Milestone Contractors/Engr
Engineering Dept - 2006
Milestone Contractors, L.P.
West Main Street & 4th Avenue SW Roundabout
Appropriation: County Thompson TIF P.O. #0498-06
Contract Not To Exceed $1,915,829.00
iCcm\<adJt Ov.ltp.OIO.l)V
i APPROVED,ASJO
FORM BY;~
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered
into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and
Safety ("City"), and Milestone Contractors, L.P. ("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
County budget appropriation number P.O.0498-06 Thompson TIF 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 Million, Nine Hundred Fifteen Thousand, Eight
Hundred Twenty-Nine and 00/100 Dollars ($1,915,829.00) (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, andlor quotations regarding same as were provided to
Vendor by City and/or submitted by Vendor to and accepted by City pursuant to or as part of that
certain City of Carmel Engineering Department Bid Proposal Package for "W. Main Street & 4th
Avenue SW Roundabout" received by the City of Carmel Board of Public Works and Safety on or
about August 2, 2006, 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.
Bpwcontracts2006/ENGIM ilestone/8/16/06
Engineering Dept - 2006
Milestone Contractors, L.P.
West Main Street & 4th Avenue SW Roundabout
Appropriation: County Thompson TIF P.O. #0498-06
Contract Not To Exceed $1,915,829.00
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:
Ifrequested 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 oftime 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
Bpwcontracts2006IENGlMilestone/8/16/06
Engineering Dept - 2006
Milestone Contractors, L.P.
West Main Street & 4th Avenue SW Roundabout
Appropriation: County Thompson TIF P.O. #0498-06
Contract Not To Exceed $1,915,829.00
City from and against any and all liabilities, claims, demands or expenses (including, but not
limited to, reasonable attorney fees) for injury, death and/or damages to any person or property
arising from or in connection with Vendor's provision of Goods and Services pursuant to or under
this Agreement or Vendor's use of City property. Vendor further agrees to indemnify, defend and
hold harmless City and its officers, officials, agents and employees from all claims and suits of
whatever type, including, but not limited to, all court costs, attorney fees, and other expenses,
caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees,
contractors or subcontractors in the performance of this Agreement. These indemnification
obligations shall survive the termination of this Agreement.
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
Bpwcontracts2006/ENGIM ilestone/8/16/06
Engineering Dept - 2006
Milestone Contractors, L.P.
West Main Street & 4th Avenue SW Roundabout
Appropriation: County Thompson TIF P.O. #0498-06
Contract Not To Exceed $1,915,829.00
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.
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 Citv:
City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Michael T. McBride, P.E.
Douglas C. Haney, City Attorney
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor:
Milestone Contractors, L.P.
ATTN: Brad McCall, Manager of Estimating
5950 South Belmont Avenue/PO Box 421459
Indianapolis, IN 46217/46242-1459
(317)788-6885 phone; (317)788-1098 fax
brad.mccaIl@milestonelp.com
Notwithstanding the above, notice of termination under paragraph 18 herein below 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
Bpwcontracts2006fENGIM i1estone/8/16/06
Engineering Dept - 2006
Milestone Contractors, L.P.
West Main Street & 4th Avenue SW Roundabout
Appropriation: County Thompson TIF P.O. #0498-06
Contract Not To Exceed $1,915,829.00
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.
18.2 Either party hereto may terminate this Agreement at any time upon thirty (30) days prior
notice to the other party. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount of conforming Goods and
Services delivered as of the date of termination, 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,
2006, and shall, on the first day of each January thereafter, automatically renew for a period of one
(I) 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.
Bpwcontracts2006/ENGIM ilestone/8/16/06
Engineering Dept - 2006
Milestone Contractors, L.P.
West Main Street & 4th Avenue SW Roundabout
Appropriation: County Thompson T1F P.O. #0498-06
Contract Not To Exceed $1,915,829.00
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.
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.
REMAINDER OF PAGE INTENTIALL Y LEFT BLANK
Bpwcontracts2006/ENGIMilestone/8/16/06
Engineerin8 Dept- 2006
Milestone Contractors. L.P.
West Main Street & 4th A venuo SW Roundabout
Appropriation: County Thompson TlF P.O. #0498-06
Contract Not To Exceed $1.915,829.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL,INDIANA
by and through its Board of Public
Works and Safety
Mary
Date:
Lori S.
Date:
A'ITEST:
Bpwcontracts2006IENGIMUostonel8/16/06
Milestone Contractors, L.P.
By:
y&Ad_.~~
Authorized Signa~
BRAO MCCALL
Printed Name
MANAGER OF ESTIMATING
Title
FID~: 35-1917625
SSN if Sole Proprietor:
S ' d Date: AUGUST IS, 2006
8 ra M. Johnson,
epuly Clerk Cor
ITEM SPEC. ESTIMATED
NO. REFERENCE DESCRIPTION UNITS UNIT PRICE EXTENSION
QUANTITY
Roadway Iloma (BASE BID)
001 INDOT 105 Construction Engineering 1 LS $14,300.00 $14,300.00
002 TS.3, Field Office, A 6 MOS $3,800.00 $22,800.00
003 TS-20 Clearing Right of Way 1 LS $36,800.00 $36,800.00
004 T5-11 , T5-12 Maintaining Traffic 1 LS $24,500.00 $24,500.00
005 INDOT 11 0 Mobilization and Demobilization 1 LS $51,916.00 $51,916.00
006 INDOT 203 Excavation, Common 2,100 CYS $41.00 $86,100.00
007 INDOT 205 Temporary Ditch Inlel Protection 1 EACH $131.00 $131.00
006 JNDOT 205 Temporary Silt Fence 375 LFT $3.00 $1,125.00
009 INDOT 401 aC/QA-HMA, 2, 70, Surface, 9.5 mm 292 TON $92.00 $26,864.00
0'0 'NOaT 401 aC/QA-HMA, 2. 70, Intermediate, 19.0 mm 4a6 TON $72.00 $34,992.00
all INDOT401 QC/QA-HMA. 2.64, Base, 25.0 mm 1.188 TON $62.00 $73,656.00
012 INOOT 401 QC/QA-HMA, 5, 76. Intermediate, OG19 mm 671 TON $72.00 $48,312.00
0'3 INODT 615 Section Comer Monument 1 EACH $520.00 $520.00
0'4 INDOT604 Curb Ramp, Concrete, A 96 SYS $240.00 $23,520.00
0'5 INODT 604 Curb Ramp, Concrete, G '5 SYS $300.00 $4,500.00
0'6 INOaT 604 Curb Ramp, Concrete, K 26 SYS $200.00 $5,600.00
017 INDOT 604 Sidewalk, Concrete, 4 in. 154 SYS $160.00 $24,640.00
016 INDOT 605 Curb, Concrete 107 LFT $31.00 $3,317.00
019 INDOT605 Curb, Concrete, B 369 LFT $40.00 $14,760.00
020 INDOT605 Curb and Gutter, Concrete, Type II ',716 LFT $21.00 $36,036.00
02' T5-24 Cement Concrete Pavement for Driveways, 61n, 79 SYS $116.00 $9,164.00
022 INDOT 715 Pipe, Circular, 12 in.. Class III RCP 515 LFT $29.00 $14,935.00
023 INDOT715 Pipe, Circular 15 in., Class 111 RCP 229 LFT $32.00 $7,328.00
024 INDOT 715 Pipe, Circular, 18 in" Class III RCP 211 LFT $35.00 $7,385.00
025 INDOT7,5 Pipe. Circular, 24 in., Class III RCP 210 LFT $45.00 $9,450.00
026 INDOT7,5 Pipe, Circular, 30 in.. Claas III RCP 95 LFT $63.00 $5,985.00
PART 3
CONTRACT ITEMS AND UNIT PRICES
BID-4
"EXHIBIT
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PART 3
CONTRACT ITEMS AND UNIT PRICES
ITEM SPEC. ESTIMATED
NO. REFERENCE DESCRIPTION UNITS UNIT PRICE EXTENSION
QUANTITY
027 INDOT715 Pipe, Circular, 48 in., Class 111 RCP 16 LFT $190.00 $3,040.00
026 INDOT 211 Structure Backfill 1,298 CYS $25.00 $32,450.00
029 INDOT 720 Pipe, Catch Basin. 121n. 1 EACH $' ,470.00 $1,470.00
030 INDOT720 Inlet, Jl0 4 EACH $1,880.00 $7,520.00
031 INDOT720 Inlet,M1D 4 EACH $1,880.00 $7,520.00
032 INDOT720 Inlet, Cl0 1 EACH $2,390.00 $2,390.00
033 INDOT720 Manhole. C4 6 EACH $2,' 80.00 $13,080.00
034 INDOT 720 Manhole, J4 1 EACH $3,370.00 $3,370.00
035 INDOT 720 Manhole, E4 1 EACH $7,670.00 $7,670.00
036 INODT 808 Line. Thermoplastic, Yield Line, 8 In. x 24 In. (4' 145 LFT $0.80 $116.00
gap)
037 INDOT 808 Line, Thermoplastic, Solid, White, 4 In. 192 LFT $0.40 $76.80
03B INDOTBOB Line, Thermoplastic, Solid, Yellow, 4 in. 1,192 LFT $0.40 $476.80
039 INDOT 60B Transverse Markings, Thermoplastic, W\lte, 20 EACH $52.00 $1,040.00
Shark-Tooth Yield Markings
040 INDOTBOB Transverse Markings, Thermoplastic, Crosswalk. 231 LFT $1.20 $277.20
Line, lJIhIite, 6 in.
041 INDOTBOB Transverse Mar1<ings, Thermoplastic, Stop Bar, 24 LFT $3.80 $91.20
White, 24 In.
042 INDOTBOB Pavement Message Marking, Thermoplastic, Lane 4 EACH $71.00 $284.00
Indication ArraN
043 INDOT720 Catch Basin, Type K-,O B EACH $1,980.00 $11,880.00
044 INOQT 621 Sodding 293 SYS $14.00 $4,102.00
045 TS-26 Modular Block Retaining wan 190 8FT $115.00 $21,850.00
O4B [NDOTBOI Construction SIgns Type "A" 4 EACH $240.00 $960,00
047 INDOT 801 Construction Signs Type "B" 2 EACH $68.00 $136.00
048 INDOT 801 Standard Barricade. Type III-B 9B LFT $34.00 $3,264.00
049 INDOT 801 Detour Route Marker Assembly 25 EACH $130.00 $3,250.00
050 INOOT 801 Road Closure Sign Assembly 4 EACH $360.00 $1,440.00
051 TS-18 Street Sign Assembly, Ornamental 11 EACH $1,700.00 $18,700.00
052 INOOT 305 Full Depth Pavement Patching 95 TON $75.00 $7,125.00
053 TS-34 Handrail 95 LFT $132.00 $12,540.00
BID-5
"EXHIBIT
r -Ul 1
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ITEM SPEC. ESTIMATED
NO. REFERENCE DESCRIPTION UNITS UNIT PRICE EXTENSION
QUANTITY
054 INDOT 720 Adjust Casting to Grade 3 EACH $870.00 $2,610.00
055 INOOT7'5 Pipe, Type 4. Underdraln, 6" 1,156 LFT $3.50 $6,146.00
056 INDOT 718 Aggregate for Underdrain 146 CYS $38.00 $5,548.00
057 INOOT718 Geotextile for Underdraln 1,905 SYS $2.00 $3,810.00
056 TS-32 Subgrade Treatment, Undistributed 200 CYS $75.00 $15,000.00
059 TS-41 Conduit Duct Bank, 6 in. 450 LFT $90.00 $40,500.00
060 TS-42 Road Pavers, Concrete 1.701 SFT $21.00 $35.721.00
061 Item Moved '0 Item 414 (AIt Bid No.4) --- -- X - ---- - ---
-- - -
062 Item Delated >< X - -- -- ---
-
062A Plan Sht.E1DO 1" Conduit for Streef$cape under Roadway 570 LFT $21.00 $11,970.00
0628 Plan Sht.E100 1.25" Conduit for Sfreetscape under Roadway 835 LFT $26.00 $21,710.00
062C Plan Sht.E10D 2" Conduit for Streetscape under Roadway 120 LFT $31.00 $3,720.00
063 TS-20 Tree and Stump Removal 1 LS $6.380.00 $6,380.00
064 7'5-41 Dual Conduit Duct 850 LFT $57.00 $48,450.00
065 02315 Strucural 5011 320 CYS $95.00 $30.400.00
8112x11 LS $11,250.00 $11,250.00
066 Drain and RlsorNent Pipes 1
Detail
067 TS-46 Residential Sevlce Line Reconnect/ons 9 EACH $1,900.00 $17,100.00
069 TS-46 Residential Meter Pit Re/ocatlon 3 EACH $2,250.00 $6,750.00
069 TS-46 12" Pipe. Ductile Iron, Installed 850 LFT $63.00 $53,550.00
070 TS-46 8- Pipe, Ductile Iron, Installed 170 LFT $60.00 $10,200.00
071 TS-46 6- Pipe, Ductile Iron, Installed 40 LFT $92.00 $3.680.00
072 TS-46 12- Connection 3 EACH $9,590.00 $28,770.00
073 TS-46 Hydrant, Installed 2 EACH $5,700.00 $11,400.00
074 TS-46 8- Connection 3 EACH $7.400.00 $22,200.00
075 TS-46 Hydrant Removal I Cap Tee 2 EACH $2,140.00 $4,280.00
SUBTOTAL BASE BID $1,155.900.00
PART 3
CONTRACT ITEMS AND UNIT PRICES
BID.6
"EXHIBIT
A )(~
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PART 3
CONTRACT ITEMS AND UNIT PRICES
SPEC.
REFERENCE
DESCRIPTION
ESTIMATED
QUANTITY
UNIT PRICE
EXTENSION
Gateway Sign & Structure (ALTERNATE BID NO.1)
101 I T$-37 I Overhead Gateway Sign & Structure I 1 I LS $184,000.00 I $184,000.00
SUBTOTAL ALTERNATE BID NO.1 $184,000.00
Replacement Lumlnalre8 (AL TERNA TE BID NO.2)
201 I TS-40 !RePlacement Luminaires I 60 I EACH $1,010.00 I $80,800.00
SUBTOTAL ALTERNATE BID NO.2 $80,800.00
Flbe' OpUc Line (AL TERNA TE BID NO.3)
301 Plan Shl Et01 Fiber Optic Une, Groundw/re and 1.25" $30.00 $30,000.00
Conduit to Manhole 1,000 LFT
302 Plan $ht E101 Fiber Optic Line from Manhole to Communications $12.00 $12,000.00
1,000 LFT
Building
303 Plan Sht E100 Security Camera. AnclllarylPerpheral 1 EACH $8,500.00 $8,500.00
Equipment, Furnish & Install
304 Plan Sht E100 Controller Cabinet 1 EACH $6,300.00 $6,300.00
305 Plan Sht E100 Underground $evlce / Pole to Cabinet 110 LFT $56.00 $6,160.00
306 Plan Sht E100 3/4" PVC Conduit. 2 ",0 Conductors and #12G 80 LFT $18.00 $1,440.00
Groundwlre
307 Plan Sht E100 Connection to existing Streetlight 1 EACH $1,900.00 $1,900.00
308 Plan Sht E100 WP Junction Bolt for Security Ught 1 EACH $730.00 $730.00
309 Plan Sht EfOO 'P-f' Pole and Base for Security c.meral 1 EACH $6,320.00 $6,320.00
310 Plan Sht E100 f. ConduIt. 2 #8 Conductors and tl10G SIlO LFT $20.00 $11,200.00
Groundwire
. EACH $630.00 $630.00
311 Plan Sht E100 WP JunctIon Bolt for SecurIty Camera Power 1
312 Plan Sht E100 WP Junction Bolt for Security Camera Fiber 1 EACH $630.00 $630.00
SUBTOTAL ALTERNATE BID NO.3 $85,810.00
Streetscap8 ttems (AL TERNA TE BID NO.4)
401 TS-42 Sidewalk Pavers, Concrete 4731 SFT $15.00 $70,965.00
402 TS-42 Steel Paver Edging 540 LFT $22.00 $11,880.00
403 TS-36 Tree, Skyline Honeylocust, 2.5- Cal. 10 EACH $520.00 $5,200.00
(Gled/ts/at, 'Skyllne1
404 TS-36 Green Velvet Boxwood 154 EACH $130.00 $20,020.00
405 TS-36 Owaf Fountain Grass, 2 Gal. 7 EACH $58.00 $406.00
406 TS-36 Black-eyed Susan.1 Gal. 17 EACH $26.00 $442.00
BID-7
"EXH\BlT J-4 (~
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PART 3
CONTRACT ITEMS AND UNIT PRICES
ITEM SPEC. DESCRIPTION ESTIMATED
UNITS UNIT PRICE EXTENSION
NO. REFERENCE QUANTITY
407 TS-36 SteUa D'oro Dayhly, 1 Gal. 162 EACH $24.00 $3,888.00
406 TS-36 Dutch Master 08"ofll, 1 Gal. 162 EACH $26.00 $4,212.00
409 TS-3B Purple VII1ntercreeper, 1 Gal. 1.444 EACH $22.00 $31,766.00
410 TS-36 Omamental Ught Pole. Foundation & Luminaire 30 EACH $7,600.00 $228,000.00
411 Item Deleted -- -.....- >< - --
-- -- - - -
412 TS-39 Tree Grate, Pit and Receptacle 10 EACH $530.00 $5,300.00
413 Plan Sht EIOO Conduit forTree Grates 50 LFT $18.00 $900.00
414 TS-43 Landscape Edging, Steel 379 SQFT $22.00 $8,338.00
415 Plan Sht EIOO Conduit for Streetscape (Undistributed) 1,000 LFT $18.00 $18,000.00
SUBTOTAL ALTERNATE BID NO.4 $409,319.00
SUBTOTAL BASE BID $1,155,900.00
SUBTOTAL ALTERNATE BID NO.1 $184,000.00
SUBTOTAL ALTERNATE BID NO.2 $80,800.00
SUBTOTAL ALTERNATE BID NO.3 $85,810.00
SUBTOTALAL TERNATE BID NO.4 $409,319.00
"EXHIBIT
A- 5b
"
BID-7A
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 Hourly Rate/ Total
Item Hours Worked
GRAND TOTAL
Signature
Printed Name
"EXHIBIT
"
EXIDBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Statutory Limits
Employer's Liability:
Bodily Injury by Acciden1JDisease:
Bodily Injury by Accident/Disease:
Bodily Injury by Acciden1JDisease:
$100,000 each employee
$250,000 each accident
$500,000 policy limit
Property damage, contractualliabiliiy,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
$500,000
$500,000
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto liabiliiy (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy limit:
$500,000 each accident
$500,000 each accident
$500,000 .
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000
$ 10,000
Engineering Dept - 2006
Milestone Contractors, L.P.
West Main Street & 4th Avenue SW Roundabout
Appropriation: County Thompson TIF P.O. #0498-06
Contract Not To Exceed $1,915,829.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
Milestone Contractors, L.P.
By:
~dd?4k~
Authorized Signature
By:
James Brainard, Presiding Officer
Date: ;;,
BRAD MCCALL
Printed Name
Mary Ann Burke, Member
Date:
MANAGER DF ESTIMATING
Title
FID/TIN: 35-1917625
Lori S. Watson, Member
Date:
SSN if Sole Proprietor:
ATTEST:
Date: AUGUST 15, 2006
Diana Cordray, IAMC, Clerk-Treasurer
Date:
Bpwcontracts2006/ENGlI"vlilestone/8/16/06
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 D~ DATE (MMlDOIVVYV)
ASPIIA19 08/15/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Tobias Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
9247 N. Meridian st. ste. 300 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Indianapolis IN 46260
Phone: 317-844-7759 Fax: 317-S44-9910 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A"
'h'1.olon Irop el. eo of ~2:1
INSURER B: lurtch b.:r1can I:nI. coapany
Milestone contractors, L.P. INSlRERC: ..t1onal VDton ..in I:nI Co I. 19445
P. ~. Box 421459 INSURER 0: .II'O.t ..tional IIuIur~ co. 10120
Ind anapolis IN 46242
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSlREO rw.ED ABOVE FOR THE POLICY PERIOO INDlCAlED. JIK)1WlTHSTJlK)ING
IWY REQUIREMENT, TERM OR CCNDITION OF NiY CONTRACT OR OTHER DOCl.MENT WITH RESPECT TO VVHID-l THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE IN$t..RPNCE .AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI-E TERMS, EXClUSIONS IWJ CON:lITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAJMS
~~ TYPE OF INSURANCE POLICY NUMBER DATE (MMIOb~ DATE IMMID~ LIMITS
GENERAL LIABILITY EACH OCCLmENCE 11,000,000
-=-
A X ...!.. ~RC1Al~Ll.6BILlT'l' GC2JaLSA922J8984TIl 06/01/06 06/01/07 PREMISES fa OCClJ'8l"lCtl\ 1100,000
_ CLAIMS WOE ~ OCCl.R MED EXP (Any one p9l'ion] 15,000
X proj Aqg: Applies PERSONAl & ADV IN..l..RY 11,000,000
per project. GEt'ERALAGGREGATE 110,000,000
GEN'l. AGGREGATE LIMIT .APPLIES PER: PROOOCTS. cotvFlOP AGG 12,000,000
Xl PQ1CY - n ~RST - n lOC pro1 Aaa 2,000,000
~MOBIL.E L.IABILITY COMBINED SINGLE LIMIT 11,000,000
A X 1L /l4>4Y ALn"O GC2JCAP922J8996TIL 06/01/06 06/01/07 (Eaaccidert)
PU OWNED AUTOS BODILYI~Y
- I
SOiEOlA.ED AUTOS (PorpeftlOl'l)
-
.!.. HIRED AUTOS 80DIL Y INJURY
I
~ NON-OWNED AUTOS (Perl!lCcidonll
X MeS-90 PROPERTY DAMAGE I
(Pereccidenl)
==rOE LIABILITY AUTO ONLY - EA ACCIDENT I
MVAlJfO OTHER 1l-W\I EANX I
AUTO QNI.. Y AGE I
EXCESSlUMBRELLA UABJUTY EACH OCCLRRENCE 110,000,000
C ~ OCCUR D CLAIMS MADE BI!:4485436 06/01/06 06/01/07 AGGREGATE 110,000,000
I
~ ~=TIBLE I
RETENT1C4'l I I
WORKERS COMPENSATION AND X h""YLlMITS I IOr.1
B EMPLOYERS' LIABILITY WC929S86306 08/01/06 OS/01/07 E.L. EACH ACCIC€NT 11,000,000
N-lY PROPRIETORIPAATNERlEXECurlVE
OFFICERJMEMBER EXCLUDED? E.L. DISEASE. EA at='lOYEE 11,000,000
~8'O,d&sCribeUnd9r E.L. DISEASE - POLICY LIMIT 11,000,000
CIAl. PROVISIONS below
OTHER
D I!:xcess Auto Liab 71G6000304061 06/01/06 06/01/07 Excess $2,000,000
Auto Liab CSL
DeSCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES/ EXCLUSIONS ADDeD BY ENDORSEMENT I SPECIAL PROVlSKlNS
The certificate holder is an additional insured on the designated policies
but only with regard to the operations of, or services provided. by, the
named insured and only if required in a written contract. Ile: Project
05-02, 4th Avenue SW and Main street Roundabout
CMMI!:L1
CANCELLATION
SHOULD IN'( OF nE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 'floIE EXPIRATION
DATE THEREOF, Tl-IE ISSUING INSURER WlL.L ENDEAVOR TO MAIL 30 CAYS WFtIT1EN
NOncE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL.
IMPOSE NO OBLlGATlON OR. LIABILITY OF IHf KINO UPON THE INSURER, ITS AGENTS OR
CERTIFICATE HOLDER
city of carmel
ODe Civic Square
Carmel IN 46032
CORD CORPORATION 1988
ACORD 25(2001108)
, PAYMENTBOND ' ,
City of Carmel
BOND Np. 104780791
Instructians:
SuccessfUl Bidder mwlt we this farm or ather form conialntng the same 'material, ca7lL1itions and
p~isiOns tJ.I approved In advance Iry OWNER. .' '
Date, of Ba7lL1'must not be prio.r 'to ,date of CanJract If. CONTRACTOR, Is a Partnership, cd! partners
should execute 'bond. " " , ,
Suretycompany 'executtng this band shall appear on the /lWst currem list of "Sunty Companies,
Accqnable an Federal Bonds, H as specified in the U.S. Treasury Depi:mment Circular 570, as arMnded,
and be aut~orized to. transtu:t business In the State af 17IL1ianiI..' , ,
'KNOW ALL MEN BY THEsE PRESENTS: that
'~'CONTRACTbR":
, MILESTONE CONTRACTORS, L.P.
"Surety":
and,
'[JNaInc] TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
,[Address] 6081 E. 82ND STREET, SUITE 400
INDIANAPOLIS, IN 46250-1795
a cOIporation ' c:bartered
, CONNECT'! CUT'
'Indiana,
, " ** ONE 'MILLION NINE HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED TWENTY NINE AND NO/l00
are held and ,firmly ~oun9 unto the Cityat' Carmel, Indiana hereiliafter called OWNER, In the penal sum
, of. ** ' Dollars, ($ 1/915,829.00 ) in lawful money 'of the
United States. for the payment of which sum well and truly to'be made. plus iDtc:rest at the maximum
legal rate from date of demand and any attorney fees and c:ourt c:osts 'incurred by Obligee to llJlforee this,
insm,ment, we biDlj! ourselves. Buc:c:essors, and ,,"signs. jointly and severally, Jim.!y by these presents.
and existing under the 'laws of the' 'State of,
, and authorized to do busineSs In the StBte ,of " ,
WHEREAS, the CONTRACTOR has entered IntO, a c:enain Agreement with the OWNER, dated as of the
15TH day of AUGUST' . 4~ 2006. by whicl1 CONTRACTOR has agreed to,perform and
furnish certain Work for or in furtherance of construction of public improvements described generally as
Projectlt 05.02 . W. Main Street & 4'" Avenue SW Roundabout
The reconstnJction of W. MaiD Street from 4dl A venue SW to the MonaD Tran, Crossing iDdudlng
1I1e co~struction of a roundabout at theintersectloD of W. MBlD Street and 4'" A venue SW. This
project includes curb' and gutter, storm sewers, the constJ'uctioD of the ,Carmel Arts and Design
District Gateway slgD structure, streets~ape amenities, lighting and landscaping. '
which Agreement, and the "Cqntract Documents" as referred to therein, are hereby incorporated herein
by reference; " .
PM:B-l
NOW, THEREFORE, the conditions of this obligatio~ are su~h that if the CONTRACTOR. shall
promptly make payments of all amoimts due to all Claimants" then this obligation shl\ll be Void;
otherwise to remain in full force and effect. . "Claimant" shall mean any Subcontractor, material supplier
'or other person, finn, or corporation furnishing materials or. equipment for or perloniling labor or
.eJ;Vices in the prosecution of the .work provided for in such Agx:eement, including lubricants, Qll,
gasoline, coal and coke, repairs on machinery, and tools, whether consumed or used in connection'with
tlia construction of such work, and all insurance premiums on sald'work, and for all labor, performed in
such work. '
PROVIDED, FURTHER. illat tJie said Surety, foe value reCeived, h=by stipulates and'agrees:
, '
1. that nO defect or ~gu1arity in the contract Or in the PIoceedings preliminll11' to the letti~g of the
Agreement Wil.I operate to release or discharge Surety;' . . ' .
. .
2. that no change, omission, extension of time, alteration or addition to the tenns of the Agreement,
Contract Documents or to any.W ork to be furnished thereunder, an!! no delay by 'the OWNER in
enforcement of the Agreement or this bond shall in' any way affect its obligation on this bond, ,
and it does hereby waive notice of any such change, extension of time, alterntion or addition to
the'terms of the Agreement; Contract Documents or to the Work; ,
3. that nO final settlement between the OWNER and the CONTRACI'OR shall abridge any right of ,
.the OWNER hereunder 8S to any claim thilt maY,~main misa~sfied; ~d
" ,
, ,
4. that this Payment Bond and Surety shall not be released until one(i) year after the OWNER's
finalseltlement with the CONTRACTOR.' .
IN WITNESS WHEREOF, this instrument' is executed 'in 1
which shall be deemed an original, this the .12.!!!. day of AUGUST
(number) counterparts, eac;h one ~f
, .'9.~ 2006 .
CONTRA('~ (name] M'IUSTONE CONTRACTORS,
By; , ~AI /f6 r:. tJ;J , ,
[.ignature ]
ATTEST:
L.P. BY CONTRACcORS UNITEO;
!:SHAD MCCALL
MANAGER OF ESTIMATiNG
, [printed name]
INC. - GEN~RAL PARcNER
Secretary
ERS CASUALTY AND SURETY COMPANY OF AMERICA
( .
Anorney-in-fact
'NICK J. RUTIGLIANO
[printed name]
6081 E. 82ND, STREET, SUITE 400
[address]
INDIANAPOLIS, IN 46250,1795
PMB-2
2
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY
corpomtions duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford:
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Nick J. Rutigliano, Robert M. Rutigliano, Timothy J. Taylor, of Indianapolis, Indiana,
their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any
place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all
consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly
authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby
mtified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice Presideot, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may
appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or
her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said
officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that
each such delegation is in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or
conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any
Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant
Treasurer, the Corpomte Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or
Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation
of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority
of the following Standing Resolution voted by the Boards of Directors ofTRA VELERS CASUALTY AND SURETY COMPANY
OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed
by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant
Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in
the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
(05-04) Unlimited
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 15th day of September, 2004.
STATE OF CONNECTICUT
) SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
/~~-~-~c
-
By
George W. Thompson
Senior Vice President
On this 15th day of September, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that helshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that helshe knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seais; and that helshe executed the said instrument on behaif of the corporations by
authority of hislher office under the Standing Resolutions thereof.
~~ c. ~
My commission expires June 30, 2006 Notary Pubiic
Marie C. Tetreault
CERTIFiCATE
i, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the Slate of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of AlIorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this
,20
day of
.......,,,.
O~
~-2V
.~
(05-04) Unlimited
BY~~
Peter Schwartz
Senior Vice President
.PERFORMANCEBO~
Clt" of Carmel :
BOND NO. 104780791
InstrUCtions:
Successful Bidder must use this form or orher form conllllning. the same .mat~rial conditions and
provi.!ltms as apprtnled 111 advance by OWNER.
. ,
Date ,of Bond =1 nor be prior M date of COnl1'act If. CONTRACTOR is a Partnership, all pzu1neT'3
should execure. bond. .
SuretY, comparry 'executing this. bond shall appear on the most Current list' pi .Surery Companies
Ai:ceplable on Federal Bonds," as specified in the U.S. Treasu.'Y Depimmenl Circular 570. as amelliUd..
and be authorked to transacr business in the $rare of I;,diana. .. ' ,
. KNOW All. MEN BY THESE PRESENTS; that
~ONTRAcrOR":
MILESTONE CONTRACTORS, l.P..
"Surety";
[Name J
and
TRAVELERS CASUALTY ANO SURETY COMPANY OF .AMERICA
[Address] 6081 E. 82ND STREET, SUITE 400
INDIANAPOLIS, IN 46250-1795
a corporation chartered and existing under the Jaws of the .State of
. CONNECT! CUT. . and authorized. to do b\l$ineSs in the Stale .of
Indiana, ,
.. . ** ONE MilLION NINE HUNORED FIFTEEN THOusANO EIGHT HUNDRED TWENTY NINE AND NO/100
are held andfi~y bound u.ril9 the City 0{ Cannel, Indiana hereinafter called OWNER, in the penal sum
. of . . ** . .. .Dollars, ($1.915.829.00 ) in laWful money of the
United States, for the payment of which sum well and trUly '10 be made, togeiher with interest at the
maximum legal rate from date of demand and any attorney f~es and' court costs incUJTCd by Obligee to.
. enforce this instiumenl, w,e bind ourselves, successors, and assigns. jointly and sevCtll!ly, finn1y by these
presenlS. .
WHEREAS, the CONTRAcrOR has entered into a certain Agreement with the OWNER. dated as.of the
15TH day of AUGUST . ,~ 2006, by whicll CONTRAcrOR has agreed to perform and
furnish certain Work for or in furtherance of constrUction of public improvements descri~d generally as
Project. # 05-02 - W. Main S.treet & 4TH .A venue SW Roundabout
The reconstruction of W. Main Street from 4th A Venue SW 10 the Monon Trail' Crossing Including
the construction or a roundabout at the intersection or W, Main Street and 4110 A venue SW. This
project includes curb and gutter, storm sewers, the constructlon of the .Cannel Arts and Design
District Gateway sign structure, SITeetscape amenities, lighting and landscaping.
whicb Agreement, and the "Cqnrracl Documents" as referred to therein, are hereby incorporated herein
by reference; .
PFB-l
NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACI'OR shall, well.
lIU!y and faithfully peIfonn his duties. all the' uodertalPngs, 'covenants, tenns lII1d conditi~ns of said
Agreement whether during the original term thereof,.and any extensions thereof which may be granted by
the OWNER, with or withollt notice to the SuretY and during any period of 8UJ11'11DtY, or wam.nty
provided therein 'or arising thereunder, .'and if CONTRACI'OR shall satisfy all claims and delIllll!ds
incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs
and damages which he may suffer by reason of failure to do so, and shall reimbuxse,and "'pay the
OWNER all outlay and expense which the OWNER may incur in making good any default, then this
obligation shall be void; otherwise to remain in fu,ll force and effect.
c
PROVIDED, FURTHER. that the said SuretY. for value received, hereby s~pulates and agrees: '
1.
that no defect or irreglllarity in the Contract or in the proceedings preliminary to the Jetting of the
Contract will operate to release or discharge Sl!rety; ,
2.
, '
that no change, omission. extension of time, alteration or' addition to the ~ of lIie AgreelIlent,
Contract Documents or to any WorIc to be furnished thereunder, and no deiay bY the OWNER in
enforcement, of the Agreement or this bond shall in any way affect its obligation on this bond,
lIDd it does her<:by waive notice of any such change. extension of time.'a1teratiqn or addition tll
the t~ of the Agreement, Contract Docu~nlS or to the Work: '
that no final settlement between the OWNER and'the CONTRACroR shall abridge any right of '
the OWNER hereunder as to' any claim that ,insy remain unsatisfied: and , '
3.
that this perfonnance Bond and Surety shall not be released until pne (1) year after the OWNER's final
settlement with the CONl'RAcrOR. '
IN wm~s WHEREOF, this instrument is executed in 1
which shall be deemed an original,this' the ~ day of AUGUST
, (number) countaparts, each one of
,xw: 2006.' ,
CON'i"RA.&R: [name] MILESTONE CONTRACTORS,
By:' "Ad 2ff;. 0t?~
, ,[signature) , , ' '
ATTEST:
L.P. BY CONTRACTORS UNITED,
BRAO MCCALL
MANAGER OF ESTIMATING
[printed name]
INC. - GENERAL PARTNER
"
secretary
TRAVELERS CASUALTY AND SURETY COMPANY OF AllER I'CA
Attorney-in-fact
gnillure]
NICK J. RUTIGLIANO
[printed name]
'6081 E. 82ND STREET, SUITE 400
[address]
INOIANAPOLIS, IN 46250-1795
FFB-::!
2
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford:
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Nick J. Rutigliano, Robert M. Rutigliano, Timothy J. Taylor, of Indianapolis, Indiana,
their true and lawful Allorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any
place within the United States, the following instrument(s): by histher sole signature and act, any and all bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all
consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly
authorized officers of the Companies, and all the acts of said Allorney(s)-in-Fact, pursuant to the authority herein given, are hereby
ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may
appoint Allorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or
her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said
officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that
each such delegation is in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or
conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any
Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any AssistaDt
Treasurer, the Corporate Secretary or any Assistant Secretary and duly allested and sealed with the Company's seal by a Secretary or
Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Allorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a wril\en delegation
of authority.
This Power of Allorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority
of the following Standing Resolution voted by the Boards of Directors ofTRA VELERS CASUALTY AND SURETY COMPANY
OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and F ARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed
by facsimile to any power of allorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant
Secretaries or Allorneys-in-Fact for purposes only of executing and allesting bonds and undertakings and other writings obligatory in
the nature thereof, and any such power of allorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
(05-04) Unlimited
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corpomte seals to be hereto affixed this 15th day of September, 2004.
STATE OF CONNECTICUT
I SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
/k~~.;.-~C
-
By
George W. Thompson
Senior Vice President
On this 15th day of September, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corpomtions described in and which executed the above instrument; that he/she knows the seals of said corpomtions; that the seals
affIxed to the said instrument are such corpomte seals; and that he/she executed the said instrument on behalf of the corpomtions by
authority ofhislher office under the Standing Resolutions thereof.
'<Y\~ c. ~
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY aod FARMINGTON CASUALTY COMPANY, stock corpomtions of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and CertifIcate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this
,20
day of
(05-04) Unlimited
BY~~
Peter Schwartz
Seoior Vice President
August 17, 2006
Mr. Brad McCall
MILESTONE CONTRACTORS L.P.
P.O. Box 421459
Indianapolis IN 46242
RE: Agreement for Purchase of Goods and Services
City of Carmel, Engineering Department
No. 08.16.06.02
Dear Mr. McCall;
On August 16, 2006, the Board of Public Works and Safety approved the above-referenced
Agreement to do business with your company. Enclosed is a fully exeeuted copy for your
records.
Please review the enclosed sample invoice, Exhibit B of your contract. Although we do not
require you to use this specific form, we do ask that you please submit the information requested
on the sample invoice in a similar layout when submitting an invoice for services rendered. This
format replaces any other form previously used by the City and is effective upon approval of your
contract.
If you have any questions or concerns, please do not hesitate to contact me at 317.571.2628.
Thank you for your attention to the above-referenced matters.
Sincerely,
Sandra Johnson
Deputy Clerk-Treasurer
Enclosures