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Beaty Construction, Inc./ENG/$5,082,751.62/17-ENG-01 Duke Energy Relocation Plans Phase 2 - North; 2020 Road Bond
DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E Beaty Construction, Inc. Engineering Department-2021 APPROVED Appropriation#2200 44-628.71 2020 Road Bond Fund; P.O.#105328 By Jon Oberlander at 8 25 am,Jun 29,2021] Contract Not To Exceed S5,082,751.62 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 Beaty Construction, Inc., 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 2200 44-628.71 2020 Road 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 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 Five Million Eighty Two Thousand Seven Hundred Fifty One Dollars and Sixty Two Cents ($5,082,751,62) (the "Estimate"). Vendor acknowledges and accepts that any payment for services performed under this agreement is contingent upon the issuance and sale of the Multipurpose Bonds, Series 2021 Bonds (the "Bonds") approved by the Carmel Common Council on March 1, 2021. Vendor further acknowledges and accepts that if for any reason whatsoever the Bonds are not issued or sold, the Vendor shall not be entitled to receive any payment for the Goods and Services. 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. DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E Beaty Construction, Inc. Engineering Department-2021 Appropriation#2200 44-628.71 2020 Road Bond Fund; P.O.#105328 Contract Not To Exceed S5,082,751.62 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 "Project 17-ENG-01, Duke Energy Relocation Plans Phase 2 North Project" received by the City of Carmel Board of Public Works and Safety on or about September 16, 2020, 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. 5. TIME AND PERFORMANCE: This agreement shall become effective as of the date when the project is fully funded and a Notice to Proceed has been issued ("Effective Date"). Partial Notice to Proceeds may be issued for certain scope based upon funds available. 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 2 DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E Beaty Constntction, Engineering Depaninent -2021 Appropriation#2200 44-628.71 2020 Road Bond Fund;P.O.#105328 Contract Not To Exceed S5,082,751.62 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 fro all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms,conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to LC. § 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. 3 DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E Beaty Construction, Inc. Engineering Department-2021 Appropriation#2200 44-628.71 2020 Road Bond Fund;P.O. 4105328 Contract Not To Exceed S5,082,751.62 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 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: Beaty Construction, Inc. 5292 W 100 N Boggstown, Indiana 46110 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. 4 DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E Bealy Construction, Inc. Engineering Depannient -2021 Appropriation#2200 44-628.71 2020 Road Bond Fund; P.O.#105328 Contract Not To Exceed S5,082,751.62 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. 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. 5 DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E Beaty Construction, Inc. Engineering Department -2021 Appropriation#2200 44-628.71 2020 Road Bond Fund;P.O.#105328 Contract Not To Exceed S5,082,751.62 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. 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. 6 DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E Beaty Construction,Inc. Engineering Department-2021 Appropriation#2200 44-628.71 2020 Road Bond Fund;P.O.#105328 Contract Not To Exceed S5,082,751.62 IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Beaty Construction, Inc. by and through its Board of Public Works and Safety By: i---DocuSigned by: By: L70 t\K--yj49,S7 4,e.,Fc.,4 r.,"+3 I James Brainard, Presiding Officer Auth riz d Signature Date: 7/7/2021 DocuSigned by. Daniel S. Beaty likzUfli &Ink, burict Printed Name A'ff Tg aV n icer Member 7/7/2021 Date: President DocuSigned by: ,Ni OlJeitsav, .4LIL 'ES)."Itsdon, Member Title FID/TIN: 35-1128289 Date: 7/7/2021 Last Four of SSN if Sole Proprietor: ATTEST: Date: June 22, 2021 t—DocuSigned by: ax.f.. wovc-3,1 'ErelrOVILCIerk Date: 777/2021 lc 0NVIC.1160,111.110141loo10562V705GBedl0 ell.11.1,0.4 la,.Cimh stml San s.ln Revised doc 6/2V202 1 12 21 Phq 7 DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E 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: Beaty Construction, Inc Project Name: Project No. 17-ENG01 Duke Energy Relocation Plans Phase 2 North Date Submitted: June 2, 2021 Base Quote 5,i$ / AZ 5/- Amount: Revised W/202 L EXHIBIT A (1 of 10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E BIDDER'S rum=PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders; This form shall be utilized by all Bidders,Except as other in,SINCIPC'allY provided all Puns shall heftily and acouratelYfilled in and completed and notarized Project: DUKE ENERGY RELOCATION PLANS PHASE 2 NORTH PROJECT NO, .17-ENG-01 PEOpaal For Construction of The project consists: ofInstalling+AO LF of undergrotind duct few Duke Energy's transngssion linefkantE'Sireet to a new riser pole north of PI Street W:between Pi Avenue NW and Range/live Road This will Mande the full reconstruction of Veterans Way/1st Avenue NW and Street NW east of Pi Avenue NW,as Well as.I701 SYS mill and overlay. Also Included In the project is the insfullaliall • of 1762 LF of underground Duke Energy distribution facilities, as well as*1,702 LF of pr opersed communication duct bank Or attachers to the existing Duke Energy Was. The project will also consist of inStallIng *1,451 LF of varying size ductile iron water main, connections and fire hydrant assembiles,as well as 1183 LF of lb"sanitary sewer ma/mi. Date: June 2, 2021 To City of Caratel,Indiana, Board of Public Works arid Safety EXHIB I T Version 20 14-06-3! A (2 of 10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E PART! AIDDER INFORMATION, (Pitt 1,1 Bidder Nude: 1.2 Bidder Address: Street Address': 5292 W. 100 N. City: Boggstown State: IN Zip:46110 Phone; 317-835-2254 Fax: 317-835-2913 1,3 Bidder is a/an[mark one] Individual Partnership X Indiana Corporation Foreign(Out of State)Corporation; State: Joint Venture Other . 1.4 IThe.following must be answered(I the Bidder or any of its partners or joint veniureparties is a foreign corporation. Note: To do business in or with the City qf Cartnel, foreign corporations must register with the Secretary of the 61ate-of Indiana as required by the Indiana General Corporation Act es stated therein and expressed In the Attorney General Qpin(on 0, dated January 23, 1.956V .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana'. .4. Indiana Registered.Agent: Name: Address;, EXHIBIT Veniait/016-0841 A (3 of 10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E PART 2 BID PROPOSAL 2,1 Base Bid The undersigned. Bidder proposes to furnish all necessary labor, machinery, tocds,. apparatus,.materials,equipment, service and other necessary supplies,and to petforn and. fulfill all obli$tions. 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 hems as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items,total.ri oe m 11;0.1 ei3Ys ,92 +c s&15M0-02n F, l rii c�^c:Uri Dollars $�% d` 2- �5l. fihe acknowledges that evaluation of the lowest Bid shaft be based on such pri a 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.nat 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 da not guarantee the amount or quantity of any item of Work to be perforriie:d. or furnished under tlic Contract. I i { i l E I � i I `� II 9 1 EX IT Version 2016.08 21 A (4 of 10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E pI PART CONTRACT ITEMS AND UNIT.PRICES, • • {{p I i EX*11BIT *mien j016•O34I A (5 of 10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E I 1 Part 3-Itemized Proposal-Project N17-ENG-01 DUKE ENERGY RELOCATION PHASE 2 North Item No. Description Pay Quanti7 Quantity Unit Unit Cost Total Price 1 Construction Engineering _ 1.00 1.00 LS 515,300.00 $15 300.00 2 Mobilization and Demobilization 1.00 1.00 LS 5454,545.00, $454,545.00 3 Clearing Right of Way 1.00 1.00 L5 $195,000.00 $195,000.00 1 4 Excavation,Common I 1,119,00 1,119.00 CYS $51.00 557.069.001 S Storm Water Management Budget 17,203.00, 17,203,00 DOL $1.00 $17,203.00 6 SWQCP Preparation and Implementation,Level 1 1.00' 1.00 LS $11,141.85 $11,141.85 Subgrade Treatment,Type IV 3.012.00 3.012.00 Subgrade Treatment(Undistributed) 201.00 201.00 Structure Backfill,Type 115E1.00 150.00 r 117 FlowabteFillforExistingStormSewer I+ rr r.11 FlowableFillforStreetCutRepair rr ►r, j 12 12 IN Concrete Cap for Street Cut Repair r r I r f n r13 6INConcreteCap rr rI •r :• r'.14 CompactedAggregateNo.53 : rr : rr +'15 Milling,Asphalt 11/21N, ► r r r r r : :IHMA Surface,Tyec'01,9,5 MM rr r I , + ::17 HMA Intermediate,Type'B',19.0 MM ++ I I 18 HMA Base,Type'B',25.OMM I+ rr .r 19 Asphalt for Tack Coat 11820.00 r115.00 r'rr +r IrI rrTemporary Asphalt,3 IN(Undistributed) I r :: I r .• r r21 Sidewalk,Concrete : r +r r22 Curb Ramp,Concrete _ ra 5trai t Concrete Curb Type 752 00 36.00 $15,687.00 23 Detectable Warning Surfaces +r 752,00 UM $52,49 539,472.48 5 Curb and Gutter,Concrete,T e II 1,010.00 1,010.00 MEM $45.90 $46,359,00 26 Curb and Gutter,Concrete,Type II(Modified) 181,00 181.0E111 27 Curb and Gutter,Concrete,Type II(Depressed) 355,00 355,00 28 PCCP for Approaches,61N. 338.00 r+ r 29 PCCP for Approaches,9 IN. 332.00 r s r ,763,12 I Pavers,Remove and Reset 17 00 17.00 r 'Y $2,052.24 31 Sodding 675.00 675.00 32 Mulch Hardwood Shredded Bark,3 IN Dejth 19.00 19.00 r r $1,501.00 33 Green Velvet Boxwood,5 GAL, 100.00 100.00 .r r r $6,000,00 34 oaylily,1 Gal. 200.00 200,00 Each 522.00 $4,400.00 35 Field Office,C 54,000,00 54,000.00 DOL. I 0 $54,000.00 36 Field Office Equipment 2.00 2,00 Each $3,25o.00 $2500.00 37 Pipe,RCP,Circular,12 IN. 299.00 299.00 :: I $26,40L 70 38 Pipe,RCP,Circular,151N. 72.00 72.00 LFf 5102.29 ' Pipe,RCP,Circular,18 IN. 33.00 33.00 i I Pipe,..PVC,Circular,8IN. 20,00 20.00 •r 41 Cap,Pipe 10.00 10.00 Each $491.40 54,914.00 42 Mechanical Core Exist Structure 3.00 3.00 Each 51,361.99 • r: ' 4443 Cradle,Concrete 13.00 13,00 f Sanitary Lateral Repair(Undistributed) rrr rrr r ,45 12INDiWaterMain 1,094.00 1,094.00 I. •. 8 IN DI Water Main 171.00 171.00 47 6LNCIWatermain rrr + rr : :r 1 4841N pi Water Main +I r r5190.60 r + 49 Structure Sackfu 1,Water Main 940.00 940.00 Elm'=' $105,533,80 : 12 IN Connection rI rr Each $852.61 10 IN Connection rr rr Ir +r rr ►I rBINConnection 14.00 rr rr Ir r rr 6lNConnection 2.00 rr - rrr rr r► 4 IN Connection 3.00 3.00 __ISO $1,350,00 3,00New Hydrant Connection ' 3.00 +r $24,000.00 121NGateValve 4.00 4,00 I II $16,0C,0,00 57 $IN Gate Valve 3.00 3.00 Each $3,100.00 $9,300.00 58 6 IN Gate Valve 2,001 2,00 Each $1,800.00 $3,600.00 EXHIBIT A (6 ©f10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E 59 41N Gate Valve 3.00 3.00 Each $1,460.16 $4,380,48 60 12 IN X 12 ON Tapping Saddle and Tapping Valve 1.00 1,00 Each $9,252.22 $9,252.22 61 6 IN X 6 IN rapping Saddle and Tapping Valve 1 1,00 1.00 Each $4,338.85 $4,338.89 62 _ Long Side Service Up to 2 IN(LS) 2.00 2.00 Each $2,500,00 55,000.00 63 Short Side Service Up to 2 IN(SS} 2.00� 2.00 Each $2,500.00 $5,000.00 64 Adjust Valve to Grade 2,00 2.00 Each $727.59 51,455.18 65 Adjust Meter Pit to Grade 1,00 1,00 Each $518.37 $518.37 66 Inside Meter Set 2,00 2,00 Each $913,62 $1,827.24 67 Retire Fire Hydrant and Hranch Valve 2.00 2.00 Each $3,039,18 $6,078,36 L68 Retire Valves 11.00 11.00 Each 52,037.32 $22,410.52 69 I Retire Meter Pits 3.00- 3.00 Each $1,907.75 $5,723.28 70 Fence Remove and Reset 88.00 88.00 LFT $113,89 $10,022.32 71 12 IN EZ Valve(Undistributed) 2.00 2,00 Each $16,000,00 $32,000.00 72 10INEZVaivejUndlstributed) 2.00 2,00 Each $15,500.00, $31,000.00 73 SIN EZ Valve[Undistributed) 2.00 2.00 Each $11,000.00 $22,000.00 74 6IN EZ Valve(Undistributed) 2.00 2.00 Each 510,500.00 $21,000.00 75 Cleanout Casting,Type II,Furnish&Adjust to Grade 3.00 3,00 Each $1,098.87 $3,296.61 76 Casting,Adjust to Grade,Sanitary 4,00_ 4.00 Each $648,57 52,594,28 77 Structure,Reconstruct,Sanitary 3.00' 1.00 Each _ $3,003.17 $3,003.17 78 Casting,Adjust to Grade,Storm 10.00 10.00 Each $648.57 $6,485.70 79 Casting,Adjust to Grade,Electrical _ 1.00 1.00 Each $64&57r $648.57 80 Structure,Reconstruct,Storm 1.00 1.00 Each $869.59 $869.59 81 Inlet,J30 5.00 5.00 Each $2,291.53' $11,457.65 82 inlet,HAS 2.00 2,00 Each $2,608.79 $5,217.58, 83 Inlet,M10 5,00 5.00 Each $2,679.30 $13,396.50 B4 Manhole,C4 2.00 2.00 Each $4,134.60 $8,269.20 85 Manhole,C8 100 1.00 Each $6,070.31 $6,070.31 86 Manhole,K4 2.00 2,00'Each 57,227.71 $14,455.42 87 Structure 10,Modified I 1.00 1,00 Each $3,926,81 $3,92.6,81 88 Duke Energy Transmission Duct 890,00 890.00 LFT $960.00 $845,500.00 89 Duke Energy Transmission Manhole 1,00 1.00 Each 522,000„00 $22,000.00 90 Duke Energy Transmission Ground Duct Sank 544.00 544.00 LFT 5350.00 $190,400.00 91 Duke Energy Transmission Duct Bank Spot Repair 20.00 20.00 LFT $6,300.00 $126,000,00 92 Duke Energy Distribution Duct 762.00 762.00,LET $700,00 $533,400.00 93 Duke Energy Distribution Manhole 1 3.00 3.00,Each $17000.00 $51,000.00 94 Construction Sign,C 1.00 1.00 Each $350.00 $350.00 95 Road Closure Sign Assembly 10.00 10.00 Each $322.00 $3,220.00 96 Detour Route Sign Assembly 22.00 22.00 Each $127,001 52,794.00, 97 Construction Sign,A 4.00~ 4.00 Each $244.00 $976.00' 98 Construction Sign,B 10,00 10.00 Each $72.00 5720.00 99 Maintaining Traffic 1.00 1.00 LS $234,000.001 $234,00000 100 Barricade,111'8 175,00, 176.00 LFT $17.00 $2,992.00 101 Temporary Construction Fence(Undistributed,' 550,00 550.001ST $8.87 $4,878.50 102 Bollard,Remove and Reset 1,00 1.001 Each 55,056.83 $5,056.83 ,.103 Sign Post,Square,Type 1,Reinforced Anchor Base 91.00 91.00 LFT $29.00 $2,639.00 104 Sign Sheet Assembly Relocate 16.00 16,00 Each $600.00', $9.600.00 105 Sign,Sheet,Relocate 3.00, 3.00 Each $450,00` $1,350.00 106 Sign,Sheet,With Legend 0.080IN Thickness 37.00 37.00LSE $28.00 $1,036.00 107 DecoratIve Street Sign Assembly 1,00 1,00 Each $2,750.00 $2,75000 108 Handhole,Lighting 6.00 6.00 Each $1,200.00mm $7,200.00 109 Controller Cabinet Foundation,P1 Modified 1.00' 3.00 Each $2,300.00 $7,300,00' 110 Controller and Cabinet,P1 1.00 1.00 Each $5,800.00 $5,800.00 111 Service Point II,Modified 100 1.00 Each $3,300.00 $3,300.00 112 Wire,No.4 Copper,IN Plastic Duct in Trench,4-1/C 698.00 698.00 LET $24,00 $16,752-09 113 Wire,No.4 Copper 41/C 1,977.00 1,977,00 LFT $15.00 $29,655.00 114 Conduit,Steel,Galvanized,21N 969.00 969.00 lFT $29.00 $28,101-00 115 Street Light Pole Relocation 10.00 10-00 Each $3,200.00 $32,000,09 116 Street Ught Pole Placement 3.00 3.00 Each $8,000,00 $24,000.00 117 Lighting Foundation,Concrete,With Grounding 18 IN Dla X 72 IN 13.00 13.00 Each $1,800.001 523,400,00 118 41414'Split Communication Box 8.00 8.00 Each $5,500,00' $44,000,00 119 Communication Handhole,36IN 7.00 7.00 Each $1,300.00 $9,100.00 120 Communication Handhole,24 IN 7.00 7.00 Each $1,200.00 $8,400.00 121 Communication Conduit,Blank,4 IN 8,358.O0r 8,358.00 LET $26.50 5221,487.CA EXHIBIT A (7 of 10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E 122 Communication Conduit,Multicell,4 IN 2,081.001 2,081.00,LFT $35.00' $72,835.00 123 Communication Conduit,1.25 IN 6,800.00 6,8.00,00 LFT $20.00 $136,000.00 124 Communication Conduit,21NlUndlstributedl 20.00, 20.00 LIT _ $21.00 $420.001 125 _Line,Thermoplastic,Solid,White,4 IN. 160.00 160.00 LFT $3.14 $502.40 126 Crosswalk,Decorative 1,062.,C0 1,062.00 SET $10.00 $10,620.00 127 Line,Thermoplastic,Solid,Yellow,4 IN. 1,860, 3 1,860.00 LFT $1.03 $1,915.80 128 Transverse Marking,Thermoplastic,Stop line,white,24 IN 145.00 145.00 LET $8.20 $1,189.00 _ 129 Snowplowable Raised Pavement Markers,Blue 3.00 3,04 Each $400,00 $1,200.00 1.30 Sanitary Manhole,Type 1 3.00 3.00 Each $6,480.85 $19,442.55 131 10"50R 35 PVC Sanitary Main 183.00 183.00 LET 5170.11 531,130.13 13? Backfill for Sanitary Main 103,00 103.00.CYS $69.60I $7,168.80 133 Bypass Pumping 1.00 1.00 LS $24,000,00 LL 524,000.00 Total $5,082,751.62 EXHIBIT A (8 of 10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E PART 4 CONTRACT DOCUMENTS AND ADDENDA 4.1 The Bidder agrees to be bound by the terms and provisions of all Contract Documents vs 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 1 05/21/21 2 05/27/21 EXHIBIT Vecsion 1016-W31 A (9 of 10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E PART EXCEPTIONS Instructions To Bidders.. 5,1 The Bidder shall fully state each exception taken to the Specylcations 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 OWNER to be a mqterlal quolification 191 variancen;oin the terms of the Contract Documents'may result tn this Bid being-tejected as non-responsive, 5,3 gxceptiOns: EXPRI3IT Venkm2016-08.31 A (10 of 10) DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E 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:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E 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:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E EXHIBIT D AFFIDAVIT Daniel S. Beaty , 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 Beaty Construction, Inc (the "Employer") in the position of President 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 22nd day of June , 20 21 .51 ,34., Printed: Daniel S. Beaty, 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. Printed: Daniel S. Beaty, President DocuSign Envelope ID:39EAFO7F-154A-4BEO-B9C6-0178F076DD5E f1 INDIANA RETAIL TAX EXEMPT Page 1 o Crty of Carmel CERTIFICATE NO,0031 20155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 105328 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,A^P CARMEL,INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SUPS. SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1991 .._ _ PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO DESCRIPTION 6/1712021 .. ... .......BEATY CONSTRUCTION INC 357621 17-ENG.01 Duke Energy Relocation Plans Phase 2-North City Engineering's Office VENDOR 5292 W 100 NORTH SHIP 11 Civic Square TO Carmel,IN 46032- i BOGGSTOWN,IN 48110- Laurie Slick I PURCHASE ID BLANKET 1 CONTRACT PAYMENT TERMS FREIGHT F57177 , QUANTITY 1 UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund.' 0 2020 Road Bond Account: 44628.71 1 Each 17-ENG-01 Duke Energy Relocation Plans Phase 2-North 5,082,751.62 $5,082,751.62 Sub Total $5,082,751.62 0 F.. ril -i -,, ,,,, - ,,,k,„ k k tifl,ANT#45101.40,1 ( Send Invoice To: \ \r ;Ar.V.‘A.,4",;41:11',ot .hof,!:0'i.A'Alar".4,-.:2:1 4.,' Jill Newport \ \, / Crossfload Engineers, PC \, ,. 3417 Sherman Drive „ / Beech Grove,IN 46107 Nvr)' ili .... PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT I PROJECT .. I PROJECT ACCOUNT 1 AMOUNT PAYMENT $5,082,751.62 SHIPPING INSTRUCTIONS 'AR VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P 0 NUMBER IS MADE A 'SHP PR PART OF rHE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN E AID IP AFFIDAVIT ATTACHED I HEREBY CERTIFY IHA1 HERE IS AN UNOBLIGA I ED BALANCE IN 0 0 SE PMEN1 CANNOT BE ACCEPTED THIS APPROPRIATION SUFFICIENT T 0 PAY EOR THE ABOVE.ORDER 'PERCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE 'THIS,TIRDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194 AND ACTS AMENDATORY THEREOF MID SIJPPI.EMENT THERETO ORDERED BY Jeremy Kashman James Crider TITLE Director Director of Administration CONTROL NO 105328 CONTROLLER