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HomeMy WebLinkAboutShuck Corporation/ENG/$756,175.70/Bridge Replacements and Bank Stabilization in Brookshire Golf Club and Brookshire Mitigation RepairsShuck Corporation Engineering Department - 2021 Appropriation 92200 44-628.712010 Bond Fund, 1207 44-635.00; P.O.4105213, 105214 Contract Not To Exceed $756,175.70 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 Shuck Corporation 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 services set forth in the Base Bid and Bid Alternate #1 of Exhibit A the `Goods and Services") from Vendor using City budget appropriation number 2200 44-628.71 2010 Bond fund and 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 Seventy Hundred Fifty Six Thousand One Hundred Seventy Five Dollars and Seventy Cents ($756,175.70) (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 8, 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 "Projects 19-02 and 10-10 Bridge Replacements and Bank Stabilization in Brookshire Golf Club and Brookshire Mitigation Repairs" 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 1C3km:b,+cnc lrw,vmfma,M: a,es¢vlmmce;,a'A:,,:n mfl DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C Shuck Corporation Engineering Departtuent - 2021 Appropriation 92200 44-628.71 2010 Bond Fund, 1207 44-635.00:: P.O. #105213, 105214 Contract Not To Exceed $756,175.70 City's stated use and are fit and sufficient for their particular purpose. 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. 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 fled 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 Vendors 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 Vendors 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. CYwa'eli,'FP+m A9PgabLLomVAliumoh0{'oNoes'lYMaeFe`Coa,mtgnWY'!6M1'IG4G66W Cmyn,im WW,e 3m'irn.4e.!rtM1YO?I LIlPM, DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C Shuck Corporation Engineering Department - 2021 Appropriation 92200 44.628.71 2010 Bond Fund, 1207 44.615.00; P.O. #105213, 105214 Contract Not To Exceed $756,175.70 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 parry 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 k:e.m.mvp:,aMppo.iei«.iaaawe.uea,,.,Diu.manwcnum,amdaaznwc se,r c«yom,;u, eox, n,esena«.e«.viaxv u_nap DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C Shuck Corporation Engineering Department - 2021 Appropriation P2200 44-628.71 2010 Bond Fund, 1207 44-635.00: P.O.4105213, 105214 Contract Not To Exceed $756,175.70 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 One Civic Square Department of Law Carmel, Indiana 46032 One Civic Square Carmel, Indiana 46032 If to Vendor: Shuck Corporation 3050 South Harding Street Indianapolis, Indiana 46217 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, COaaaili'hpiui ApyDniQomEMwiov(t'M'uJnv:.l\aCsi efunnn IziIMV M`\'+4fiGSh0. Cm,umliw QgJa wJ Sm'NFYu'.YI6:IC1 LII Alj DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C Shuck Corporation Engineering Department - 2021 Appropriation 92200 44.628,71 2010 Bond Fund, 1207 44-635.00; P.O. lt105213, 105214 Contract Not To Exceed S756,175.70 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'D+a5k4rnp,IueµrypvuuLLw+IlWaro:oAN'nA m!I VnCa:LCLbumtU,63b6iPC WSEW Corycvim (ioatls.wtl 4o-¢en MCCO]W I ItiL PMl DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C Shuck Corporation Engineering Department - 2021 Appropriation 92200 44-628.71 2010 Bond Fund, 1207 44.635.00; P.O.0105213, 10521.4 Contract Not To Exceed $756,175,70 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 by and through its Board of Public Works and Safety James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: Shuck Corporation By. ' vY Authorized Signature David W. Shuck Printed Name President Title FID/TIN: 35-1660158 Last Four of SSN if Sole Proprietor: Date: 5/11 /2021 KnWmclww=15n,ESm',cc dac:! wxn 121P21I DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C 5/19/2021 5/19/2021 5/19/2021 5/19/2021 BID PROPOSAL SUMMARY PAGE Complete the following information and place as the cover page toyourbidpacket. 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 thebidopeningandshallmatchthepricesindicatedinPart2ofthe Bidders Itemized Proposal and Declarations. Company: Shuck Corporation Project Project No. 19-02 (02) (Plan Set I of 2) and ProjectName: No. 10-10 (Plan Set 2 of 2) Bridge Replacements and Bank Stabilization in Brookshire Golf Chub (Plan Set 1 of 2) and Date Brookshire Mitigation Repairs Plan Set 2 of 2 Submitted: April 7, 2021 Base Quote Amount: Revised 212312021 xbibit ' lofg DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: Thisform shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized Bidders may choose to bid on the Base Bid alone or Base Bid + Bid Alternate I or Base Bid + Bid Alternate 2 or Base Bid + Bid Alternate 1+ Bid Alternate 2. Project: Bridge Replacements and Bank Stabilization in Brookshire Golf Club (Plan Set I of 2) and Brookshire Mitigation Repairs (Plan Set 2 of 2) Proposal For Construction of, Three Pedestrian Bridges, Removal of Three Pedestrian Bridges and Associated Approach Work (Plan Set 1 of 2), Bank Stabilization (Plan Set 1 of 2), and Mitigation Repairs (Plan Set 2 of 2) Data: April 7, 2021 To: City of Carmel, Indiana, Board of Public Works and Safety Exhibit_--/_ _ Version 2016-08-31 Z C" 1(/'(J/u/ I DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C PART 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, when multiplied by estimated unit quantities for such Contract Items, total Dollars ($ 9 .1Sr 42to, '5 ). 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. 2. 2 Bid Alternate 1 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, when multiplied by estimated unit quantities for such Contract Items, total Dollars ($ - 4 9$ . 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. 2. 3 Bid Alternate 2 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 terns 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, when multiplied by estimated unit quantities for, such Contract Items, total Dollars ($% 65 528. 2i ). The Bidder acknowledges that evaluation of the lowest Bid shall be basedon such price and further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely Version 2016-08-31 Exhibit DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C 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 resutt 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. Vcmiw 2016-08-31 Exhibit q Of?" DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C PART 3-BASE BID CONTRACT ITEMS AND UNIT PRICES Item Description Estimated Quantity Units Unit Price Total Price 105-06845 Construction Engineering 1 LS 00,E 110-01001 Mobilization and Demobilization 1 LS 1 tTi5to 66 201-01015 Clearing and Grubbing 1 LS is S o 202-51330 Present Structure, Remove 1 Bride 1 LS 22 ZZ. ' 0 60 203-02000 Excavation Common 7.8 CYS 3 Z a 203-02000 Excavation Common Plan Set 2 of 2 277.0 CYS bo 3 203-51223 Excavation Waterway 21.00 CYS IfcS ca 450 205-08594 Filter Sock 248 LFT z•oG 205-03371 Sedlment Remove 6.00 CYS Sea I 205-09543 No. 2 Stone (for temp construction athwa " 630.00 TONS b6 Zo. 206-51230 Excavation Foundation Unclassified 95 CYS 5".co ZZsco 211-09265 Structure Backfill T e 2 38 CYS f 00 303-01180 Compacted Aggregate No, 53 37 TONS 1 2 g , co 401-07371 HMA Intermediate, Type B, 12.5mm 1 34.9 TONS Z19 00 4 bct3. to 406-06521 Asphalt for Tack Coat 15 SYS 60 tT.Sd 616-05688 Riprap, Class 1 1 ONS JV,,adb 616-06405 Ri ra , Revetment Plan Set 2 of 2 67.00 TONS U-1,30II ZR(a, o 616.07266 Coir Roll Plan Set 2 of 2 152.00 LFT t Coir Mat Plan Set 2 of 2 1244.00 SYS q,60 i I t ,0,o Seed Mixture, Slope Stabilization (Plan Set 2 of 2) 7.00 LBS 8Yr1 SY68,0b Seed Mixture - Fairway and Rough (Plan Set 2 of 2) 50.00 LBS 3rd. ob 1960. 60 616- 12246 1 Geotextlle for Riprap Type 1A YS I J_!3-16,6 621- 06550athwa Mulched Seeding P (for temp construction 1889. 00 SYS 1,16 y t N2.S 5 I d e " y 2S -ec 621- 06574 Soddin YS o i8k,a0 622- 05650 Plant, Deciduous Tree, Single Stem (Plan Set 2 of 2) 67.00 EACH RGao 33 Z32, 622- 10003 Live Plant Staking Plan Set 2 of 2 1009 EACH 2 2,66 y -iaZ.5 702- 5 0015 Concrete B, Footings 13.6 CYS 12Z 6 702- 92857 Concrete, C Substructure 17 CYS IO.co a 703- 06029 orcing Bars Epoxy Coated 2892 LBS 2,o0 Maintenance of Traffic 1,0 LS 75J o, o Pre - Engineered Pedestrian Bridge (Bridge No. 2)' 1.0 LS V,9cow 7Z,60 Temporary Stream Crossing" 1.0 LS TOTAL t ee' FS 49, **see TS 53 = Exhibit L Version 2016-08-31 / F(/ DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C PART 3- BID ALTERNATE I CONTRACT ITEMS AND UNIT PRICES Item Description Estimated Quantity Units Unit Price Total Price 105-06845 Construction Engineering 1 LS LItly, e, 3 17ao. 110-01001 Mobilization and Demobilization 1 LS 5 F1100, 202.51330 Present Structure Remove 1 Bride 1 LS t o 203.02000 Excavation, Common 11.0 CYS 203-02070 Borrow 44,00 CYS 1Z5.66 S Scc- 203.51223 Excavation, Waterway14.00 CYS Z 3Ib. 205.08594 Filter Sock 392 LFT f ,rjp I (,, 205-03371 Sediment Remove 9.00 CYS UCICo 6T- 5.66 20M9543 No, 2 Stone for temp construction pathway)" 630.00 TONS Abc, yl, (cZ0, 206-51230 Excavation Foundation, Unclassified 60 CYS PT&O 3cc, 211-09265 Structure Backfill, Type 2 38 CYS I67,C 4 303-01180 Compacted Aggregate No, 53 33 TONS AS 5-6g, 401-07371 HMA Intermediate Type B 12.5mm 30.7 TONS 24 (.co 13 8 406.05521 Asphalt for Tack Coat 140 SYS 616-05688 Ri ra , Class 1 73.00 TONS q, 5o 12 9. Co 616-12246 Geotextilefor Ri r Type 1A 79.00 SYS IC66 L UK,00 621. 06550 Mulched Seeding P for temp construction pathway)" 1889.00 SYS 1,15.35 621- 06560 Mulched Seedin U far bridge 6A removal 64,00 SYS 0.c0 I .00 702- 51015 Concrete, B Footings 13.60 CYS 22-q Ve `I( 6 702- 92857 Concrete, C Substructure 17.00 CYS b.t!? 1 10 703- 06029 Reinforcing Bars, Epoxy Coated 2892.0 LBS 2,60 TN. Maintenance of Traffic 1.0 LS jp: Gb- Pre- Engineered Pedestrian Bride (Bridge No. V 1.0 L$ 101 C, f Soo Temporary Stream Crossing" 1.0 LS TQTAL Z'+j 7qg,,' see TS 49, **see TS 53 vrnioo201e- 0ea1 H C6 15 Exbibit A r Cr DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C PART CONTRACT DOCUMENTS AND ADDENDA 4.1 The Bidder agrees to be bound by the terms and provisions of all Contract Documents as defined in the Standard General Conditions and incorporates such Contract Documents herein by reference. 4.2 The Bidder acknowledges receipt of the following addenda: ADDENDUM NUMBER DATE 3/4/2021 3/15/2021 3/23/2021 4/1/2021 Version 2016.08-31 Exhibit 7W DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C PART 5 Instructions To Bidders. 5.1 The Bidder shall fully state each exception taken to the Specifications or other Contract Documents in Section 5.3 of this Part. 5.2 Bidder is cautioned that any exception taken by Bidder and deemed by OTEVER to be a material qualification or variance from the terms of the Contract Documents may result in this Bid being rejected as non -responsive. 5.3 Exceptions: None. Exbibit Version 201609-31 0 DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C EXHIBIT B Invoice Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Date: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe eaeb good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C 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 6,000,000 5,000,000 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: 43C69F4E-B382-42BF-A34B-77690155927C EXHIBIT D AFFIDAVIT David W. Shuck , being first duly swom, 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. 1 am now and at all times relevant herein have been employed by SHUCK CORPORATION (the "Employer") in the position of President 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 11 th day of May , 20 21. Printed: David W. Shuck, President 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. D"" " ' I' 'I u''wW Printed: David W. Shuck, President DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C of a1yaj INDIANA EXEMPTRETAIL31!'City CERTIFICATENO, 0020165 02 0 FEDERAL EXCISE TAX EXEMPT ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 Page 1 of THIS NUMBER MUST APPEAR WI INVOICES, AP VOUCHER DELIVERY MEMO, PACNNGSLIPS, SHIPPING LABELS ANDANY CORRESPONDENCE IPURGEtASE ORDER DATE I DATE REQUIRED I REQUISITION NO VENDOR NO. DESCRIPTION 6/5/2021 376649 19-02 and 10.10 Brookshire Bridge Replacer Stabilization SHUCK CORPORATION City Engineering's Office VENDOR 3050 S HARDING STREET SHIP 1 Civic Square TO Carmel, IN 46032- INDIANAPOLIS, IN 46217 - Laurie Slick PURCHASER) I BLANKET CONTRACT PAYMENT TERMS FREIGHT 56061 j QUANTITY UNIT OF MEASURE DESCRIPTION I L NIT PRICE Department, 2200 Fund: 0 2010 Bond Fund Account., 44.628.71 1 Each 19.02 and 10.10 Brookshire Bridge Replacement & Bank $656,206.00 Stabilization -Construction Sub Total Send Invoice To: Jill Newport CrossRoad Engineers, P.C. 3417 Sherman Drive Beech Grove, IN 46107 inewpod@crossroadengineers.com PLEASE INVOICE IN DUI SHIPPING INSTRUCTIONS SHIPPREPAID GOD SHIPIA.NT CANNOT SEACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ONALL SHIPPING LABE THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 ANDACTSAMENDATORY THEREOF AND SUPPLEMENT THERETO ORDERED BY TITLE CONTROL NO. 105213 CONTROLLER TE Bank 556,206.00 556,206.00 PAYMENT $556,206.1 ALP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O NUMBERISMADEA PART OF THE VOUCHER MID EVERY I WOICE AND 'JOUCHERHAS THE PROPER SWORN AFFIDAVIT A.TTACHEO. I HEREBY CERTIFY THAT THERE ISAN UNOBUGATED BAIANCE IN THIS APPRCPRIATION SUFFICIENT TO PAY FOR THE AB0•E ORDER Jeremy Kashman Director James Crider Director of Administration DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C it } It yCity1./ti li-L// rn 1 l ar}}'j'}y a )I11JIjjJL ..,JLCarmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120168 002 0 Page 1 of 1 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 105214 ONE CIVIC SQUARE 35-6000972 THIS NUMBERMOSTAPPEARONINVO+CES, ASP CARMEL, INDIANA 46032.2584 VOUCHER DELIVERY MEMO, PACKING SUES. FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY JF CARMEL - 1S97 SHIPWNGLASELSANDANY CORRESPONDENCE 5IBf2O91 REOUISRION NO I NDOR NO-_.., _...... _ -- ! _ -.. .. -------- _. I DESCRIPTION PURL'HASE ORDER DATE DATE REOUIREO I 75649 SHUCK CORPORATION Brookshire Golf Course VENDOR 3050 S HARDING STREET SNIP 1212D Brookshire Pkwy. TO Carmel, IN 46033- INDIANAPOLIS, 1N 46217 - Pamela LISter (317) 849.7431 PURCHASED BLANKET CONTRACT - PAYMENT TERMS FREIGHT waaq - CUANTITY UNIT OF MEASURE DESCRIPTION UNIT —PRICE EXTENSIONT— ,_ Department 1207 Fund., 101 General Fund ACCounf.: 44-635.00 1 Each Bridge $100,969.70 $199,969.70 Sub Total $199,96S.70 Send Invoice To. Brookshire Golf Course Pamela Lister 12120 Brookshire Pkwy. Carmel, IN 46033• 317) 846-7431 CEPAFiTMENT B PLEASE INVOICE IN DUPLICATE P.000UNT PROJECT I PgOJECTACCOUNi AMOUNT PAYMENT $199,969.70 SNIPPING INSTRUCTIONS 'A.'PV000HERCANNOT BEAPPROVED FORPAYMEH7 UNLESS THE P.O NUMBERISMLADEA SHPPREPAID. PART OF THE VOL4HER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED I HEREBY CERTIFY THAT THERE I SPA UN080GATED BALANCE INCODSHIPMENTCANNOTBEAOCEPrE. THIS FPRROPRIATION SUFFCIENT TO PAY iOR THE ABOVE ORDER PURCHASE ORDER NUMBER NUSF APPEAR ON ALL SHIPPING UBE THIS ORDER ISSUED IN COMPLIANCE N4H CHAPTER 59 ACTS 19: AND ACTS AMENDA TORY THEREOF AND SUPPLEMENT THERETO. CONTROL N0. 105214 ORDERED BY -. -- .... _..._... Bob Higgins TITLE General MansgerlSuperintendem CONTROLLER DocuSign Envelope ID: 43C69F4E-B382-42BF-A34B-77690155927C