACT:
Contractor understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3-
2(m), as amended, that is related to the subject matter of the Contract, whether the same is in the
possession or control of Contractor or City, shall be subject to release under and pursuant to the provisions
of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended.
37. COMPETING LAWS:
As between inconsistent provisions among Federal, State and local laws, Contractor should generally comply
with the more stringent requirement, unless a Federal law, rule or regulation requires that the affected
Federal provision be observed, notwithstanding the existence of a more stringent applicable State or local
requirement.
38. IRAN CERTIFICATION:
Pursuant to I.C. § 5-22-16.5, the Contractor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
39. 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.
40. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Contractor 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.
13
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
2/26/2025
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
3/5/2025
3/5/2025
3/5/2025
3/5/2025
2025 Base Bid Road List
106th St
Street NameFromToAphalt Type
106th StMonon TrailKeystone PkwyC
Rohrer Rd
Street NameFromToAphalt Type
Rohrer RdEglin Dr146th StC
Westfield Blvd
Street NameFromToAsphalt Type
Westfield Blvd96th St106th StC
West Rd
Street NameFromToAsphalt Type
West Rd116th StEagle Chase WayB
Briar Cove Estates
Street NameFromToAsphalt Type
Valleybrook Pl116th EndB
Williams Ridge Estates
Street NameFromToAsphalt Type
Carriage Ln116thEndB
Bradford Place
Street NameFromToAsphalt Type
Branford Pl116thEndB
Eden Forest
Street NameFromToAsphalt Type
Forest Dr116thEndB
Eden PlEndEndB
Washington Boulevard Meadows
Street NameFromToAsphalt Type
N Washington Blvd106thEndB
Penn View Heights
Street NameFromToAsphalt Type
N Delaware St103rd106thB
Foxwood
Street NameFromToAsphalt Type
Foxwood Dr @103rdEndB
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
2025 Base Bid Road List Continued
College Plaza
Street NameFromToAphalt Type
Barmore Ave106th StBarbie LnB
Arthur Dr106th StN College AveB
Barbie LnBarmore AveEndB
North Ridge
Street NameFromToAphalt Type
N Delaware St103rdEndB
N Washington Blvd103rdEndB
N New JerseyEndEndB
Central AveEndEndB
Ruckle StEndEndB
N Park AveEndEndB
Broadway AveEndEndB
102nd StEndEndB
Walnut Creek Woods
Street NameFromToAphalt Type
Walnut Creek Dr W106th StKnight DrB
Walnut Creek CtWalnut Creek Dr WEndB
Carmel View
Street NameFromToAphalt Type
Carmel View DrS Richland AveElm StB
E Elm StRangeline RdCarmel View DrB
Spring Mill Ridge
Street NameFromToAphalt Type
Cardiff DrSouthampton CtMain StB
Southampton CtCardiff DrEndB
Portsmouth DrEndDorset BlvdB
Leeds CirPortsmouth DrEndB
Portsmouth CtPortsmouth DrEndB
Sheffield BlvdDorset BlvdEndB
Sheffield CtSheffield CtEndB
DorsetBrighton AveSpringmill RdB
Spring Mill Stream
Street NameFromToAphalt Type
Devon LnDorset BlvdEndB
Hampshire CtDevon LnEndB
Cornwall CtDevon LnEndB
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
2025 Base Bid Road List Continued
Crooked Stick (East Side)
Street NameFromToAphalt Type
Crooked Stick LnBurning Tree LnDitch RdB
Burning Tree LnCrooked Stick LnEndB
Preston TrCrooked Stick LnDitch RdB
Woodlake CtPreston TrEndB
Preston CtPreston TrEndB
Prestwick LnDitch RdEndB
Prestwick CirPrestwick LnEndB
Brookshire Village Phase 3
Street NameFromToAphalt Type
Brompton RdKensignton RdBishop Gate DrB
Bishopgate DrCamberley LnBrompton RdB
Camberly LnCharing Cross RdLambeth WalkB
Charing Cross Rd126th StCamberly LnB
Cedar Point
Street NameFromToAphalt Type
Cedar Point Dr96th StEndB
Mill Creek PlCedar Point DrEndB
Cedar Ridge DrCedar Point DrEndB
Mill RunCedar Point DrEndB
Cedar WoodCedar Point DrEndB
Cedarwood PlCedar WoodEndB
Cedar PlCedar Point DrEndB
Westwood Estates
Street NameFromToAphalt Type
Inglenook Ln141st StCaspian DrB
Quarter Horse CtInglenook LnEndB
Renegade CtInglenook LnEndB
Woodside Hollow DrRenegade CtSunblaze DrB
Bayhill East Side
Street NameFromToAphalt Type
Heatherstone PlWindpointe PassBayhill DrB
Skipping Rock CtHeatherstone PlEndB
Snowberry Bay CtHeatherstone PlEndB
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
2025 Base Bid Road List Continued
Concord Village
Street NameFromToAphalt Type
Lexington BlvdMain St City Center DrB
Albert CtLexington BlvdEndB
Altam AveLexington BlvdConcrete TransitionB
Concord LnLexington BlvdEndB
Concord CtLexington BlvdEndB
Lincoln CtLexington BlvdEndB
Kinzer AveConcord LaneCity Center DrB
David PlLexington BlvdEndB
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
2025 Alternate Bid 1 Road List
111th St
Street NameFromToAphalt Type
111th StLexington DrWestfield BlvdC
Hazel Dell Pkwy
Street NameFromToAphalt Type
Hazel Dell PkwyMain St126th STC
Cornerstone Place
Street NameFromToAphalt Type
Cornerstone CtE Pam RdEndB
E Pam RdEndCentral AveB
Meridian Meadows
Street NameFromToAphalt Type
Vali DrE Pam Rd106th StB
Vali CtVali DrEndB
Stephen CtVali DrEndB
Meridian Highlands
Street NameFromToAphalt Type
Penn Dr106th StEndB
Cool Creek Estates (Remainder)
Street NameFromToAphalt Type
Cool Creek DrEndEndB
Lawrence Rd126th StCool Creek DrB
Douglas DrLawrence RdMohawk CtB
Mohawk Ct126th StEndB
Cross StHillcrest DrFairbanks DrB
Harrow Gates
Street NameFromToAphalt Type
Beechmont DrMain StWillowick RdB
Brierley WayAlwyne RdWillowick RdB
Bexhill DrMain StWillowick RdB
Alwyne RdEndEndB
Willowick RdBeechmont DrBexhill DrB
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
2025 Alternate Bid 1 Road List Continued
Lexington Farms (West Side)
Street NameFromToAphalt Type
Pimlico CirLexington DrLexington DrB
Belair DrPimlico CirLexington DrB
Belmont CirPimlico CirBelair DrB
Santa Anita CtBelmont CirEndB
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
25-STR-02PAVING SPECIFICATIONS
This bid packet is based on quantities and not streets presented on the provided
proposed streetlist. The proposed street list should not be considered as comprehensive.
The street list is subject to change with additions or deletions.
Substantialcompletiondate: 08/06/2025
Final completion date: 11/01/2025
thAllmainroadsmustbecompletedbyAugust6, 2025. Project completion
stmustbebeforeNovember1, 2025, or incur a penalty of $500 per day.
Standards for concrete and paving must be2022 INDOT standards, Section 402 for asphalt,
Section 502 for concrete. Bidding company must have INDOT certified concrete inspector, to
test in accordance with INDOT frequency manual. Pavement must be tested at Contractor’s
expense, as requested by City.
Concrete and paving companies must have atleast 10 years experience and must be INDOT-
certified.
After bid has been awarded, a preconstruction meeting will be scheduled where the contractor
must submit a design mix for the concrete and asphalt pavement.
Any additional lineitems outside of the original bid tab must be approved and have a signed
change order before work can be performed.
Bi-weekly progress meetings will be held at the Carmel Street Department once contract
documents have been signed.
Allstreets to be properly cleaned before applying materials.
All materials shall comply with current Indiana State Highway Standard specifications for
material supplied and for application of materials. Bidder tofurnish all equipment asrequired to
process and apply materials. Asphalt plants shall be owned by bidder and approved by the
Indiana Department of Highways.
Some work on one or more City streets will have to be coordinated with other work on the street.
After the job is complete, if the City deems it necessary, at City’ssole discretion, core samples
will betakenandanalyzed at job sitesat the expense of the City. A representative of the Carmel
Street Department will be assigned to each job site.
There will be no work done without first contacting the Carmel Street Commissioner for
approval of dates, times and locations.
An agreement of conditions shall be signed by the accepted bidder.
The Citymay require that trucks provide tickets that certify the weight of the material delivered.
Paving Specifications-1
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
All striping shall be put back with thermoplastic per INDOT specifications.
All durable pavement marking material isto be as set out inthe Manual on Uniform Traffic
Control Devices within 14 days of final pave.
Proper signage and traffic control willbe the responsibility of the successful bidder. (For
example:“WorkersPresent” shallbeused in placeof“MenWorking”).
In residential areas, proper notification to residents of paving dates willbe the responsibility of
the successful bidder.
Milling of butt joints willbe a minimum of 1” in depth.
For milling purposes, anydamage to manhole covers willbe the responsibility ofthe bidder.
Butyl rubber or Kent seal will be used when resetting manholes.
Due to the potential damage to roadway surfaces, alltrac machines willbe moved by truck from
street to street and will not be driven on existing City roadways.
In some areas, there are brick pavers or stamped concrete. Special use of sand and 4’x8’ pieces
of plywood need to be used to protect those areas from tac and asphalt.
All cold joints have to be cutsquare.
Where new pavement meets new pavement, the seam must be double-tacked.
Forthe
4” – Binder
1” – Surface
For the purposes of the contract, anyareas Plunge Milled 6" depth and replaced willconsist of
the following:
Paving Specifications-2
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
THERMOPLASTIC
Application:Thermoplastic marking material shall be used on asphalt pavements unless
otherwise specified or directed. The pavement surface shall be primed with a binder material in
accordance with the manufacturer’s recommendations. Thermoplastic marking shall be applied
in molten form by spray, extrusion, or ribbon type extrusion airless spray when the pavement
temperature is 50 degrees Fahrenheit (10 degrees Celsius) orabove. The average thickness of
each 36 in. (910 mm) length of thermoplastic marking shall be no lessthan 3/32 in. (2.5 mm) nor
more than 3/16 in. (5 m). Immediately following the application of the thermoplastic markings,
additional reflectorization shall be provided by applying glass beads to the surface of the molten
material at a uniform minimum rate of 6 lb./100 sq. ft. (2.9 kg/10 m²) of marking.
Equipment: The machine used for the spray application of thermoplastic markings shall
consist of a kettlefor melting the material and anapplicator for applying the markings. Allof
the equipment required for preheating and applying the material shall maintain a uniform
material temperaturewithin the specified limits, without scorching, discoloring or overheating
any portion of the material.
The machine shall be equipped with the following: anairblast device for cleaning the pavement
ahead of the marking operation; a guide pointer to keep the machine on an accurate line; at least
two spray guns which can be operated individually or simultaneously; agitators; a control device
to maintain uniform flow and application; an automatic device which will provide a broken line
of the required length; and an automatic glass bead dispenser which is synchronized with the
marking application.
Preformed Plastic Application: The Contractor shall provide the Department with original
copies ofall necessary current manufacturer’sinstallation manuals prior to beginning installation
work. No installation work shall begin prior to the Department’sreceipt of these manuals.
Thesemanualswill become the property of the Department.
Preformed plastic shall be applied when the air temperature is a minimum of 60 degrees
Fahrenheit (16degrees Celsius) and rising, and the pavement temperature is aminimum of 70
degrees Fahrenheit (21 degrees Celsius).
Paving Specifications-3
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Technical Specifications
Plunge Mill
If Plunge Mill becomes necessary, a change order will be requested for additional pay items.
Description: Removing 7.5” of asphalt bymillingthen backfilling with HMA intermediate
with a 1.5” lift if HMA intermediate as directed by the Engineer.
Materials andperformance shallbeinaccordance with INDOT Standard Specification Section
401 except for testing. Acceptance of material shall be based upon a Type D certification.
Intermediate liftsshall be two lifts of 3” – 330#/SYD QC/QA – HMA, 3, 64, Intermediate,
19.0mm.
Measurement shall be by the square yard of Intermediate mixplaced. The Surface course shall
be measured by the ton.
Payment shall be paid by the ton of Intermediate placed. TheSurfacecourseshall be paid by
the ton. Plunge mill shall be paid by the square yard.
Paving Specifications-4
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
City ofCarmel
Streets
Matt Higginbotham, Commissioner
One Civic Square, Carmel, IN 46032
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
RESPONSE DEADLINE: January 22, 2025 at9:00am
Report Generated: Friday, February 14, 2025
HowardCompaniesResponse
CONTACT INFORMATION
Company:
Howard Companies
Email:
jdillon@howardcompanies.com
Contact:
Josh DIllon
Address:
2916 Kentucky Ave
n/a
indianapolis, IN46221
Phone:
N/A
Website:
www.howardcompanies.com
Submission Date:
Jan21, 2025 4:55 PM (Eastern Time)
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
ADDENDA CONFIRMATION
Addendum #1
W ta W5L
Addendum #2
W ta W5L
Addendum #3
W ta W5L
Addendum #4
W ta W5L
QUESTIONNAIRE
1. BIDDER INFORMATION
AUTHORIZED REPRESENTATIVE CONTACT INFORMATION:*
t
Please enter name, title, phone andemail oftheauthorized representative
Shelby Howard, President, 317-223-1156 showard@howardcompanies.com
SeanRizer, CFO, 219-309-0460 srizer@howardcompanies.com
BIDDER ISA/AN:*
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 2
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
t
Indiana Corporation
IFYOUSELECTED OTHER, PLEASE EXPLAIN BELOW:
Noresponse submitted
ISTHE BIDDER AFOREIGN CORPORATION?*
t
No
2. BID PROPOSAL
BIDPROPOSAL CONFIRMATION*
t
Theundersigned Bidder proposes tofurnish allnecessary labor, machinery, tools, apparatus, materials, equipment, service andother
necessary supplies, andtoperform andfulfill allobligations incident thereto instrict accordance withandwithin thetime(s) provided
bytheterms and conditions oftheContract Documents fortheabove described Work andProject, including any andalladdenda
thereto, fortheUnitPrices applicable totheContract Items asstated inthepricing table. TheBidder acknowledges thatevaluation of
thelowest Bidshall bebased onsuchprice andfurther acknowledges thattheunitquantities listed inpricing table ofthisProposal are
estimates solely forthepurpose ofBidevaluation andContract award, andarenottobeconstrued asexact orbinding. TheBidder
further understands thatallWork which mayresult ontheContract shall becompensated foronaUnitPrice basis andthatthe
OWNER andENGINEER cannot anddonotguarantee theamount orquantity ofany itemof Work tobeperformed or furnished under
theContract.
Confirmed
CONTRACT DOCUMENTS CONFIRMATION*
t
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 3
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
TheBidder agrees tobe bound bythetermsandprovisions ofall Contract Documents asdefined intheStandard General Conditions
andincorporates suchContract Documents herein byreference.
Confirmed
DOYOUHAVE ANYEXCEPTIONS TOTHESPECIFICATIONS OR OTHER CONTRACT DOCUMENTS?*
t
No
FINANCIAL STATEMENT*
t
atute
shall thereby be rendered invalid. Thefinancial statement provided hereunder toOWNER must bespecific enough indetail sothat
information requested ontheState Board ofAccounts Forms
Howard_Companies_Financials.pdf
ADDITIONAL DECLARATIONS*
t
A. Bidder certifies foritself andallitssubcontractors compliance withallexisting laws ofthe United States andtheState of
Indiana prohibiting thediscrimination against anyemployee orapplicant foremployment orsubcontract work inthe
performance oftheWork contemplated bytheAgreement with respect tohire, tenure, terms, conditions, orprivileges of
employment oranymatter directly orindirectly related toemployment orsubcontracting because ofrace, religion, color, sex,
handicap, national origin, ancestry, age, disabled veteran status or Vietnam eraveteran status. TheCityofCarmel reserves the
right tocollect apenalty asprovided inIC5-16-6-1foranyperson discriminated against.
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 4
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
B. TheBidder certifies thathe/she hasthoroughly examined thesite oftheProject/Work andinformed himself/herself fully
regarding allconditions under which he/shewill beobligated tooperate andthatinanyway affect theWork, and knows,
understands andaccepts theexisting conditions. TheBidder further certifies thathe/shehas thoroughly reviewed the Contract
Documents, including allAddenda, andhashadtheopportunity toaskquestions andobtain interpretations orclarifications
concerning Contract Documents.
Confirmed
3. NON-COLLUSION AFFIDAVIT
NON-COLLUSION AFFIDAVIT*
t
Theindividual person(s) executing this BidProposal, being first dulysworn, depose(s) andstate(s) thattheBidder hasnotdirectly or
indirectly entered intoacombination, collusion, undertaking oragreement with anyotherBidder orperson (i) relativetotheprice(s)
proposed herein ortobebidbyanother person, or (ii) toprevent anyperson from bidding, or (iii) toinduce aperson torefrain from
Bidding; andfurthermore, thisBidProposal ismade andsubmitted without reference toanyother bidsandwithout agreement,
understanding orcombination, either directly orindirectly, with anypersons with reference tosuchbidding inanyway ormanner
whatsoever.
Confirmed
SIGNATURE ANDNOTARIZATION*
t
Please download thebelow documents, complete andhave notarized. Anonline notarization option willbeprovided foryou when
responding.
Signature.pdf
Carmel_Signature_Doc.pdf
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 5
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
4. BID BOND
BIDBOND*
t
Pleasedownload thebelow documents, complete, andupload.
BID_BOND.pdf
Carmel_Bid_Bond.pdf
PRICETABLES
BASE BIDTAB
Line Item Description Quantity Unit of UnitCost Total
Measure
1 AET orAE150TAC 16,533 GAL $0.01 $165.33
2 9.5Type BSurface 17,025 TON $87.75 $1,493,943.75
3 9.5Type CSurface 9,257 TON $88.90 $822,947.30
4 12.5Type CIntermediate 3,164 TON $86.70 $274,318.80
5 Standard 1.5" - 4" Asphalt Mill 286,928 Sq. Yd. $1.62 $464,823.36
6 3.5" - 4.5" Concrete Mill 28,760 Sq. Yd. $4.60 $132,296.00
7 Speedhump Road Width 26' - 30' 5 EA. $2,250.00 $11,250.00
8 Blue Reflectors 109 EA. $120.00 $13,080.00
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 6
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
Line Item Description Quantity Unit of UnitCost Total
Measure
9 4" Solid/Broken Yellow 33,435 L.F. $0.75 $25,076.25
10 4" Solid/Broken White 31,000 L.F. $0.75 $23,250.00
11 Shark Teeth 195 L.F. $8.25 $1,608.75
12 24" White Stopbars 1,467 L.F. $7.50 $11,002.50
13 Lane Indicator Arrows 14 EA. $235.00 $3,290.00
14 Onlys 9 EA. $265.00 $2,385.00
15 24" White Piano Keys 2,557 L.F. $7.50 $19,177.50
16 Roundabout Arrows 4 EA. $385.00 $1,540.00
17 8" Solid White Line 1,587 L.F. $1.50 $2,380.50
18 6" Solid White Line 8,240 L.F. $1.30 $10,712.00
19 24" Yellow Crosshatch 582 L.F. $7.50 $4,365.00
20 Temporary Traffic Tape 500 L.F. $3.00 $1,500.00
21 Temporary Traffic Tape Removal 500 L.F. $2.00 $1,000.00
22 Roll Curb Partial Replacement 3,750 L.F. $71.00 $266,250.00
23 Chairback CurbPartial Replacement 11,560 L.F. $76.00 $878,560.00
24 Roll Curb Full Replacement (Curb Machine) 5,128 L.F. $60.00 $307,680.00
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 7
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
Line Item Description Quantity Unit of UnitCost Total
Measure
25 4' Wide Sidewalk 6" Depth 5,128 L.F. $51.00 $261,528.00
26 4' Wide Sidewalk 4" Depth 260 L.F. $45.00 $11,700.00
27 4' ADA Ramp 66 EA. $2,100.00 $138,600.00
28 Greater than 4' ADA Ramps 34 EA. $2,700.00 $91,800.00
29 Concrete Replacement 120 Sq. Yd. $125.00 $15,000.00
30 Greenspace 100 Sq. Yd. $60.00 $6,000.00
31 4" White Parking "T" 100 L.F. $1.00 $100.00
TOTAL $5,297,330.04
ALTERNATE 1BIDTAB
Line Item Description Quantity Unit of UnitCost Total
Measure
32 AET orAE150TAC 4,549 GAL $0.01 $45.49
33 9.5Type BSurface 5,536 TON $88.10 $487,721.60
34 9.5Type CSurface 2,281 TON $91.75 $209,281.75
35 Standard 1.5" - 4" Asphalt Mill 94,762 Sq. Yd. $1.62 $153,514.44
36 Blue Reflectors 24 EA. $120.00 $2,880.00
37 4" Solid/Broken Yellow 11,948 L.F. $0.75 $8,961.00
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 8
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
Line Item Description Quantity Unit of UnitCost Total
Measure
38 4" Solid/Broken White 5,686 L.F. $0.75 $4,264.50
39 Shark Teeth 86 L.F. $8.25 $709.50
40 24" White Stopbars 370 L.F. $7.00 $2,590.00
41 Lane Indicator Arrows 9 EA. $235.00 $2,115.00
42 Onlys 5 EA. $265.00 $1,325.00
43 24" White Piano Keys 975 L.F. $7.50 $7,312.50
44 Roundabout Arrows 8 EA. $385.00 $3,080.00
45 8" Solid White Line 157 L.F. $1.50 $235.50
46 6" Solid White Line 3,100 L.F. $1.30 $4,030.00
47 24" Yellow Crosshatch 77 L.F. $7.50 $577.50
48 Temporary Traffic Tape 200 L.F. $3.00 $600.00
49 Temporary Traffic Tape Removal 200 L.F. $2.00 $400.00
50 Roll Curb Partial Replacement 7,143 L.F. $71.00 $507,153.00
51 Chairback CurbPartial Replacement 1,050 L.F. $76.00 $79,800.00
52 4' Wide Sidewalk 4" Depth 50 L.F. $45.00 $2,250.00
53 4' ADA Ramp 2 EA. $2,100.00 $4,200.00
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
Line Item Description Quantity Unit of UnitCost Total
Measure
54 Greater than 4' ADA Ramps 12 EA. $2,700.00 $32,400.00
55 Concrete Replacement 0 Sq. Yd. $0.00
56 Greenspace 10 Sq. Yd. $60.00 $600.00
57 4" White Parking "T" 0 L.F. $0.00
TOTAL $1,516,046.78
ALTERNATE 2BIDTAB
Carmel FireStationParking Lot - Station 42 andStation 46
Line Item Description Quantity Unitof Unit Cost Total
Measure
58 AET orAE 150TAC 100 GAL $0.01 $1.00
59 9.5Type BSurface 0 TON $0.00
60 9.5Type CSurface 257 TON $105.00 $26,985.00
61 Standard 1.5" - 4" Asphalt Mill 2,833 Sq. Yd. $3.00 $8,499.00
62 Blue Reflectors 0 EA. $0.00
63 4" Solid/Broken Yellow 0 L.F. $0.00
64 4" Solid/Broken White 300 L.F. $0.75 $225.00
65 Shark Teeth 0 L.F. $0.00
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 10
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
Line Item Description Quantity Unitof Unit Cost Total
Measure
66 24" White Stopbars 0 L.F. $0.00
67 Lane Indicator Arrows 0 EA. $0.00
68 Accessibility Parking Space Marking 2 EA. $600.00 $1,200.00
69 24" White Piano Keys 384 L.F. $7.50 $2,880.00
70 Roundabout Arrows 0 EA. $0.00
71 8" Solid White Line 0 L.F. $0.00
72 6" Solid White Line 0 L.F. $0.00
73 24" Yellow Crosshatch 0 L.F. $0.00
74 Temporary Traffic Tape 0 L.F. $0.00
75 Temporary Traffic Tape Removal 0 L.F. $0.00
76 Roll Curb Partial Replacement 0 L.F. $0.00
77 Chairback Curb Partial Replacement 0 L.F. $0.00
78 4' Wide Sidewalk 4" Depth 0 L.F. $0.00
79 4' ADA Ramp 0 EA. $0.00
80 Greater than 4' ADA Ramps 0 EA. $0.00
81 Concrete Replacement 0 Sq. Yd. $0.00
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 11
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
IFBNo. IFB-2024-019
25-STR-02Paving
Line Item Description Quantity Unitof Unit Cost Total
Measure
82 Greenspace 0 Sq. Yd. $0.00
83 4" White Parking "T" 0 L.F. $0.00
TOTAL $39,790.00
HOWARD COMPANIES\] RESPONSE DOCUMENT REPORT
Invitation ForBid - 25-STR-02Paving
Page 12
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
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: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9
Page 1 of 1INDIANARETAILTAXEXEMPT
PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel
FEDERAL EXCISE TAX EXEMPT 115473
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584
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
25-STR-02 - Paving Contractor2/14/2025372681
HOWARD COMPANIES City Engineering's Office
VENDORSHIP2916KENTUCKYAVE 1 Civic Square
TO Carmel, IN 46032-
INDIANAPOLIS, IN 46221 - Laurie Slick
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
97423
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 2200202Local Road & Street Fund
Account: 43-502.00
Each125-STR-02 - 2025 Street Paving$525,798.00$525,798.00
Sub Total 525,798.00
Send Invoice To:
City Engineering's Office
Laurie Slick
1 Civic Square
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
525,798.00PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN
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 LABEL
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO.
Bradley PeaseZac Jackson
TITLEDirectorCFO
CONTROL NO. 115473
Docusign Envelope ID: 567ABE44-3163-4C3E-A0C3-AAFA1BFC7DC9