HomeMy WebLinkAboutCalumet Civil Contractors, Inc./Engr •
Calumet Civil Contractors,Inc. 6)n-kccq- (U
Engineering Department-2010
Appropriation#203-R446-2200 $37,157.80;211-R446-2200 $6,341.06;2200-R446-2300$32,400.00;203-446-2200
$86,101.09 P.O.#21822
Contract Not To Exceed$162,000.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
APPROVZ7 AS TO FORM BY
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Calumet Civil Contractors, Inc., an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation numbers 203-R446-2200, 211-R446-2200, 2200-R446-2300, 203-446-2200 funds.
Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this
Agreement by applying at all times the highest technical and industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than One Hundred Sixty Two Thousand Dollars ($162,000.00) (the "Estimate").
Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods
and Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within sixty (60) 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, are submitted on an invoice that contains the information
contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering
Department Bid Proposal Package for "#09-06 Auman and Newark Neighborhood Improvements" received
by the City of Carmel Board of Public Works and Safety on or about June 16, 2010, all of which documents
are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and
workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and
expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been
selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose.
]Z:\hded\rol.Svcs&Goods Svcs\Eng,omomg\2010\CALUMET CIVIL CONT.(Auman and Now ark)Gals S.Smvice<.dng6/24/2010 2:04 PM]
Calumet Civil Contractors,Inc.
Engineering Department-2010
Appropriation#203-R446-2200 $37,157.80;211-R446-2200$6,341.06; 2200-R446-2300$32,400.00;203-446-2200
$86,101.09 P.O.#21822
Contract Not To Exceed$162,000.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
[Z:\aharal\Nof:Svcs&Good Svos\Enginovmg\2010\CALUMET CIVIL CONT.(Aomo,,and Newark)Good,&Suvice..do 6/2420I0 2:04 PM]
Calumet Civil Contractors,Inc.
Engineering Department-2010
Appropriation#203-R446-2200 $37,157.80;211-R446-2200$6,341.06;2200-R446-2300$32,400.00;203-446-2200
$86,101.09 P.O.#21822
Contract Not To Exceed$162,000.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. 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.
13. 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.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
[Z:Wm.!\Prn1SvG&Good.,Svc.\Enginoving\2010\CALUMET CIVIL CONT.(Awnm,yid Newark)Gond,&Sawn 2.(14 PM)
Calumet Civil Contractors,Inc.
Engineering Department-2010
Appropriation#203-R446-2200 $37,157.80;211-R446-2200$6,341.06;2200-R446-2300$32,400.00;203-446-2200
$86,101.09 P.O.#21822
Contract Not To Exceed$162,000.00
16. 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.
17. 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
One Civic Square
Carmel, Indiana 46032
ATTN: Mike McBride
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Calumet Civil Contractors, Inc.
4898 Fieldstone Drive
Whitestown, Indiana 46075
Telephone: 317-769-1921
E-Mail: kgreen@calumetcivil.com
ATTENTION: Kevin S. Green
Notwithstanding the above, notice of termination under paragraph 18 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.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
(Z:\har,I\ProfSvc.&Goo&Svcs\Engrn thg\2010)CALUMET CIVIL CONT.(Aumun and Newark)Goods&S, oo,.do 6/2420I0 2:04 PM]
Calumet Civil Contractors,Inc.
Engineering Department-2010
Appropriation#203-R446-2200$37,157.80;211-R446-2200$6,341.06; 2200-R446-2300$32,400.00;203-446-2200
$86,101.09 P.O.#21822
Contract Not To Exceed$162,000.00
18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
21. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2010, 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.
22. 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.
23. 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.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25. 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.
[Z:\hwal\Prof1Svc,&Goods Svc.\Enguoaiing\2010\CALUMET CIVIL CONT.(Awnan and Newark)Goal.&Scrviccs.do 6/24/20102:04 PM]
Calumet Civil Contractors,Inc.
Engineering Department-2010
Appropriation#203-R446-2200$37,157.80;211-R446-2200$6,341.06;2200-R446-2300$32,400.00;203-446-2200
$86,101.09 P.O.#21822
Contract Not To Exceed$162,000.00
26. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA CALUMET CIVIL CONTRACTORS, INC.
by and through its Board of Public
Works and Safety
By: A By:
•
es Brainard, Presidin. Officer A13thorizzd Sig .. k
ate: -- <I tom,
Daniel T. Sweet
' eit/ - - Printed Name
Mary An' Burke, Member
Date: — (� Vice President
dalTitle
Lori S. Cr,, ember FIDITIN: 35-1151771
Date:
SSN if Sole Proprietor.
ATTEST:
Date: June 28, 2010
iana Cordray, IAM , Clerk-Treasurer
Date: 7-7^ZU
IL iVrors.n&Goad.Saa1Eadasacresd11010,CALUMET CIVIL COW(M �a Ncxar4 Goads&s.,..admrrvmio 291 PM
PROPOSAL
AUMAN&NEWARK NEIGHBORHOOD IMPROVEMENTS
PHASE l: 126a'Street Sidewalk and Drainage Improvements
To the City of Carmel,Indiana:
The undersigned Bidder declares that it has read the Specifications and other Contract Documents,has
examined and understands the plans, has examined the Site of the Work and has determined for itself
the conditions affecting the Work,and proposes and agrees that if this Proposal is accepted,to provide,
at Bidder's own expense, all labor, insurance, superintendence, machinery, plant, equipment, tools,
apparatus, appliances and means of construction, and all materials and supplies, needed to complete,
for its intended purpose,the entire Work and all parts thereof described as included under the Contract
herein bid upon,in the manner and items prescribed,including all Work incidental thereto,according to
the Plans, Contract Documents and Specifications, Indiana Department of Transportation (INDOT)
Standard Specifications (2008 issue) and INDOT Standard Drawings and such instructions as the
ENGINEER may give.
And hereby tenders this Bid to construct said Project in accordance with the Contract Documents now
on file with the City of Carmel,Indiana,and pursuant to the payment bond and performance bond to be
filed herewith,each in the amount of 100%of the Contract price of:
TOTAL BID AMOUNT
One Hundred Sixty Two Thousand and
00/100 Dollars(Words)
$162,000.00 Dollars(Figures)
This price is the sum of the quoted unit prices times the quantities for each item as shown on the
attached Itemized Proposal. Whereas a mathematical computation error exists on the Itemized Proposal,
thus causing the above-stated Bid Amounts to be stated incorrectly, the Bidder acknowledges that the
unit prices,as stated on the Itemized Proposal,shall govern.
The undersigned further agrees to complete the furnishing and construction of this Project and have it
substantially completed and ready for use on or before 75 Calendar Days from receipt of a Notice to
Proceed in accordance with the Instructions to Bidders.
P-1
EXHIBIT__ ___
163
Enclosed is a certified check to the City of Carmel,or a bid bond binding the undersigned and surety to
the City of Carmel,Indiana,in the amount of:
Sixteen Thousand Two Hundred and
00/100 Dollars(Words)
$16,200.00 Dollars(Figures)
which amount is not less than 10 % of the total Bid amount, guaranteeing the undersigned will enter
into the Contract for the performance of the work if this Proposal is accepted.
As required by the Instructions to Bidders, Questionnaire Form 96 (revised 2005), of the Indiana State
Board of Accounts is properly executed and attached hereto. It is hereby agreed that this Proposal shall
remain in full force and effect, and may not be withdrawn for a period of 30 days from and after the
date of bid opening by the City Council,Carmel,Indiana.
Respectfully submitted,
Calumet Civil Contractors, Inc.
CONTRACTOR
Fr
iti Tidual) (Partnership) or orporation)
By /*
S. Green, President
Addr, 4898 Fieldstone Drive
Whitestown, IN 46075
Dated: June 16, 2010
The above Bidder acknowledges receipt of Addenda Nos. 1
Note: The legal status of the Bidder, whether as an individual, partnership, company or corporation
must be indicated as above, and all pertinent information as required by the Specifications must be
furnished.
P-2 ,
ITEMIZED PROPOSAL
Auman & Newark Neighborhood Improvements Phase 1
Item Total
Item Description Quantity Unit Unit Cost Amount
1 Mobilization/Demobilization 1 LSUM lo.000.00 10,000.00
2 Construction Engineering 1 LSUM 3,000.00 3,000.00
3 Clearing 1 LSUM 5,000.00 5,000.00
4 B-Borrow for Structure Backfill 108 CYD 19.00 2,052.00
5 Flowable BackFill for Pipes 4 CYD 129.00 516.00
6 Storm Sewer Pipe, 12" Class V RCP 632 LFT 36.00 22,752.00
7 Storm Sewer Pipe, 15" CMP 4 LFT 56.00 224.00
8 Draintile, PVC, 4", Undistributed 10 LFT 19.00 190.00
9 Inlet F-7 1 EA 1,500.00 1,500.00
10 Pipe Catch Basin, 18" 1 EA , 1,400.00 1.400.00
11 Modified Manhole C-4 4 EA 1,900.00 7,600.00
12 Cored Holes in Structures 1 EA 670.00 670.00
13 Class A Concrete for Structures 2 CYD 110.00 220.00
14 Curb Ramps incl. truncated domes 24 SYD 230.00 5,520.00
15 • 4" Concrete Sidewalk 121 SYD . 46.00 5,566.00
16 Concrete Pavement Removal 199 SYD 11.00 2,189.00
17 Concrete Pavement, Residential Drive, 6" 439 SYD 48.00 21,072.00
18 Linear Grading 1248 LFT 10.00 12,480.00
19 Unsuitable Materials Remove/Replace
(Undistributed) 50 CYD 39.00 1,950.00
20 Compacted A9g. For Base, 53 464 TON 26.00 12,064.00
21 HMA Surface, A, for Road Patching 2 TON 530.00 1,060.00
22 HMA Surface, A, for Path 76 TON 90.00 6,840.00
23 , HMA Intermediate, A, for Path 132 TON 74.00 9,768.00
24 Maintenance of Traffic 1 LSUM 11,137.0C 11,137.00
25 Construction Fencing, Undistributed 200 LFT 6.0C 1,200.00
26 Ditch Inlet Protection 2 EA 200.0C 400.00
27 Straw Bale Ditch Check 1 EA 255.0C 255.00
28 Culvert Protection 5 EA 100.00 500.00
29 Tree Trimming.and Protection 1 LSUM soo.00 800.00
30 Sod 1920 SYD 5.50 10,560.00
31 Water 1 LSUM 100.00 100.00
32 Signs, Reset 4 EA 150.00 600.00
33 Mailbox, Reset 7 EA 150.00 1,050.00
34 24"Thermoplastic Line, White 87 LFT 5.00 435.00
35 8" Thermoplastic Line, White, for crosswalk 44 - LFT 7.50 330.00
36 QC Testing/Videotaping 1 LSUM 1,000.00 _ 1,000.00
` s" I�{'. X -9 XA` S�+I .- ,I t+t rb i 7 5&'^-�,y„+;Yttg..`w, lWa [.,l t „'�;;,
., .�.�1.�.. .�aa��;4-um".s�';.... 'tt�`yr...`.s+.t...�-:� T'x-,+..;t ls. .�'�'.�fy...�rs.r<v..2 ...; .. ...... _-`�.ez��`�..�,_?r - :f4a+a����; j .��?�!A g..-
TOTAL: $162,000.00
/40
P-33112