TPI Utility Construction/Engr AGREEMENT
City of Carmel, Indiana
THIS AGREEMENT is made and entered into by and between the City of Carmel, Indiana;
acting by.andthrough its. Board of Public Works and Safety "OWNER and TPI utility Construction
"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;
f. Instructions to Bidders;
g. Plans and Drawings;
h. Performance, Payment and Maintenance Bonds;
i. CONTRACTOR'S Itemized Proposal and Declarations; and
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j. All other docunents.:defined as Contact Documents in any of the above listed
documents.
1.2 In resolving conflicts, errors, discrepancies and disputes concerning the nature, character,
scope and /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 Contract Document expressing the greater quantity, quality or scope of.tle
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.
2.0 Contract Price
2.1 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 326, 190.00 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.
2.2 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.
3.0 Contract Time Liquidated Damages
3.1 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.
3.2 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 100% Completion of the Project, including all main
connections with performance testing and such remedial work as may be required by the
OWNER, by the date specified in the Contract Documents.
3.3 Liquidated Damages. Owner and Contractor recognize that time is of the essence of the
Agreement and that Owner will suffer financial loss if the Work is not completed within
the time specified in Paragraph 3.1. They also recognize the delays, expense and
difficulties involved in proving legal or arbitration proceedings the actual loss suffered by
Owner if the Work is not completed on time. Accordingly, instead of requiring any such
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proof, Owner and Contractor agree that as liquidated damages for the delay (but not a
penalty), Contractor shall pay Owner Five Hundred Dollars and No Cents ($500.00).
per day for each calendar day until the work is 100 Complete as specified in Paragraph
3.2.
3.4 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.
4. 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.
5. Miscellaneous Provisions
5.1 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.
5.2 Termination
Except as expressly stated to the contrary herein, 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 2003 (the "General
Conditions as incorporated herein by this reference.
In the event any 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 Carmel, 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
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, aciriinistrators, assigns and legal representatives of such other
party in all respects as to all covenants, agreements and obligations contained and/or
incorporated herein.
5.4 No Third Party Beneficiaries
Nothing contained herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER or CONTRACTOR.
5.5 Relationship
The relationship of the parties hereto shall be as provided for in this Agreement, and
CONTRACTOR, as well as its agents, employees, contractors, subcontractors, outside
sources 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, subcontractors, outside sources and other persons
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.
5.6 Insurance
CONTRACTOR shall maintain such bonds and insurance as are set forth in
Article 5 of the General Conditions.
5.7 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 attorney
fees, arising out of any intentional or negligent act or omission of CONTRACTOR
and/or any of its agents, employees, contractors, subcontractors, outside sources
and/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
In addition to any right of setoff provided by law, all amounts due CONTRACTOR
shall be considered net of indebtedness of CONTRACTOR to OWNER, and
OWNER may deduct any amounts due or to be come due from CONTRACTOR to
OWNER from any sums due or to become due from OWNER to CONTRACTOR
hereunder:
5.9 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.
5.10 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.
5.11 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 postage prepaid, U.S. Certified mail, return receipt requested, addressed to
the parties at the following address:
OWNER: CONTRACTOR:
City of Carmel TPI Utility Construction LLC
Board of Public Works and Safety 478 North 1100 East
One Civic Square Zionsville, IN 46077
Cannel, IN 46032
Attention: John Duffy, Manager
Water and Wastewater Utilities
(with a copy to City Attorney,
Department of Law, same address)
Notwithstanding the above, a Notice To Cease All Work issued under or pursuit to
Paragraph 5.2 hereinabove may be orally given, as long as such notice is thereafter
followed by written notice as provided in this Paragraph 5.11 within five (5) business
days of the date of such oral notice.
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5.12 Governing Law
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 Carmel. 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.
5.13 Waiver
Any delay or partial inaction on the part of OWNER in exercising or pursuing any
right and/or remedy provided hereunder or by law shall not operate to waive any such
rights or remedies.
5.14 Exhibits
All exhibits and/or appendices referenced herein, whether marked "Exhibit
"Appendix or by some other title, shall be considered apart of this Agreement.
5.15 Prior Agreements
This Agreement contains all of the agreements of the parties hereto with respect to
the subject matter hereof, and supersedes all prior negotiations, representations,
and/or contracts, either oral or written, respective thereto.
5.16 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.
5.17 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.
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.
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t
5.19 Entire Agreement
This Agreement, together with any attachments hereto or referenced herein, constitutes
the entire agreement between VVendor 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
5:10 hereof to the extent any term or condition contained m any exhibit attached 10 this
Agreement conflicts with any term or condition contained in this Agreement, the term
or condition contained in this Agreement shall govern and prevail, unless the parties
hereto, or their successors in interest. 'expressly and in writing agree otherwise. This
Agreement may only be modified by written amendment executed by both parties
hereto, or their successors in interest.
IN WITNESS WHEREOF, the parties hereto set their hand on the dates below written:
OWNER: CONTRACTOR:
CITY OF CARMEL, INDIANA
by and through its Board of Public Works and
Safety
BY: BY: sa._ 111LCIP■
times Brainard, Presiding Officer
Date: Printed Name: Brad Rynearson
Title:
member
ary Burke, Member
Date: 5/24/2011
Date: Z
I)
Lon Wa :.n, Member
Date: &I' 1 i l
A ST:
40
i Date:
iana Cordray, i rk- Treasurer
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APPENDIX A
PROJECT: US 31 146 Street Water Main Relocation
WORK: As described by the Project plans and Contract Documents
including, but not limited to:
Water main replacement/relocation in conjunction with
the US31 B 146 Street Roadway Improvements.
Including the installation of approximately 1900 LFT of
HDD-HDPE (12" DRI1) water main, 700 LFT of HDD-
HDPE (20" DR17) carrier pipe, fittings, valves hydrants,
water /nain connections, service line reconnections if
related appurtenances. Close coordination with the
roadway improvement project in the same area will be
required of the Contractor.
DESIGN BY: CrossRoad Engineers, P.C.
David F. Hammons
3417 Sherman Drive
Beech Grove, IN 46107
OWNER'S REPRESENTATIVE: John Duffy, Manager
City of Carmel, Water and Wastewater Utilities
760 3 Avenue SW, Suite 110
Carmel, IN 46032
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PERFORMANCE BOND
City of Carmel
Bond No. 105400420
Instructions:
Successful Bidder must use this form or other form containing the same material conditions and
provisions as approved in advance by OWNER.
Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners
should execute bond.
Surety company executing this bond shall appear on the most current list of "Surety Companies
Acceptable on Federal Bonds, as specified in the US'. Treasury Department Circular 570, as amended,
and be authorized to transact business in the State of Indiana.
KNOW ALL MEN BY THESE PRESENTS: that
"CONTRACTOR
TPI Utility Construction, LLC
and
"Surety [Name] Travelers Casualty and Surety Company of America
[Address] 6081 E. 82nd Street, Ste 400
Indianapolis, IN 46250 -1795
a corporation chartered and existing under the laws of the State of
Connecticut and authorized to do business in the State of
Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called
OWNER, in the penal sum of See Below Dollars,
326,190.00 in lawful money of the United States, for the payment of which sum
well and truly to be made, together with interest at the maximum legal rate from datc of
demand and any attorney fees and court costs incurred by Obligee to enforce this
instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by
these presents.
WHEB,EAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the
day of lin 14/ 20 1/ by which CONTRACTOR has agreed to perform and
fumish certain Work for or in furtherance of construction of public improvements described generally as
US 31 146 Street Water Main Relocation
Water main replacement/relocation in conjunction with the US31 146`" Street Roadway
Improvements. Including the installation of approximately 1900 LFT of HDD-HDPE (1'2"
DR11) water main, 700 LFT of HDD-HDPE (20" DR17) carrier pipe, fittings, valves
hydrants, water main connections, service line reconnections related appurtenances. Close
coordination with the roadway improvement project in the same area will be required of the
Contractor.
Three Hundred Twenty Six Thousand, One Hundred Ninety and 00/100
PFB -1
hich Agreement, and the "Contract Documents" as referred to therein, are hereby incorporated herein by
reference;
NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall well,
truly and faithfully perform his duties, all the undertakings covenants terms and conditions of said
Agreement whether during the original term thereof, and any extensions thereof which may be granted by
the OWNER, with or without notice to the Surety and during any period of guaranty or warranty
provided therein or arising thereunder and if CONTRACTOR shall satisfy all claims and demands
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 reimburse and repay 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 full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees:
1. that no defect or irregularity in the Contract or in the proceedings preliminary to the letting of the
Contract will operate to release or discharge Surety;
2. that no change, omission. extension of time, alteration or addition to the terms of the Agreement,
Contract Documents or to any Work to be furnished thereunder, and 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, alteration or addition to
the terms of the Agreement, Contract Documents or to the Work;
3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of
the OWNER hereunder as to any claim that may remain unsatisfied; and
that this Performance Bond and Surety shall not be released until one (1) year after the OWNER's fmal
settlement with the CONTRACTOR.
IN WITNESS WHEREOF, this instrument isxecuted in 1 (number) counterparts, each one of
which shall be deemed an original this the i I day of AA A 20 1 1
CONT •R: TPI Utility Construction, LLC
By: Z r ad r NeA /Soy✓
[signature] [printed name]
A 1 'ST:
/4V4LC (lr' Sccrctary
[signature]
SURETY 1 [nai Travelers Casualty and Surety Company of America
1* 4 h Attorney -in -fact
[signature]
Liana M. Shelton, Attorney-In-Fact 301 Pennsylvania Parkway, Suite 100
[printed name] [address]
Indianapolis, IN 46280
PFB -2
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 223154 Certificate No. 004013069
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies and that the Companies do hereby make, constitute and appoint
Norma J. Lerch, Liana M. Shelton, Daniel T. Touw, and Jason D. McEldowney
of the City of Indianapolis State of I ndiana their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
22nd
IN WITNESS WHEREOF, the Compaj sJ e ave caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of December ZZUU uu
Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
OM /v J y F10.E 6 y O�0.N.. {NSG INSUg J Y AN O N (1�`Y� L T r• •.9 J a 1441 ,l O CI A Qo 9 tQCO POR 1 4 f ,'t o BrARPoRAT� a A,i g Fn I W e z o 19 •a n j i HAFnFORD, 4s 1951 4' E` J I S E A L o g o cOr+N. ;n 189-•o 6 N6 ti o tS �t BSL D S s� c a o.•.., r City RANG f� 1r........ yt �rlAlf��
fr*4
State of Connecticut By: `.fir
City of Hartford ss. George Thompson, ice President
On this the 22nd day of December 2010 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, :iiavclers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoi.ig instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
i p.TE
In Witness Whereof, I hereunto set my hand and official seal. �,J'
My Commission expires the 30th day of June, 2011. 1
y p y AMMO ttr Marie C. Tetreault, Notary Public
58440 4 09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
PAYMENT BOND
City of Carmel
Bond No. 105400420
Instructions:
Successful Bidder must use this form or other form containing the same material conditions and
provisions as approved in advance by OWNER.
Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners
should execute bond.
Surety company executing this bond shall appear on the MOs! current list of "Surety Companies
Acceptable on Federal Bonds, as specified in the U.S Treasury Department Circular 570, as amended,
and be authorized to transact business in the State of Indiana.
KNOW ALL MEN BY THESE PRESENTS: that
"CONTRACTOR
TPI Utility Construction, LLC
and
"Surety [Name] Travelers Casualty and Surety Company of America
[Address] 6081 E. 82nd Street, Ste 400
Indianapolis, IN 46250 -1795
a corporation chartered and existing under the laws of the State of
Connecticut and authorized to do business in the State of
Indiana,
are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum
of See Below Dollars, 326,190.00 in lawful money of the
United States, for the payment of which sum well and truly to be made, plus interest at the maximum
legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this
instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the
o It day of (II 20 /1 by which CONTRACTOR has agreed to perform and
furnish certain Work fo or in furtherance of construction of public improvements described generally as
US 31 146 Street Water Main Relocation
Water main replacement/relocation in conjunction with the US31 146` Street Roadway
Improvements. Including the installation of approximately 1900 LFT of HDD -HDPE (12"
DR11) water main, 700 LFT of HDD -HDPE (20" DR17J carrier pipe, fittings, valves
hydrants, water main connections, service line reconnections related appurtenances. Close
coordination with the roadway improvement project in the same area will be required of the
Contractor.
Three Hundred Twenty Six Thousand, One Hundred Ninety and 00/100
PMB -1
which Agreement, and the "Contract Documents" as referred to therein, are hereby incorporated herein
by reference;
OW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall promptly
make payments of all amounts due to all Claimants, then this obligation shall be void; otherwise to
remain in full force and effect. "Claimant" shall mean any Subcontractor, material supplier or other
person, firm, or corporation furnishing materials or equipment for or performing labor or services in the
prosecution of the Work provided for in such Agreement, including lubricants, oil, gasoline, coal and
coke, repairs on machinery, and tools, whether consumed or used in connection with the construction of
such work, and all insurance premiums on said work, and for all labor, performed in such work.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees:
1. that no defect or irregularity in the contract or in the proceedings preliminary to the letting of the
Agreement will operate to release or discharge Surety;
2. that no change, omission, extension of time, alteration or addition to thc tcnns of the Agreement,
Contract Documents or to any Work to be furnished thereunder, and 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, alteration or addition to
the terms of thc Agreement, Contract Documents or to the Work;
3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of
the OWNER hereunder as to any claim that may remain unsatisfied; and
4. that this Payment Bond and Surety shall not be released until one (1) year after the OWNER's
final settlement with the CONTRACTOR.
IN WITNESS WHEREOF, this instrument is executed in 1 (number) counterparts, each one of
which shall be deemed an original, this the day of 20
CONTR R: TPI Utility Construction, LLC
By: l3 c�/ve�4i'S�.✓
[signature [printed name]
2;' 1 Secretary
[signature]
SURE 9r• e] Travelers Casualty and Surety Company of America
Attorney -in -fact
signatur-
_Liana M. Shelton, Attorney -In -Fact 301 Pennsylvania Parkway, Suite 100
[printed name] [address]
Indianapolis, IN 46280
PMB -2
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
1
IOW POWER OF ATTORNEY
T RAVELERS J Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 223154 Certificate No. 004013 0 8 7
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies and that the Companies do hereby make, constitute and appoint
Norma J. Lerch, Liana M. Shelton, Daniel T. Touw, and Jason D. McEldowney
of the City of Indianapolis State of Indiana their true and lawful Attorney(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
�y 22nd
IN WITNESS WHEREOF, the Compajjs have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of U f p
December
Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
1•lJll,
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pr f B 1' P e 4 T O 9 y c �P'' 9 t J ,�Va> '+WRY c�( N (0(((yyy, u p 19 82 r 0 2 19 WRPOB t 61rgR 0 m� 1;+ i �.nt I ei‘, j 'NECF a 1 95 l� .SEA o o f I 1886 d a y "{f 6 -4' y ~°��n,ct,- df.. .4 4 a'� o
e
State of Connecticut By:
*A
City of Hartford ss. Georg Thompson, ice President
22nd December 2010
On this the day of before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
i i
crok
In Witness Whereof, l hereunto set my hand and official seal. iR
My Commission expires the 30th day of June, 2011. p lifiIA A.' Marie C. Tetreault, Notary Public
CKP
58440 -4 -09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POST BID, SUBMITTAL
SEE ITB SECTION 6.4
.MANUFACTURERS LIST
Instructions: To Bidders:
The Bidder shall enter, in the spaces provided below, the name of the manufacturer of
equipment that the Bidder proposes to furnish for e ach item of equipment listed in the
"Manufacturers List" which follows. The Bidder shall enter the name of only one
manufacturer for each listed equipment item. Failrn•e to enter a manufacturer's name, for
each listed equipment item may render the Bid non responsive if it is determined that
such omission is material by affording the Bidder a substantial advantage over other
Bidders.
Upon award of a contract, each listed equipment item shall be furnished by the ?lamed
manufacturer, unless changes are specifically authorized. Equipment substitutions will be
perrrritted only with the OT''NER's prior consent.
Preliminary acceptance of equipment listed by the manufacturer's name shall not in any
way constitute a waiver of the Drawing and Specification .requirements covering such
equipment. Acceptance will be based on .full conformity with the Drawings and
Specifications covering the equipment.
Equipment Item (Contract Items) Manufacturer
Hydrants and Valves Meuller Company.
POSTBID -1
POST BID SUBMITTAL
SEE :SECTIONS ITB 63.
SUBCONTRACTORS LIST
Instruct ions.To. Bidder: s:
The. Bidder shall enter the names and the type of work to be done in the Subcontractors
List which follows for each Subconti'actoi' that the Bidder proposes to use for the. Work
who tii ih be providing Iivo,A for an agreed price of five percent (5%) or greater of the
amount Bid as stated above in Part 2.
Only one Subcontractor shall be listed for each work item. Upon award of a contract, the
named Subcontractors .shall be emploped to perform the worlk, unless changes are
specifically authorized by the OWNER. Failure to furnish all information requested may
render the Bid non responsive if it is determined that such omission is material by
affording the Bidder a substantial advantage over other Bidders.
Except as otherwise specifically stated by the Bidder irr this Part, omission of any names
of Subcontractors herein shall constitute an affirmative representation and statement that
the Bidder proposes to use his own work forces for most of the Work such that he will
have no Subcontractors' providing work in the amount of five percent (S or greater of
the amount Bid.
Subcontractor. Name Work Price
N/A
(Use additional sheets if necessary)
POSTBID -2
3/2812011 ADDENDUM 1
PART 3
CONTRACT ITEMS AND UNIT PRICES
ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1 20" DR 17 Casing LFT 1,080 $150.00 $162,000.00
2 .12" HDPE Water Main LFT 1,772 $65.00 $115,180.00
3 12" D.I.P. Water Main LFT 67 $80.00 5 3 6 0.0 0
4 12" Gate Valve EA 1 $1500.00 $1500.00
5 12" Tap Valvc EA 1 $4, 000.00 $4, 000.00
6 10" D.1.P. Water Main LFT 20 $60.00 $1200.00
7 10" Gate Valve EA 2 $1200.00 $2400.00
8 10" Tapping Valve EA 1 $3800.00 $3800.00
9 Abandon Existing Valves EA 4 $1000.00 $4,000.00
10 Curb Replacement LFT 75 $50.00 $3,750.00
11 Final Asphalt Restoration SYS 100 $60.00 6 0 0 0.0 0
12 Maintaining Traffic LS 1 $3,000.00 $3,000.00
13 Mobilization Demobilization LS 1 $3, 000.00 $3,000.00
14 New Hydrant Assembly EA 2 $4,500.00 $9,000.00
15 Remove Return Hydrant Assembly EA 2 $1,000.00 $2,000.00
TOTAL BASE BID AMOUNT $326,190.00
50.00
d
NOTE: All project material shall conform to typical City Of Carmel Water Utility Standards.
3/28/2011 BID -4 ADDENDUM 1