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HomeMy WebLinkAboutAce Paving, LLC/Brookshire/$1,080,000/Asphalt Golf Cart Paths at Brookshire Gold Course DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Ace Paving,LLC Brookshire Golf Course-2021 APPROVED Appropriation#1207 44-635.00 P.O.#105151 By Jon Oberlander at 1256 pm,Apr 13,2021 Contract Not To Exceed$1,080,000.00 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 Ace Paving, LLC, an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT,ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 1207 44-635.00 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 Vendor shall perform only those Services specifically detailed in the Notice. If the Vendor 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 One Million Eighty Thousand Dollars ($1,080,000.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within 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 "Asphalt Golf Cart Paths Brookshire" received by the City of Carmel Board of Public Works and Safety on or about April 7, 2021, 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. DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Ace Paving,LLC Brookshire Golf Course -2021 Appropriation#1207 44-635.00 P.O.#105151 Contract Not To Exceed$1,080,000.00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto.At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10)days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c)fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request,with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees)for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. 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. ]C:1Users\cfi'ugsimiNppllmtaLocal\MiuosoMll'udos\I�'ctCachclCwctOullooA\i621"]C6G'hce PavuiE LLC'Goods mid So vkoo.doc_Jfl'✓2Q21&19 AM] 7 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Ace Paving,LLC Brookshire Golf Course-2021 Appropriation#1207 44-635.00 P.O.#105151 Contract Not To Exceed$1,080,000.00 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 3 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Ace Paving,LLC Brookshire Golf Course -2021 Appropriation#1207 44-635.00 P.O.#1051.51 Contract.Not To Exceed$1,080,000.00 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 AND City of Carmel Brookshire Golf Course Department of Law 12120 Brookshire Pkwy One Civic Square Carmel, Indiana 46033 Carmel, Indiana 46032 If to Vendor: Ace Paving, LLC 16211 Montrose Lane Westfield, Indiana 46074 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. %GseslcllvuipacclUppDatalocallMicuss o&14IudmFstlNetCache\CoutatuJullouk Gb2V7G6Ci Ace Paving LLC.Goods and Sen•ices.don4/12/2021 Sa9 AMl 4 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Ace Paving,LLC Brookshire Golf Course-2021 Appropriation#1207 44-635.00 P.O.4105151 Contract Not To Exceed$1,080,000.00 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, 2021 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. 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. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. [C":\Cis®slclicui@snmWpyDTta'd.ocnl\Min'osnfl\\F"vidmsU'.VeCache\Cooteul.fhtlooA\52V'7G6Gigce Par�g LLC'Goods and Srn ices.Joc:af112U.1 S:IY AMJ 5 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Ace Paving,LLC Brookshire Golf Course-2021 Appropriation#1207 44-635.00 P.O.#105151 Contract Not To Exceed$1,080,000.00 28.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City's request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 29. IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 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. 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 Ace Paving, LLC by and through its Board of Public Works and Safety By: By: DocuSigned by: ames Brainard Presiding Officer Authorized Signature Date: 4/21/2011 DocuSigned by: 14/7Jch/J 9/ Le ryf 6 i/ Ilitzkyli LA& btAt, Printed Name (� 6E37 00068 C4 ary nn urke, Member Date: 4/21/2021 r—DocuSigned by: Title Levi O3 how tr"AES'4W6E434O Member FID/TIN: 3$ a 3 7Z/ 7 DO 1/20 Date: Last Four of SSN if Sole Proprietor: ATTEST: Date: ' °" • ✓2 12 d 2--0 —DocuSigned by sue. (A 'c o won Sue Wolfgang, Clerk Date: 4/21/2021 [C:IU.ter+`cliciu�stonlAppDalaloeallhlictosofllN'udoasUNztC'aeheiCbuietn.OUlfo,l\562V'7GGG�ce Pvo LLC Goods and Sen ices.doc:77171302l S:13 AMJ 6 000uoign Envelope ID: EEe48o27e442-*FnA*657'382B7ooA06Ee Notice roBidders CITY OF CARMEL~ IND0ANA The City of Carmel, 8umnd of Public Works and Safety, will receive sealed bids for the installation of asphalt golf cart paths a/Brookshire Golf Course, at the office wf the City Clerk |n City Hall, One Civic Square, Cunnm), |ndianm4GU32. until 10:00amm, local time, on /4pd| 7,2021. The Bids will be publicly opened and read by the Board of Public Works and Safety at 10:00 . in Council Chambers at City Hall. The Big should be clearly marked ''B|O ENCLOSED Golf Cart Paths - Brookshire" on the outside of the nnvelope, and as otherwise set forth in the Bid Documents. No late bids will be accepted. Scope of Work; Work tobegin before May 1' 2O21 1. New Cart path and Extension of existing 8 feet wide o� Remove existing sod and dirt to a depth of8" below finished elevation and haul excess off site. b. p|uoe. grade and compact G"of#53 stone c LayH.K4.A. 12.5nmm surface, roll toa3''compaction. d. Approximately 190.000 aq, ft *. Price per linear foot pf additions orsubtractions 2� Resurface existing Cart Paths feet wide a, Mill existing asphalt where necessary to a depth of 1^ and haul soil m/site at transition points b� Trim grass and vegetation away from existing edges, o. Clean and prepare existing asphalt surface for new surface installation. d. Apply liquid took to existing surface for adherence of new asphalt surface. e. LayH.K4.A. 9.5mm surface, roll to i^ compaction, i Approximately 60.584 sq. ft. 1 Alternate a, An alternate bid of foot wide paths with all other specs the same, b. Price per linear foot of additions prsubtractions A one-year warranty and or guarantee on all labor and materials will be included. Maps of the proposed site and routing may be examined at Brookshire Golf Course, 12120 Brookshire Parkway, Carmel, |ndiana45Q32. Vrbycontacting Bob Higgins ntoffice 317 249- 2718. Bids must be submitted on the forms found in the Bid package. M must contain the names of every person or company U1Vanaated iherein, and ahuU be accompanied by a Bid Bond in the amount of1O96 of the amount bid with satisfactory corporate surety or by e certified check on a solvent bank in (hoamount of 10Y6 of the Bid, subject to Revised Form 96 conditions provided in the Instructions to Bidders. The successful bidder will be required to furn/5h satisfactory Performance and Payment Bonds in the amount of 100Y6 of the Bid, Any Bid may be withdrawn prior to the scheduled closing time for receipt of Bids, but no bidder nbnU withdraw his Bid within 00 days after the actual opening thereof. The Owner reserves the right to reject and/or cancel any and all Bida, solicitations and/or offers in whole or in pad as specified in the solicitation when it is not in the boot interests of the governmental body eadetermined by the purchasing agency in accordance with |C 36'1'12-4. The Owner also reserves the right to waive irnoQu/ahhos in any Bid, and to accept any Bid which in deemed most favorable to the Owner. ������U��U�7 u~��v xn��n n A (1 of 3) DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 CO pan 16211 ",; Qntrose Lane estfield Project Name: Date Submitted: ease Bid Amour �,© SV c C�c ` Cb Alternate- t Bic A ourt Decbte- nt) ezi6-fea4) A/2 '7 ipA4i)5 Alternate 2 Bid Amount Alta r'nate 3 Bid Amount.; Alternate 4 Bid Amount: Alternate 5 Bid Amount: Alternate 6 Bid Amount. tip"; Rizie c 5 .... es fAcF PCB rs`.5-6 L f T EXHIBIT A (2 of 3) DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 ' , ,1;\ CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 52414(R2 f 2-13) Form 96(Revised 2013) •:,'$4 ,/ Prescribed by State Board of Accounts PART I (To be completed for all bids. Please type or print) Date (month, day, year): April 7, 2021 1. Governmental Unit (Owner): City of Carmel City Clerk 2. County: Hamilton 3. Bidder(Firm): Ace Paving LLC Address: 16211 Montrose Lane City/State/ZIPcode: Westfield, Indiana 46074 4. Telephone Number: 317-710-6878 5. Agent of Bidder (if applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of Installation of Asphalt Golf Cart Paths at Brookshire Goff Course (Governmental Unit)in accordance with plans and specifications prepared by and dated 3/15/2021 for the sum of One Million Eighty Thousand Dollars $ $1,080,000.00 The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis,the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter , directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry Breach of this covenant may be regarded as a material breach of the contract, CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (if applicable) 1, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (LC. 5-16-8-2). I hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded, understand that violations hereunder may result in forfeiture of contractual payments. EXHIBIT A (3 of 3) DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 EXHIBIT B Invoice Date: Name of Company: Address &Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence 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. DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 EXHIBIT D AFFIDAVIT A, iv?! ,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: 1. I am over eighteen(18)years of age and am competent to testify to the facts contained herein. 2. I am now and at all times relevant herein have been employed by A C E PAN,;,79 (the "Employer") in the position of ?"?e'tlieel 61414-e7 —4:46€ • 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 I 2— day of 1:51' , 20 / / Printed; .0-21/4 - 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: 5 C77`Z DocuSign Envelope ID: EE948D27-2442-4FOA-8657-382B7DDA06E9 1 3 . i INDIANA RETAIL TAX EXEMPT Page 1 of 1 c it o ( y 1 r ei CERTIFICATE Na 0031120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 105151 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AR CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO VENDOR NO DESCRIPTION i 41712021 375613 J ] ACE PAVING LLC Brookshire Golf Course VENDOR 16211 MONTROSE LN SHIP 12120 Brookshire Pkwy. TO Carmel, IN 46033- ; WESTFIELD, IN 46074 - Pamela Lister (317)846-7431 PURCHASE ID I BLANKET 1 CONTRACT PAYMENT TERMS , FREIGHT 55374 7 _ J , , QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE ' EXTENSION Department: 1207 Fund: 101 General Fund Account: 44-635.00 1 Each Paving 1,080,000.00 $1,080,000.00 Sub Total $1,080,000.00 Send Invoice Te: ; 7 Brookshire Golf Course Pamela Lister 12120 Brookshire Pkwy. Carmel, IN 46033- (317) 846-7431 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT 1 PROJECT I PROJECT ACCOUNT AMOUNT PAYMENT $1,080,000.00 'NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P 0, NUMBER IS MADE A SHIPPING INSTRUCTIONS 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 COD SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER, PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE *THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194 .7 _,._, /....1_ —,..,— 1.‹.40-41 CZ.Lerve AND ACTS AMENDATORY THEREOE AND SUPPLEMENT THERETO ORDERED BY Bob Higgins James Crider TITLE General Manager/Superintendent Director of Administration CONTROL NO. 105151 CONTROLLER