HomeMy WebLinkAboutMorphey Construction, Inc/Eng/2,627,746/Duke Energy Relocation Plans Phase 1 & 3 – ConstructionMorphey Construction, Inc.
Engineering Department - 2017
Appropriation # 2016 COIT Bond Fund; P.O. #: 100743
Contract Not To Exceed $2,627,746.00
JAS
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
Morphey Construction, Inc., an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 2016 COIT Bond 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. Vendor will not perform any of the Services detailed in Exhibit A prior to obtaining a
written Notice to Proceed from the City. Upon receiving a Notice to Proceed, the Vender shall perform only
those Services specifically detailed in the Notice. If the Vender desires clarification of the scope of any
Notice to Proceed, the Vendor shall obtain such clarification from the City in writing, prior to performing the
service set forth in the Notice to Proceed. Any services performed without the City's prior express written
authorization will not be compensated.
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 Two Million Six Hundred Twenty Seven Thousand Seven Hundred Forty Six
Dollars ($2,627,746.00) (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 thirty-five (35) 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 conformance with the specifications set forth in Exhibit A, are submitted on
an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise
performed and satisfied all the terms and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering
Department Bid Proposal Package for "Duke. Energy Relocation Plans Phase 1 & 3, Project # 17 -ENG -01"
received by the City of Carmel Board of Public Works and Safety on or about September 20, 2017, 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.
IS:VCmlraa \Pro(.Svcs & Goods SvcsEngin a S\2017\Morphey Cuoatr im. Inc. Goods and Services 9.21.17A -921R017 11:59 AMI
Morphey Construction, Inc.
Engineering Department - 2017
Appropriation # 2016 COIT Bond Fund; P.O. #: 100743
Contract Not To Exceed $2,627,746.00
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.
DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
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.
]S. Cm=clslProf.S— & Goads Svcs\Fngin=ing12017\M-phey Consnaaion. Inc. Goods and S—i— 9.21.17.doc:9R12017 11:59 AM]
Morphey Construction, Inc.
Engineering Department - 2017
Appropriation # 2016 COIT Bond Fund; P.O. #: 100743
Contract Not To Exceed $2,627,746.00
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. E -VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E -Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E -Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E -
Verify program cease to exist.
13. 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.
14. 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.
15. 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
]S:VCoatracts\Prof.Svcc & Goods Svcs\Enginxring\2017M/orpbcy Con ction. Inc. Goods and Sa i=9.21A7.doc:921/2017 11:59 AM]
Morphey Construction, Inc.
Engineering Department - 2017
Appropriation # 2016 COIT Bond Fund; P.O. #: 100743
Contract Not To Exceed $2,627,746.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. 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.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
If to Vendor: Morphey Construction, Inc.
1499 N. Sherman Drive
Indianapolis, IN 46201
ATTENTION: Steven P. Milbourne
AND Douglas C. Haney,
Corporation Counsel
Department of Law
One Civic Square
Carmel, Indiana 46032
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
IS:Cm"ctslProf.Svcs & Goad. Svca\Engin«+ing\2017\Morphcy Constractim. Inc. Gooda and Services 9.21.17A-9212017 11:59 AMI
4
Morphey Construction, Inc.
Engineering Department - 2017
Appropriation # 2016 COIT Bond Fund; P.O. #: 100743
Contract Not To Exceed $2,627,746.00
20. 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.
21. 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.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2017 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. 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.
24. 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.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
27. 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.
28. IC 5-16-13.
The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference.
29. 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.
ISdCmtmts\Prut.Svcs & Goods Sves\EnSjmmnng\2017UNorphe5 Consvun— Inc. G..& and ti—i— 9.]1.17.d- 9/21/2017 11:59 AM]
Morphey Construction, Inc.
Engineering Department - 2017
Appropriation # 2016 COIT Bond Fund: P.O. #: 100743
Contract Not To Exceed $2,627,746.00
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
Nv4-
Arries-Braina-rd,
Presiding Officer
Mary'Ann re- MemberDate:
Lori S, Watso ember
Date: ` U
ATTE
,C< a I V�'w4
ristine S. Pauley, Clerk•Treas e+
Date: e /Y//,
6
Morphey Construction, Inc.
By:
Authorized Signa urre
Printed Name
a�? f en�jsr
Title
FIDITIN: 35' Z°y- & Z Z Z
Last Four of SSN if Sole Proprietor
Date: 9 - 2-6-!-�
BID PROPOSAL SUMMARY PAGE
Complete the following information and place as the cover page to
your bid packet. Insert all documents into an envelope with
project name and your company name clearly marked on the
outside. Seal the envelope.
The prices indicated on this sheet shall be read aloud during the
bid opening and shall match the prices indicated in Part 2 of the
Bidders Itemized Proposal and Declarations.
Company:
Project Name:
Project No. 17 -ENG -01
Duke Energy Relocation Plans Phase 1&3
Date Submitted:
�— 7
Base Quote Amount:
Revised 8/30/2017
MiBrr A---
.
/J7
BIDDER'S ITEMIZED PROPOSAL
AND DECLARATIONS
City of Carmel
Instructions To Bidders:
This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall
be fully and accurately filled in and completed and notarized.
Project: DUKE ENER G Y REL 0 CA TION PLA NS PHASE I&3
PROJECT NO. 17 -ENG -01
Proposal For Construction of. The project consists of installing ±2,763 LF of underground
duct for Duke Energy's transmission line from Carmel
Drive to the northwest side of the Carmel Fire Department
Station 41. Also included in the project is the installation of
proposed duct for attachers to the existing Duke Energy
poles. The installation of the proposed ducts shall also
consist of curb and sidewalk removal and replacement,
flowable fill, concrete cap, and HILIA installation for street
patching, and X3847 SYS of 1. S" surface mill and overlay.
The project also includes the installation of ±400 LF of road
construction around the Kawachinagano Japanese Garden
pond and connecting into existing Veterans Way, and the
installation of ±250 LF of parallel parking along the east
side of Veterans Way, located southeast of Carmel City Hall.
The road construction around the Kawachinagano
Japanese Garden and the parallel parking along the east
side of Veterans Way shall include the installation of full
depth asphalt section, concrete curb, sidewalk, and storm
sewer installation including ±3 curb inlets, ±4 manholes,
±104 LF of 12" RCP, ±24 LF 15" RCP, ±23 LF 18" RCP,
and ±279 LF 19".00" Elliptical RCP.
Date: �c� he r cz?l7 , ,;201 7
To: City of Carmel, Indiana, Board of Public Works and Safety
"DCHIBIT
20�q
BID- I
Version 2016-08-31
PART 2
BID PROPOSAL
2.1 Base Bid
The undersigned Bidder proposes to furnish all necessary labor, machinery, tools,
apparatus, materials, equipment, service and other necessary supplies, and to perform and
fulfill all obligations incident thereto in strict accordance with and within the time(s)
provided by the terms and conditions of the Contract Documents for the above described
Work and Project, including any and all addenda thereto, for the Unit Prices applicable to
the Contract Items as stated in Part 3 hereof, which Unit Prices, en multiplied y
e imated unit quantities `.for such Contract Items, total
S� '"� S: Dollars ($ Z, & Z-7 7,V( . The Bidder
acknowledges that evaluation of the lowest Bid shall be based on'such price and further
acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely
for the purpose of Bid evaluation and Contract award, and are not to be construed as exact
or binding. The Bidder further understands that all Work which may result on the Contract
shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER
cannot and do not guarantee the amount or quantity of any item of Work to be performed
or furnished under the Contract.
BID -3
Version 2016-08-31
r
"EXHIBIT
3C'+
INDIANA DEPARTMENT OF TRANSPORTATION PAGE: 1
SCHEDULE OF PAY ITEMS REVISED:
LETTING DATE:9/20/17
CONTRACT ID: PROJECT(S): Duke Relocation
CONTRACTOR: Morphey
+------------------------------------------------------------------------------+
ILINEI ITEM
I
APPROX. I
UNIT PRICE I
BID AMOUNT
NO I DESCRIPTION
I
QUANTITY }
----------------I---------------1
AND UNITS I
DOLLARS I CTS I
DOLLARS ICTS I
+------------------------------------------------------------------------------+
I I
I 11Const Engineering
I
1
I
1.000 I
I I
25,000.00 I
I I
25,000.00
1 1
ILS
I
I I
I
+------------------------------------------------------------------------------+
I I
I 21Mob & Demob
I
1
I
1.000 1
I I
128,900.00 1
I I
128,900.00 1
1 1
ILS
I
I I
I
+------------------------------------------------------------------------------+
I I
I 31office Equipment
I
1
I
3.000 1
I I
1,000.00 1
I I
3,000.00
1 1
IMo
I
I i
I
+------------------------------------------------------------------------------+
I I
1 41Maint of Traffic
I
1
I
1.000 1
I I
165,000.85 1
I I
165,000.85
I I
ILS
+------------------------------------------------------------------------------+
I 51Clearing
1
1.000 1
25,000.00 1
25,000.00 1
1 1
ILS
I
I I
I I
+------------------------------------------------------------------------------+
I I
I 61Excavation, Common
I
1
I
888.000 1
I I
60.00 1
I I
53,280.00
1 1
ICY
+-------------------------------------------------------------------------------
I 71SWQCP Prep & Implementa
1
1.000 1
3,500.00 I
3,500.00 1
1 Ition Level 1
ILS
I
I I
I I
+------------------------------------------------------------------------------+
I I
I 81storm Water Quality Bud
I
1
I
5,000.000
I I
1 1.00 I
I I
5,000.00 i
Iget
IDL
I I I
I
+------------------------------------------------------------------------------+
I I
I 91Subgrade Treatment IV
I
1
1,962.000
I I I
1 39.00 i
I I
76,518.00 1
1 1
ISY
+------------------------------------------------------------------------------+
I 101structural Backfill Typ
1
172.000
1 94.00 I
16,168.00
1 Ie 1
ICY
I I I
I
+------------------------------------------------------------------------------+
I
I I
I 11IRemovable Flw Fill for
I
1
3,180.000
I I I
I 100.00 I
I
318,000.00
I IStreet Cut Repair
ICY
I I i
I
+------------------------------
-------------------------------------------+
"EXHIBIT
A
'
4�9
INDIANA DEPARTMENT OF TRANSPORTATION PAGE: 2
SCHEDULE OF PAY ITEMS REVISED:
LETTING DATE:9/20/17
CONTRACT ID: PROJECT(S): Duke Relocation
CONTRACTOR: Morphey
+-----------------------------
----
------------
----------------
------------ - - - - -+
ILINEI ITEM
I
APPROX.
I UNIT PRICE
I BID AMOUNT 1
NO I DESCRIPTION
I
QUANTITY
}----------------
I ---------------I
i I
I
AND UNITS
I DOLLARS I CTS
I DOLLARS ICTS I
+-----------------------------------
-------------------------
------------------
I I
1 12112" Conc Cap for Street
I
1
1,385.000
I I
1 90.00
I I I
1 124,650.00 1
1 1 Cut REpair
ISY
I I
I I I
+------------------------------------------------------------------------------+
I I
I 131Comp Agg Base #53 Stone
I
1
653.000
I I
1 50.00
I I I
1 32,650.00 1
1 1
I TN
+------------------------------------------------------------------------------+
I 141Asphalt Milling 1.5"
1
3,958.000
1 2.30
1 9,103.40 1
1 1
ISY
+------------------------------------------------------------------------------+
I 151HMA surface Type B 9.5m
1
464.000
1 75.75
1 35,148.00
1 Im
ITN
I I
I I
+------------------------------------------------------------------------------+
I I
I 161HMA Intermediate Type B
I
1
155.000
I I
1 70.25
I I I
1 10,888.75 1
1 1 19 mm
1TN
I I
I I I
+------------------------------------------------------------------------------+
I I
I 171HMA Base Type B 25 mm
I
1
234.000
I I
1 62.50
I I I
1 14,625.00 1
1 1
ITN
+------------------------------------------------------------------------------+
I 18IAsphalt for Tack Coat
1
5.000
1 1.00
I
1 5.00 1
1 1
ITN
+------------------------------------------------------------------------------+
1 191Sidewalk Concrete 4"
1
895.000
1 70.00
1 62,650.00 1
1 1
ISY
+-------------------------------------------------------------------------------
I 201Curb Ramp Concrete
1
104.000
I 250.00
1 26,000.00 1
1 1
ISY
+------------------------------------------------------------------------------i-
I 211Curb & Gutter Concrete
1
1,048.000
1 38.00
1 39,824.00 1
1 (Type II
ILF
I I
I I I
+------------------------------------------------------------------------------+
I 221Curb & Gutter Type III
1
201.000
1 46.00
1 9,246.00 1
1 1
ILF
I I
I I
+------------------------------------
------------------------------------+
"EXHIBIT `
INDIANA DEPARTMENT OF TRANSPORTATION PAGE: 3
SCHEDULE OF PAY ITEMS REVISED:
LETTING DATE:9/20/17
CONTRACT ID: PROJECT(S): Duke Relocation
CONTRACTOR: Morphey
+ - - - --
---------
-------------------
--------- - - - -
-+
ILINEI ITEM
I
APPROX.
I UNIT PRICE I
BID AMOUNT
1
NO I DESCRIPTION
I
QUANTITY
AND UNITS
I DOLLARS I CTS I
DOLLARS ICTS
I
+ -----
------------------------------------------+
I I
1 231Straight Concrete Curb
I
1
68.000
I I I
1 54.00 i
I
3,672.00
I
1
1 1
ILF
I I I
I
+------------------------------------------------------------------------------+
I I
I 241PCCP for Approaches 9"
I
1
99.000
I I I
1 160.00 I
I
15,840.00
I
1
1 1
I SY
+------------------------------------------------------------------------------+
I 251Topsoil (undistributed)
1
467.000
1 80.00 1
37,360.00
1
1 1
ICY
I I I
I
I
+------------------------------------------------------------------------------+
I I
I 261Sodding Nursery
I
1
2,802.000
I I I
1 10.00
I
28,020.00
I
1
1 1
I SY
+------------------------------------------------------------------------------�
1 271Mob & Demob for Sodding
1
2.000
1 150.00 1
300.00
1
1 1
IEA
I I I
I
+------------------------------------------------------------------------------+
I I
281Pipe Type 2 12"
I
1
113.000
I I I
1 80.00 1
I
9,040.00
I
1
1 1
ILF
I I I
I
I
+-------------------------------------------------------------------------------+
I I
I 291Pipe Type 2 15"
I
1
84.000
I I I
1 100.00 1
I
8,400.00
1
1 1
ILF
I I
I
i
+------------------------------------------------------------------------------+
I I
I 301PIpe Type 2 18"
I
1
23.000
I I I
1 120.00 1
I
2,760.00
1
1 1
ILF
I I I
I
+------------------------------------------
-------------
-------+
I I
I 311PIpe Type 2 48"
I
1
56.000
I I I
1 160.00 1
I
8,960.00
1 1
ILF
I I I
I
i
+------------------------------------------------------------------------------+
I I
I 321Pipe Type 2 Elliptical
I
1
272.000
I I I
1 150.00 1
I
40,800.00
1
1 122" x 34"
ILF
I I I
I
+-------------------------------------------------------
----+
I I
I 33112." Pipe End Section Cc
I
1
1.000
I I I
1 1,500.00 1
I
1,500.00
1
1 Increte
IEA
I I I
I
+----------------------------------------------------------------
-------+
EY,f II BIT `
R
6 0 1
INDIANA DEPARTMENT OF TRANSPORTATION PAGE: 4
SCHEDULE OF PAY ITEMS REVISED:
LETTING DATE:9/20/17
CONTRACT ID: PROJECT(S): Duke Relocation
CONTRACTOR: Morphey
+-------------------------------------------------------------
------------ - - - - -+
ILINEI ITEM
I
APPROX. I
UNIT PRICE
I BID AMOUNT I
NO ( DESCRIPTION
I
QUANTITY }----------------
I --------------- I
AND UNITS 1
DOLLARS I CTS
I DOLLARS ICTS I
+------------------------------------------------------------------------------+
I I
1 34148" Pipe End Section Cc
I
1
I
1.000 1
I
2,500.00
I I I
1 2,500.00 1
1 Increte
IEA
I
I
I I I
+------------------------------------------------------------------------------+
I 1
1 35122" x 3411 PIpe End Sect
I
1
I
1.000 1
I
2,000.00
I 1 I
1 2,000.00 1
1 lion Concrete
IEA
I
I
I I I
+------------------------------------------------------------------------------+
I I
I 36IInlet Type J
I
1
I
5.000 1
I
2,700.00
I I I
1 13,500.00 1
1 1
I EA
I
I
I I I
+------------------------------------------------------------------------------+
I I
I 37IInlet Type E
I
1
1.000 1
I I
2,700.00
I I I
1 2,700.00 1
1 1
I EA
I I
I I I
+------------------------------------------------------------------------------+
I I
I 381Manhole Type C
I
1
3.000
I I
1 2,700.00
I I I
1 8,100.00 1
1 1
IEA
I I
I I I
+------------------------------------------------------------------------------+
I I
I 391Manhole Type J
I
1
2.000
I I
1 4,200.00
I I I
1 8,400.00 1
1 1
I EA
I I
I I I
+------------------------------------------------------------------------------+
I I
I 401Manhole Type L
I
1
2.000
I I
1 12,000.00
I I I
1 24,000.00 1
1 1
I EA
I I
I i I
+------------------------------------------------------------------------------+
I I
I 41IAdjust Casting to Grade
I
1
1.000
I I
1 4,000.00
I I I
1 4,000.00 1
1 1
IEA
i I
I I I
+------------------------------------------------------------------------------+
I I
1 4216' Concrete Lined Chann
I
1
50.000
I I
1 150.00
I I I
1 7,500.00
1 lel
ILF
I I
I I
+------------------------------------------------------------------------+
I I
I 431Sign Post Square Type 1
I
1
40.000
I I
1 27.00
I I
1 1,080.00
1 1 Reinf. Anchor Ba
ILF
I I
I I l
+------------------------------------------------------------------------------+
I i
I 441Relocate Existing Sign
I
1
3.000
I I
1 400.00
I I
1 1,200.00 i
1 1
IEA
I I
I I
+------------------------------------------------------------------------------+
A - -
"EXHIBIT �`q'
7 o- I
INDIANA DEPARTMENT OF TRANSPORTATION PAGE: 5
SCHEDULE OF PAY ITEMS REVISED:
LETTING DATE:9/20/17
CONTRACT ID: PROJECT(S): Duke Relocation
CONTRACTOR: Morphey
+-----------------------------
----
-------------
-----------------
---------- - - - - -+
ILINEI ITEM
1
APPROX. 1
UNIT PRICE I
BID AMOUNT 1
1 NO I DESCRIPTION
I
QUANTITY }
----------------I---------------1
AND UNITS 1
DOLLARS I CTS I
DOLLARS ICTS I
+-----------------------------------------------------------------------+
I I
I 451Sign Sheet w/ Legend 0.
I
1
I
41.000 1
I I
26.00 1
I I
1,066.00 1
1 108"
ISF
I
I I
I I
+----------------------
-------------------------------------------+
I I
1 461Sig Sheet w/ Legend .1"
I
1
I
18.000 I
I I
27.00 1
I I
486.00 1
1 1
ISF
I
I I
I I
+-------------------------
----------------------------------------------+
I I
I 471Guardrail
I
1
I
193.000 1
I I
75.00 1
I I
14,475.00 1
1 1
ILF
I
I I
I I
+------------------------------------------------------------------------------+
I I
I 481Guardrail End Treatment
I
1
I
2.000 1
I I
4,300.00 1
I I
8,600.00 I
I 1
IEA
I
I I
I I
+------------------------------------------------------------------------------+
I I
491Light Pole Relocation
I
1
I
2.000 1
I I
4,500.00 1
I I
9,000.00 1
I I
IEA
I
I I
I I
+---------------------------------------------
-
-------+
I I
I 501Solar Powered Flashing
I
1
I
2.000 1
I I
12,000.00 1
I I
24,000.00 1
1 (Beacon Assembly
IEA
I
I I
I I
+----------------------------------------------------------------
--------+
I I
I 51ISignal Pedestal Foundat
I
1
I
2.000 1
I I
1,300.00 1
I I
2,600.00
1 lion A
IEA
I
I I
I
+------------------------------------------------------------------------------+
I I
I 521Signal Ple Pedestal 16'
I
1
I
2.000 1
I I
1,000.00 1
I
2,000.00 1
I 1
IEA
I
I I
I
+------------------------------------------------------------------------------+
I I
I 5314'x4'x4' Split Communic
I
1
I
21.000 1
I I
5,000.00 1
I I
105,000.00 1
1 Iations Box
1EA
I
I I
I
+------------------------------------------------------------------------------+
I I
I 541Communication Duct Bank
I
1
I
3,156.000 1
I I
70.00 1
I
220,920.00
I 1
ILF
+-- ----------------------------
----------------------------+
I SSITrans Mrk Thermo STop B
1
38.000 1
12.00 1
456.00 1
1 lar 24"
ILF
I
I
I I
+--------------------------------
----------------------------------+
"EXHIBIT `
INDIANA DEPARTMENT OF TRANSPORTATION PAGE: 6
SCHEDULE OF PAY ITEMS REVISED:
LETTING DATE:9/20/17
CONTRACT ID: PROJECT(S): Duke Relocation
CONTRACTOR: Morphey
+------------------------------------------------------------------------------
ILINEI ITEM
I
APPROX.
I UNIT PRICE
I BID AMOUNT
NO I DESCRIPTION
I
QUANTITY
}----------------I---------------I
AND UNITS
I DOLLARS I CTS
I DOLLARS ICTS I
+------------------------------------------------------------------------------+
I 56ILine Thermo Solid Yello
I
95.000
I 2.00
I 190.00 I
I Iw 4"
ILF
I I
I I I
+------------------------------------------------------------------------------+
I 57ILIne Thermo Solid White
I
72.000
I 2.00
I 144.00
I 14"
ILF
I I
I I
+------------------------------------------------------------------------------+
I 58ILine Thermo Solid White
I
157.000
I 5.00
I 785.00
I 1 611
ILF
I I
I I
+-------------------------------------------------------------------------------
I I
I 59ILane Ind Arrow White Th
I
I
4.000
I I
I 300.00
I I I
I 1,200.00
I Iermo Trans Mark
IEA
I I
I I
+---------------------------------------------------------------------
I 60IDuke Energy Transmissio
1
2,753.000
I 275.00
I 757,075.00
I In Duct
ILF
I I
I I
+------------------------------------------------------------------------------+
I I
I 61IDuke Energy Trans Manho
I
1
1.000
I I
i 40,000.00
I I I
I 40,000.00
I Ile
IEA
I I
I I
+------------------------------------------------------------------------------
I I
I 62IClay Pavers
I
I
341.000
I I
I 40.00
I I I
I 13,640.00 I
I I
ISF
I I
I I I
+------------------------------------------------------------------------------+
I I
I 63IPCCP Class A Conc for C
I
I
38.000
I I
I 240.00
I I I
I 9,120.00
I Ilay Paver Base
ISY
I I
I I
+------------------------------------------------------------------------------+
I I
I 64IConcrete Edge REstarint
I
I
4.000
I I
I 300.00
I I I
I 1,200.00
I I for Clay Pavers
ISY
I I
I I
+------------------------------------------------------------------------------+
I I
I I I
I I
+--------------------------------------
-----------------------------------+
I
I I I
I I
I I
I TOTAL
I
12,627,746.00
I
+---------------------------------------
----------------------------------+
I
"EXHIBIT
qw�
EXHIBIT B
Invoice
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
Goods
Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Commercial General Liability:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Each Occurrence Limit:
Statutory Limits
$1,000,000 each employee
$1,000,000 each accident
$1,000,000 policy limit
• 111 111
111 111
$5,000,000
Comprehensive Auto Liability (owned, hired and non -owned)
Bodily Injury and Property Damage: $5,000,000 each occurrende
Umbrella Excess Liability
If a commercial umbrella liability policy is used to satisfy the minimum limits of liability
requirements, the combined limits must equal these minimum limits of liability.
EXHIBIT D
AFFIDAVIT
�T=1 --' f 1- f�)a' RAcL , being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and t all times r�,l�vant ere' haves employed by
o p-Wey o.:.5 _%C • (the "Employer")
in the position of
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E -Verify program and has
provided documentation of such enrollment and participation to the City of Carmel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the 219 day of 7 e" -)XI" , 20 -LI
/ n r
Printed: �T7cf J` ;1l o� rn C
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
Printed: Sri; wskl P . /4- / `'rAe
ity
INDIANA RETAIL TAX EXEMPT Page 1 of 1
CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER of Carmel
FEDERAL EXCISE TAX EXEMPT 100743
ONE CIVIC SQUARE I 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P
CARMEL, INDIANA 46032-2584
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
9/2112017 1 00351732 Project 17 -ENG -01; Contract Date 10.04.17
MORPHEY CONSTRUCTION INC
VENDOR 1499 N SHERMAN DRIVE
INDIANAPOLIS, IN 46201--1515
PURCHASE ID BLANKET CONTRACT
19190
QUANTITY UNIT OF MEASURE
Department: 2200 Fund: 0 COIT Bond Fund
Account: 94-650.04
PAYMENT TERMS
City Engineering's Office
SHIP 1 Civic Square
TO Carmel, IN 46032 -
Kate Lustig
FREIGHT
DESCRIPTION - 1 UNIT PRICE EXTENSION
1 Each Duke Energy Relocation Plans Phase 1 & 3 - Construction
Send Invoice To:
Skip Tennancour
American Structurepoint, Inc.
8425 Wicklow Way
Brownsburg, IN 46112
2016 COIT Bond
DEPARTMENT
2,627,746.00 $2,627,746.00
Sub Total $2,627,746.00
PLEASE INVOICE IN DUPLICATE
ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $2,627,746.00
SHIPPING INSTRUCTIONS A/PVOUCHERCANNOTBEAPPROVEDFORPAYMENTUNLFCC THEPO. NUMBER ISMADEA
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945-
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY -- - — --- --- -- ---- - --- - -- ------ - - - -
Jeremy Kashman James Crider
TITLE Director Administration
CONTROL NO. 100743 CLERK -TREASURER
AINDIANA RETAIL TAX EXEMPT1111'1CERTIFICATE NO. 003120155 002 0
Cit®f CaTM(e
FEDERAL EXCISE TAX EXEMPT
ONE CIVIC SQUARE 35-6000972
CARMEL, INDIANA 46032-2584
iFORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
Page 1 of 1
PURCHASE ORDER NUMBER
100743
THIS NUMBER MUST APPEAR ON INVOICES, AfP
VOUCHER DELIVERY MEMO, PACKING SUPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
9121!2017 00351732 Project 17 -ENG -01; Contract Date 10.04.17
MORPHEY CONSTRUCTION INC
VENDOR 1499 N SHERMAN DRIVE
INDIANAPOLIS, IN 46201--1515
PURCHASEID I BLANKET CONTRACT i PAYMENTTERMS
19190 —T
QUANTITY I UNIT OF MEASURE DESCRIPTION
Department 2200 Fund: 0 COIT Bond Fund
City Engineering's Office
SHIP 1 Civic Square
TO Carmel, IN 46032 -
Kate Lustig
Account: 94-650.04
1 Each Duke Energy Relocation Plans Phase 1 & 3 - Construction
OF GA
i
!li
I FREIGHT
UNIT PRICE I EXTENSION
2,627,746.00 $2,627,746.00
Sub Total $2,627,746.00
Send Invoice To:
Skip Tennancour
American Structurepoint, Inc.
8425 Wicklow Way
Brownsburg, IN 46112 I I&VA
2016 COIT Bond PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT - - -- $2,627,746.00
SHIPPING INSTRUCTIONS'AIPVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
'
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY / - - - -- -- - —
Jeremy Kashman James Crider
TITLE Director Administration
CONTROL NO. 100743 CLERK -TREASURER