Trotter Construction 7-22-98 AGREEMENT C)~/~'~
City of Carmel, Indiana
THIS AGREEMENT is made and entered into by and between the City of Cannel, Indiana,
TROTTER CONSTRUCTION
actin b and through its Board of Public Works and Safety ("OWNER") and COMPANY INC.
GRADY BROT~E~d
&INC... ("CONTRACTOR"), concerning the project ("Project") described more particularly in
Appendix A which is attached hereto and incorporated herein by reference.
RECITALS:
A,
The OWNER has heretofore caused to be prepared certain plans, specifications and other
documents (collectively, the "Contract Documents") as hereinafter listed pertaining to the
Project, and the CONTRACTOR has filed a bid proposal ("Proposal") to furnish labor,
tools, material, equipment and/or services, and to perform the work ("Work") called for
in the Contract Documents pertaining to the Project, upon the terms and for the price(s)
therein fully stated and set forth; and
B,
The said Contract Documents accurately and fully describe the terms and conditions upon
which the CONTRACTOR is willing to furnish the labor, tools, material, equipment,
services, and perform the Work called for by the Contract Documents and in the manner
and time and for the price(s) set forth therein.
THE OWNER AND CONTRACTOR AGREE AS FOLLOWS:
1.0 Contract Documents
1.1
This Agreement consists of the following Contract Documents all of which are as fully a
part of this Agreement as if set out verbatim herein or attached hereto and the same do in
all particulars become the Agreement between the parties hereto in all matters and things
set forth herein and described:
a. This Agreement, including any attachments hereto;
b,
All Addenda issued prior to receipt of bid proposals, whether or not receipt
thereof has been acknowledged by CONTRACTOR in its Proposal;
c. The Specifications;
d. The Additional Requirements;
e,
Notice to Bidders;
Instructions to Bidders;
g. Plans and Drawings;
h. Performance, Payment and Maintenance Bonds;
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1.2
2.0
2.1
2.2
3.0
3.1
i. CONTRACTOR'S Itemized Proposal and Declarations; and
All other documents defined as Contract Documents in any of the above listed
documents.
In resolving conflicts, errors, discrepancies and disputes conceming the nature, character,
scope or extent of Work to be performed or furnished by the CONTRACTOR hereunder,
or other rights and obligations of the OWNER and/or CONTRACTOR, the provision of a
Contract Document expressing the greater quantity, quality or scope of the Work, or
imposing a greater obligation upon the CONTRACTOR, or affording a greater right or
remedy to OWNER, shall govern, without regard to the party who drafted such provision;
otherwise, the Documents shall be given precedence in the order as listed in paragraph
1.1 herein above.
Contract Price
The CONTRACTOR shall, in strict conformity with the Contract Documents, furnish all
necessary labor, tools, materials, equipment, services, assume and fulfill all obligations
and perform all Work required to construct, complete, and make ready for use by the
OWNER at the Unit Prices as quoted in the Proposal for a total contract price not to
exceed $ 3,457,744.48 Base Bid subject to any additions or deletions
based on actual approved quantities of the respective unit price items, which price the
CONTRACTOR agrees to accept as full payment for all such Work actually performed
and accepted as described in the "Contract Items and Unit Prices specification" and other
Contract Documents (the "Contract Price"). The CONTRACTOR agrees that each unit
price shall be deemed full and complete compensation for all direct and indirect costs for
the each respective item of Work, including without limitation all materials, labor,
supervision, equipment, transportation, warranties, repairs, replacement, overhead and
profit for the item, complete and in place.
The above stated Contract Price will be paid to the CONTRACTOR in the manner and at
such times as set forth in the Contract Documents.
Contract Time
It is hereby understood and mutually agreed, by and between the CONTRACTOR and
OWNER, that the date of commencement and the time for completion of the Work as
specified in the Contract Documents are essential conditions of this Agreement.
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3.2
3.3
o
0
5.1
5.2
The CONTRACTOR agrees that the Work shall be commenced no later than the date
indicated in the Notice to Proceed to be provided by OWNER to CONTRACTOR and
that the Work shall be performed regularly, diligently and without interruption at such a
rate of progress as will insure "Substantial Completion" of the Project, including
completion of performance testing and such remedial work as may be required by the
OWNER, by the dates specified in contract documents.
The CONTRACTOR and OWNER acknowledge and agree that the time allotted by this
Agreement for the performance and completion of the Work is reasonable and takes into
account any and all risks and adverse conditions which may befall the CONTRACTOR
hereunder.
Effective Date
This Agreement shall be deemed effective as of the date and year on which the last of the
parties hereto, or their representative, executes same.
Miscellaneous Provisions
OWNER' s Property
Any and all documentation (other than original tracings and original calculations)
generated by CONTRACTOR pursuant to this Agreement shall be considered OWNER' s
exclusive property and shall be disclosed only to OWNER and to no other person without
OWNER's prior express written consent. CONTRACTOR shall keep confidential all
working and deliberative material pursuant to IC 5-14-3-4.
Termination
Except as stated to the contrary heroin, this Agreement may be suspended and/or
terminated upon such terms as are set forth in Article 14 of the City of Carmel, Standard
General Conditions for Construction Contracts 1997 (the "General Conditions"), as
attached hereto as Appendix B.
In the event an amount allegedly due hereunder is disputed and such dispute is not
resolved to OWNER's satisfaction within ten (10) business days after notice of such
dispute is given to CONTRACTOR, OWNER shall pay such amount as is in dispute,
under protest, into the City Court of Carrnel, which Court shall hold such money until
notified of a resolution signed by both parties hereto or until a final judgment is entered
thereon.
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5.3 Binding Effect
5.4
5.5
5.6
5.7
OWNER and CONTRACTOR and their respective officers, officials, partners,
successors, executors, administrators, assigns and legal representatives are bound by
this Agreement to the other party hereto and to the officers, officials, partners,
successors, executors, administrators, assigns and legal representatives of such other
party in all respects as to all covenants, agreements and obligations contained and/or
incorporated herein.
No Third Party Beneficiaries
Nothing contained herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER or CONTRACTOR.
Relationship
The relationship of the parties hereto shall be as provided for in this Agreement, and
CONTRACTOR, as well as its agents, employees, contractors and other persons shall
in no fashion be deemed to be an employee of OWNER. Furthermore, CONTRACTOR
shall be solely responsible for payment to or for its agents, employees, contractors and
other persons of all statutory, contractual and other compensation, benefits and
obligations due thereto, and OWNER shall not be responsible for same. Rather, the
Contract Price to be paid hereunder by OWNER to CONTRACTOR shall, subject to
the terms and conditions hereof, be the full and maximum compensation and monies
required of OWNER to be paid to CONTRACTOR pursuant to this Agreement.
Insurance
CONTRACTOR shall maintain such bonds and insurance as are set forth in
Article 5 of the General Conditions.
Indemnification
CONTRACTOR shall indemnify and hold harmless OWNER, its officers, officials,
employees, agents and legal representatives, from all losses, liabilities, claims,
judgments and liens, including, but not limited to, all costs, expenses and attomey
fees, arising out of any intentional or negligent act or omission of CONTRACTOR
and/or any of its agents, employees, subcontractors or other persons in the
performance of this Agreement. The failure to do so shall constitute a material
breach of this Agreement. This indemnification obligation shall survive the
termination of this Agreement.
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5.8 Setoff
5.9
5.10
5.11
In addition to any right of setoff provided by law, all amounts due CONTRACTOR
shall be considered net of indebtedness of CONTRACTQR to OWNER, and
OWNER may deduct any amounts due or to be come due from CONTRACTOR to
OWNER and its subsidiaries from any sums due or to become due from OWNER to
CONTRACTOR hereunder.
Government Compliance
CONTRACTOR agrees to comply with all present and future federal, state and local
laws, executive orders, rules, regulations, codes and ordinances which may be
applicable to 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 OWNER from any loss,
damage or liability resulting from any violation of such laws, orders, rules,
regulations, codes and/or ordinances. This indemnification obligation shall survive
the termination of this Agreement.
Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a
court of competent jurisdiction, that provision shall be stricken, and all other
provisions of this Agreement which can operate independently of such stricken
provision shall continue in full force and effect.
Notice.
Any notice, invoice, order or other correspondence required or permitted to be sent
under or pursuant to this Agreement shall be in writing and either hand-delivered or
sent by first-class U.S. mail, postage prepaid, addressed to the parties at the
following address:
OWNER:
CONTRACTOR:
City of Carmel
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Attention: M. Kate Boyle, PE, City Engineer
Attention:
(with a copy to City Attorney,
Department of Law, same address)
GRADY BROTHERS INC.
P0 BOX 421519
INDIANAPOLIS, INDIANA 46242
ATTN: TOM GRADY
Notwithstanding the above, a notice to cease all Work under Paragraph 5.2
hereinabove may be orally given, as long as such notice is promptly followed by
written notice as provided in this Paragraph 5.11.
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5.8 Setoff
5.9
5.10
5.11
In addition to mY fight of setoff provided by law, all amounts due CONTRACTOR
shall be considered net of indebtedness of CONTRACTQR to OWNER, and
OWNER may deduct any amounts due or to be come due from CONTRACTOR to
OWNER and its subsidiaries from any sums due or to become due from OWNER to
CONTRACTOR hereunder.
Government Compliance
CONTRACTOR agrees to comply with all present and future federal, state and local
laws, executive orders, rules, regulations, codes and ordinances which may be
applicable to 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 OWNER from any loss,
damage or liability resulting from any violation of such laws, orders, rules,
regulations, codes and/or ordinances. This indemnification obligation shall survive
the termination of this Agreement.
Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a
court of competent jurisdiction, that provision shall be stricken, and all other
provisions of this Agreement which can operate independently of such stricken
provision shall continue in full force and effect.
Notice.
Any notice, invoice, order or other correspondence required or permitted to be sent
under or pursuant to this Agreement shall be in writing and either hand-delivered or
sent by first-class U.S. mail, postage prepaid, addressed to the parties at the
following address:
OWNER:
CONTRACTOR:
City of Carmel
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Attention: M. Kate Boyle, PE, City Engineer
Attention:
(with a copy to City Attorney,
Department of Law, same address)
TROTTER CONSTRUCTION COMPANY INC.
5851 EAST 34th STREET
INDIANAPOLIS, INDIANA 46218
ATTN: JAMES TROTTER
Notwithstanding the above, a notice to cease all Work under Paragraph 5.2
hereinabove may be orally given, as long as such notice is promptly followed by
written notice as provided in this Paragraph 5.11.
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5.12 Governing Law
5.13
5.14
5.15
5.16
5.17
This Agreement shall be governed by and construed in accordance with the laws of
the State of Indiana, except for its conflict of laws provisions, as well as with all
municipal ordinances and codes of the City of Cannel. The parties further agree that,
in the event a lawsuit is filed hereunder, they waive any rights to a jury trial they may
have, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has
jurisdiction over same.
Waiver
Any delay or partial inaction on the part of OWNER in exercising or pursuing any
fight and/or remedy provided hereunder or by law shall not operate to waive any
such rights or remedies.
Exhibits
All exhibits and/or appendices referenced herein, whether marked "Exhibit",
"Appendix", or by some other title, shall be considered a part of this Agreement.
Prior Agreements
This Agreement contains all of the agreements of the parties hereto with respect to
the subject matter hereof, and no prior agreement, understanding or representation
pertaining to such subject matter shall be effective for any purpose. No provision of
this Agreement may be amended, added to or subtracted from, except by an
agreement in writing signed by all the parties hereto or their respective successors in
interest.
Representation and Warranties
Each party hereto represents and warrants that it is authorized to enter into this
Agreement and that such party, in executing this Agreement, has the authority to
bind such party or the party which it represents, as the case may be.
Headings
All headings 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 provisions hereof.
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5.18 Advice of Counsel
The parties warrant that they have read this Agreement and understand it, are fully
aware of their respective rights, have had the opportunity, for the advice and
assistance of an attorney throughout the negotiation of this Agreement, and enter into
this Agreement freely, voluntarily and without any duress, undue influence, coercion
or promise of benefit, except as expressly set forth herein.
5.19 Entire Agreement
This Agreement represents the entire understanding between CONTRACTOR and
OWNER with respect to the subject matter herein and supersedes all prior
negotiations, representations, and/or contracts, either oral or written, respective
thereto.
IN WITNESS WHEREOF, the parties hereto set their hand on the dates below written:
OWNER:
CITY OF CARMEL, INDIANA
by and through its board of Public Works and
Safety~ ~~
BY ~
es Brainard, Mayor
CONTRACTOR:
TROTTER CONSTRUCTION COMPANY
5851 EAST 34th STREET
UINDIANAPOLIS, INDIANA 46205
Printed Name:
JAMES H. TROTTER SR.,
Mary ~ur e, Mem er
Date:
Title: PRESIDRNT
D~e: 7/27/98
Bill~f~faliter, Member
Date: ~o0 -~jT-d~f
A TT :~ C o: drray ,. C;
Dian ,. -
Date:
INC.
PRES.
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5.18 Advice of Counsel
The parties warrant that they have read this Agreement and understand it, are fully
aware of their respective rights, have had the opportunity. for the advice and
assistance of an attorney throughout the negotiation of this Agreement, and enter into
this Agreement freely, voluntarily and without any duress, undue influence, coercion
or promise of benefit, except as expressly set forth herein.
5.19 Entire Agreement
This Agreement represents the entire understanding between CONTRACTOR and
OWNER with respect to the subject matter herein and supersedes all prior
negotiations, representations, and/or contracts, either oral or written, respective
thereto.
IN WITNESS WHEREOF, the parties hereto set their hand on the dates below written:
OWNER:
CITY OF CARMEL, INDIANA
by and through its board of Public Works and
Safety
BY'
~ames Brainard, Mayor
Date:
CONTRACTOR:
GRADY BROTHERS INC-
PO BOX 421519
INDIANAPOLIS, INDIANA 46242
BY:~~~, /tr~.
Printed Name: TOM GR~~t
Mary'Anftur e, Membei
Date:
Title: PRESIDENT
Date: 7/27/98
Diana ~ordray,. CI~-~T~r
Date:
A-7 ~nnT.aoe
PROJECT:
WORK:
DESIGN BY:
OWNER'S REPRESENTATIVE:
APPENDIX A
Pennsylvania Street Improvement
As described by the Project plans and Contract Documents
including, but not limited to:
Construction and reconstruction of Pennsylvania
Street from 103rd Street to 131 ~. Street. Portions of
the project is in place and the rest are on new location
warranting new construction. This project includes
earth work, paving, traffic signals, signage,
maintenance of traffic, and other incidental work as
described more fully by these construction
documents.
Cosmopolitan Consulting Engineers, Inc.
1040 East 86~. Street, Suite 48A
Indianapolis, IN 46240
M. Kate Boyle, PE
City Engineer
City of Carreel
One Civic Square
Cannel, IN 46032
A-8
August 12, 1998
James H. Trotter Sr.
Trotter Construction Co., Inc.
5851 East 341h Street
Indianapolis, Indiana 46205
Thomas M. Grady
Grady Brothers, Inc.
P.O. Box 421519
Indianapolis, Indiana 46242
"Mr. Trotter and Mr. Grady:
On July 22, 1998, the Board of Public Works and Safety approved a contract to do business with
your companies for the Pennsylvania Street Improvements Project. Enclosed is a copy of the
signed agreement.
Please review the enclosed sample invoice. You do not need to use this specific form, but we do
require that you submit all information requested on the sample in a similar layout. This format
replaces any other form previously used by the City and is effective upon approval of your
contract.
Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions.
We look forward to working with you.
Sincerely,
Rebecca L. Martin
Deputy Clerk
ce: file, dept
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
PROJECT COST SHEET
o4/~4/2o0o
Project Name: Pennsylvania St.
Contractor: Trotter Construction
Contract No.: 0722.98.01
Original Contract Award Amount:
$3,457,744,48
CHANGE ORDERS
$3,457,744.48
No. Date
Amount
1 11/24/1999
$495,652.57
Total Project Cost Estimate as of 4113100
$3,953,397.05
City of Camtel ....=..::=.:.....:= Department of Engineering
May 11, 2000
City of Carmel
DEPARTMENT OF ENGINEERING
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
Dear Board Members:
On April 5% 2000 the Board of Public Works and Safety granted me the authority to approve change orders
for certain projects, with a maximum limit of 5% of the project cost. This authority was granted with the
understanding that I would then bring foah these change orders to gain the Boards concurrence of approval
on a monthly basis. With this approval, I was granted the authority to approve change orders up to
$172,887.22 on the Pennsylvania Street Improvements project.
In accordance with the Board' s decision on this matter, I hereby submit Change Order number 2 for the
Peunsylvania Street Improvements project. These changes increase the project cost by $57,628, resulting in a
new total contract price of $4,011,025.39. The majority of this cost is due to additional sanitary sewer work
required to avoid private laterals from being in the City' s public right of way. The remaining changes are due
to minor modifications required due to unforeseen construction difficulties.
Therefore, I ask that the Board concur with my approval of this change order as described above.
Sincerely,
M Kate Weese, P.E.
City Engineer
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
You are directed to make the follo%'in~- chan~es in this Contract: (Brief Description)
' ~ SCHEDULED ADJUSTMENT
11. Tl-~e following referenced Documents fur~her desGibe the changes outlined in Paragaph l, and
m*e to be considered a part of this Change Order: R.F,P-: _ W.D.C. No,: _
Other:.
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price p~ior to this Cban~e Order $~~ 7. D~'
Contract Price will be~decreased by this Change Order $ 5 '7 , to '8.14
New Contract Price including this Chan~e Order $_~ I I , Q2_af_. 3
Contract Time Prior to this Chan~e Order I Da's 11/~_7~ Completion Date
Net increased/decreased resultin_Zh'om thish an e Cird ; ¢_ Days
Current Contract Time includinjthis Change Or~er~/.,t Days ~ Completion Date
This Change Order is for full and final scalemerit of all direct, indirect, impact costs and time
extensions incurred at any time resulting from the peffom~ance of the changed work.
The Above Changes Are
econnnended
ENG12ND!ER
Address
City/State/Zip
Date:_,~c,L 25'> 2,000
The Above Changes ,~-e
AcCepted:
CONTRACTOR
A,~,ddress
Cky/S ~aa/Zip
Date:
April 21,2000
Mrs. Kate Weese, P. E.
City of Carmel
One Civic Square
Carmel, IN 46032
RE:
Pennsylvania Street Improvements
Project # 9%04
Change Order No. 2
Dear Kate:
This Change Order for the above referenced project is necessary to compensate for changes due to
design errors and omissions in reference to the existing draina e at Delta and at the north end of
the Del-Mar property. This Change Order also includes the additional sanitary improvements.
The Delta drainage proposal involv~ lhc del~tion of some quantities of Item# 5, Pipe Removal and
Item# 3 Catch Basin Removal while adding quantities to Item# 57, Inlet E-7 and Item# 60, Adjust
Casting to Grade. There will also be two new items called Itemfi, ! 17, Reset Existing CMP and
Drain for Delta Drainage and Item# 118, 18 IN. HDPE Pipe to be utilized in the work to relieve the
Delta parking lot drainage. For the Del-Mar property drainage work there will be an additional
uantity of Item# 38, 15 inch RCP and a new Item# 119, 18" Metal End Section to extend existing
flrainage under road to west side of Penn. Street.
There will also be a new item, # 116 C-4 Drop Manhole. This new manhole will replace the
Item# 63 Sanitary Manhole, C-4 because the standard C-4 manhole will not work with the existing
pipe elevations that were to be connected to it. Also included in this Change Order is the cost of
the additional sanitary' work for Penn Mark Plaza and Meridian Mark Plaza, which will be
Item# 120.
Please find herein a Change Order item list which includes the new items which were generated
(followed by *) as well as the existing items with the adjusted quantities and total price extEn~Zy?is,.i
You will also find all of the supporting documentation for these changes. These changes es ,
a new contract amount of$4,011,025.39, a net increase of $57,628.34 to the contract.
Please feel free to call me or Trent at 780-i555 should you have any questions or need further
infonnation on this matter.
Sincerely,
CrossRoad Engineers, P.C.
Lance Stahley,
Resident Project Representative
cc: File
ITEM
NO.
3
5
38
57
60
63
116'
117'
118'
119'
120'
DESCRIPTION UNIT
Catch Basin, Remove EA
Pipe, Remove LF
Pipe, RCP, 15 IN. LF
Inlet, E-7 EA
Casting, Adjust To Grade EA
Sanitary Manhole, C-4 EA
Manhole, C-4, Drop EA
Reset Existing CMP for Delta Drainage EA
Pipe, Type 2, Circular, 18 IN. LF
18" Metal End Section EA
Additional Sanitary Improvements LS
* New Item added to Contract
UNIT
QUANTITY PRICE AMOUNT
~6 60.00 (360.00)
-563 11.60 (6,530.80)
32 25.64 820.48
2 793.88 1,587.76
1 235.00 235.00
-1 1,986.52 (1,986.52)
1 3,946.00 3,946.00
4 400.00 1,600.00
320 19.00 6,080.00
I 236.42 236.42
1 52,000.00 52,000.00
TOTAL 57,628.34
CITY OF CARVEEL
TO:
WORK DIRECTIVE CHANGE NO.
DATE: ,7',4~VA-~.~/t'/2 ,~
PROJECT NAME: 5~6R, a5. ,5'~:. IItFiIAS?'~t-TUI~E
PROJECT NO.: fq-,O}l
Specification Reference
Drawing Reference:
DESCRIPTION OF WORK COVERED BY THIS DIRECTIVE CIrLA_NGE:
REASON FOR THIS ORDER:
'7",~,'s. e-~,~t~'
AUTHORIZATI 0N:
THIS WORK DIRECTIVE CHANGE AUTHORIZES THE WORK TO BE COMPLETED AS
OUTLINED. A Contract Change Order in the mmouat of S $t t) ~//t' O0 will be issued to you in
the near future to cover this Work Directlye Change.
PROJECT COMPLETION DATE: ADD/DEDUCTfU.T CHANGEgt} ~Z5 DAYS.
ATTEST:/~-~1, >f~ 2
Diana L. Cordray~a~r
Date:
Approved By:
CITY OF CAPdMEL
BOARD OF PUBLIC
~es Brainaid, Mayor
By:
' Billj:,~'Llker, Member
DATE:
a:xPermT.dcc
Construction, Inc.
5851 E. 34th Street, Indianapolis, Indiana 46218
Phone: (317) 543-0053 Fax: (317) 543-3115
CHANGE ORDER FOR.I~{
From: TroUgr ConsU~clion Company
5851 ~ast 34TH S~et
Indpls. IN 46218
Date:
Job#:
Work Order #:
Item# Description Quantity
~'/ ~,~ e sty./o o /
Unit Price Amount
Work Authorized By:
Supervisor/Superintendent:
Inspector:
Company Official:
TOTAL COST:
Underground Utility Construction · Storm & SanltaW Sewera · Wiltsdines · Cuff & SIdewalk
· * MBE CERTIFIED · EQUAL OPPORTUNITY EMPLOYER '*
Construction, Inc.
5851 F_ 34th Street, Indianapolis, Indiana 46218
Phone: (317) 543-0053 Fax: (317) 543-3115
CHANGE ORDER FORM
From: Tro~cr Consln~tion Company
5851 East 34TH SI~c~
Indpls. IN 46218
Work Order #: C- t~ - ~
To: ~_p~;~iT_c~/~,~
A~.
City\Sf~Zip:
~T~D~sc~Ption
_U_~__~Pricc
Amount
TOTAL COST:
Work Authodzsd By:
Supervisor/Superintendent:
I~spcctor: ~/ )~~
Company Official: ~
Underground Utility ConsmJctlon · Storm & Sanitary Sewers · Waterlines · Curb & Sidewalk
"MBE CERT1RED · EQUAL OPPORTUNITY EMPLOYER"
T0:
CITY OF CARMEL
WORK DIRECTIVE CHANGE NO. Co
DATE: ~v2d 2 ,B 2GOF~
PROJECT NAjxlE: p ~j~j 5V LI/ PrM[ ~
PROJECT N0.: cj q _ 0 q
Specification Reference
Drawing Reference:
DESCKIPTION OF WORK COXrEED BY THIS DIRECTIVE CHANGE:
70/50. 4'L~r ~d~,'l-,'ou,~L..~,q-to/rtt-R,/r,,dO~_~ P'~f (2i~,,~pii E~4r~l~ae~_p_~e,.~~
EASON FOR THIS O~ER:
AUTHO~ZATION:
THIS WO~ DIECTIVE C~NGE AUTH0~ZES THE W0~ T0 BE COMPLETED AS
OUTL~ED. A Contact Ch~ge Order in the inmost of $ 52, ~, ~ will be issued to you in
the ne~ ~e to cover ~s Work Direolive Ch~ge.
PROECT COMPLETION DATE: ~D~EDUCT~ ~ DAYS.
Owner's Repres~
d~ ~o~ '~"'~ ~' E,v,~,,v~,,~s_I 7,{3,
ATTEST:/~CyfT~
· . ' Diana L. Cordra~er
Approved By:
CITY OF CARMEL
BOARD OF PUBLIC
~s Brainard, Mayor
By:
B~-A/m!~' ~;)fLM__ember
Billy~Member
DATE: /5 - / ? - ~,c~
Date:
March 20, 2000
Mr. Jeff Waters
Trotter Construction, Inc.
5851 E. 34th Street
Indianapolis, Indiana 46218
RE: Pennsylvania Street
Sanitary Sewer @ 116th Street
Dear Jeff,
At the request of the City of Carmel, I am writing this letter to you in response to your fee
proposal for the sanitary sewer construction near the intersection of 1 l 6th Street and Pennsylvania
Street for the above referenced project. As you know, this work shall be covered under a change
order for this project. We have discussed this proposal with the City of Carmel and everyone
understands the challenges of this proposed work. However, the City of Carmel has already
appropriated funds for this work based on the Engineer's estimate, which is approximately
$ 45,000. Understanding that this amount may indeed be insufficient, the City of Carmel is
hereby requesting that the work be performed for a lump sum fee of $ 52,000. After consulting
with the Carmel Utility Department and reviewing previous construction costs for similar types
of work. the City of Carmel believes this to be a fair amount. If this amount is not agreeable, the
City of Carmel hereby requests that this work be performed on a Time & Material basis. In this
case, all labor rates, equipment rates, labor hours, equipment hours, material costs, subcontractor
costs, and overhead mark-ups shall be submitted to CrossRoad Engineers fi3r approval.
We understand the urgency of resolving these negotiations and can assure you a prompt Notice to
Proceed should the terms described herein be agreeable. Should you have any questions, please
page me at 541-6980.
Sincerely,
CrossRoad Engineers, P.C.
Trent E. Newport, P.E., L.S.
Project Manager
3417 South Sherman Dr. · Beech Grove, IN 46107 · Tel 317ETBO ,1555 · Fax 317mTBOEESE5
Construction, Inc.
5851 E. 34th Street, Indianapolis, Indiana 46218
Phone: (317) 543-0053 Fax: (317) 543-3115
CHANGE ORDER FORM
From: Trotter Construction Company
5851 East 34TIt Street
Indpls. II'4 46218
Date: 3-15-00
.l'ob#: 97-04
WorkOrder/f: PENNSYLVANIA STREET
SANITARY SEWER
IMPROVEMENTS PER
PAUL I. CRIPE
DRAWINGS 2-29-00
To: LANCE STAHLEY
Ad~: CROSSROADS ENGINEERS
~l~St~ip: PENNSYLVANIA STREET
IMPROVEMENTS
It=m# D~scriution Ouantitv Unit Price Amount
1) Install new 10" PVC Sanitary Sewer across
PPnn~yl. vania Street at Penn Mark Plaza
from M.H. # MC-18 to M.H. #3-PM L
Lump Sum $2S,32S.33
2) Install new 12" PVC Sanitary Sewer
Street at Meridian Mark Plaza from
M.H; #IMM. Lump Sum = $26,474.02
3) Existing M.H. rehabilitation 4
Plaza, 3 each at Meridian Mark Plaza,
Lump Sum =
Work Authorized By:
$G,4G1.63
Supervisor/Superintendent:
Zmp~ctor:
Compan~ Official:
across Pennsylvania
M.H. #MC19-B to
each at Penn Mark
Underground Ullllty Construction Storm & SanimP/Sewers Waterlines · Curb & SIdewalk
"MBE CERTIFIED · EQUAL OPPORTUNITY EMPLOYER"
5851 EL 341h Street. Indlanapoh, Ineiana 4621e Phone: (317) S43-0053 Fix: (317) 5434115
FAX COVER SHEET
5851 F,. ~h. Srre~
IndhnapoSs, ~N, 4~218
!~one~ (317) .S43-~053
Fax: (317) 543-R15
Numb~ o( pages including covet sheet:
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