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HomeMy WebLinkAbout3D Company, Inc. Goods and Services/ENG/$3,660,000/106th Street and College Avenue RAB – Construction DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 3D Company,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund; P.O. # 106259oD all 4mryNV Grce[tu(c@IrK f"):}61 am,bmki(IJ,2(122 Contract Not To Exceed$3,660,000.00 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 3D Company, 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 0 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 and any attachments, references and/or addendums thereto 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 Three Million Six Hundred Sixty Thousand Dollars ($3,660,000.00) (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 and any attachments, references and/or addendums thereto, 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 "106th Street and College Avenue Roundabout, Project#20-ENG-02" received by the City of Carmel Board of Public Works and Safety on or about February 2, 2022, 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 [C:AUsers\clivingstonVAppDataALocal\Microsoft\WindowsVINetCacheAContent Outlook\562V7G6G\3D Company Inc.Goods and Secs ices.doc:2/S/2022 1:51 PM] 1 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 3D Company,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund; P.O. # 106259 Contract Not To Exceed$3,660,000.00 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 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, [C:AUsers\clp mgstonVAppDataALocal\Microsoft\Wmdoss MINetCacheAContentOutlook1562V7G6G13D Company Inc.Goods and Seas mos.doc:2/8/2022 1:51 PM] 2 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 3D Company,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund; P.O. # 106259 Contract Not To Exceed$3,660,000.00 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 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 [C:AUsers\clp mgstonVAppDataALocal\Microsoft\Wmdoss MINetCacheAContentOutlook1562V7G6G13D Company Inc.Goods and Seas mos.doc:2/8/2022 1:51 PM] 3 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 3D Company,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund; P.O. # 106259 Contract Not To Exceed$3,660,000.00 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 Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: 3D Company, Inc. 7240 N State Road 3 Muncie, Indiana 47303 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. [C:AUsers\clivingstonVAppDataALocal\Microsoft\WindowsVINetCacheAContent Outlook1562V7G6G13D Company Inc.Goods and Services.doc:2/8/2022 1:51 PM] 4 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 3D Company,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund; P.O. # 106259 Contract Not To Exceed$3,660,000.00 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, 2022 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:AUsers\clivingstonVAppDataALocal\Microsoft\WindowsVINetCacheAContent Outlook1562V7G6G13D Company Inc.Goods and Services.doc:2/8/2022 1:51 PM] 5 DocuSign Envelope ID:B6B15DF3-9C41-4654-A312-7ECD21F192F5 3D Company, Inc. Engineering Department -2022 Appropriation 4 2200 U 44-628,71 2020 Road Bond Fund. P.O. # 106259 Contract Not To Exceed S3,660,000.00 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. RAN 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 3D Company, Inc. by and through its Board of Public Works and Safety BYel—DocuSi ned by: By: nJames g Officer ral itsUoA3b d, Piti2E Authorized Signature Date: ,.--DocuSigned by: .c\ - . tkAn, Printed Name ...o-Ameurke,Member Date: 2/16/2022 /.--DocuSigned by: Title [mri _ ghp6i8hoson, Member FID/TIN: cLc1\0--Nio-53\hchc - - - Date: 2/16/2022 ATTEST: Date: c—DocuSigned by: (04cro gue •vlifgeng, Clerk Date: 2/16/2022 6 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 Exhibit A 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. S 111 th envelllo e. 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: 3D Company, Inc. Project Name: Project No. 20-ENG-02 106th Street and College Avenue Roundabout Date Submitted: February 2, 2022 Base Quote Amount: $3,660,000.00 Revised 12/21/2021 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: This form shall be utilized by all Bidders. Except as otherwise.specifically provided, all Parts shall be/idly and accurately filled in and completed and notarized. 100 Street and College Avenue Roundabout Project: Project#20-ENG-02 Proposal For Construction of: Intersection improvements at 106th Street and College Avenue will consist of replacing a signalized intersection with a roundabout. The reconstruction of the intersection will include new full-depth pavement, curb and gutter, enclosed storm water network, lighting, and shared-use paths with new curb ramps and raised crosswalks. Date: February 2, 2022 To: City of Carmel, Indiana, Board of Public Works and Safety BID-1 Version 2018-12-19 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 PART 1 BIDDER INFORMATION (Print) 1.1 Bidder Name: 3D Company, Inc. 1.2 Bidder Address: Street Address: 7240 N State Road 3 City: Muncie State: IN Zip: AL303 Phone: (765) 288-3326 Fax: (765) 288-3344 1.3 Bidder is a/an [mark one] Individual Partnership X Indiana Corporation Foreign (Out of State) Corporation; State: Joint Venture Other 1.4 [The following must be answered if the Bidder or any of its partners or joint venture parties is a fireign corporation. Note: To do business in or with the City of Carmel, Indiana, foreign corporations must register with the Secretary of the Stale of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General's Opinion #2, dated January 23, 19581 .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: BID-2 Version 2018-12-19 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 PART 2 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total Three million six hundred sixty thousand and 00/100 Dollars($3,660,000.00 ). 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. B I D-3 Version 2018-12-19 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 PART 3 CONTRACT ITEMS AND UNIT PRICES 106th Street and College Avenue(Project#20-ENG-20) Contract - Item No. Description Unit Quantity Unit Price Total — — 1 CONSTRUCTION ENGINEERING LS 1 $22,235.00 $22,235.00 2 MOBILIZATION AND DEMOBILIZATION LS 1 $97,163.89 $97,163.89 3 CLEARING RIGH I OF WAY LS 1 $13,165.00 $13,165,00 INSPECTION HOLE,DEEPER TIIAN 3 FT 4 (UNDISTRIBUTED) EACH 5 $1,470.00 $7,350.00 INSPECTION HOLE,3 FT DEEP OR LESS 5 (UNDISTRIBUTED) EACH 5 $915..00 $4,575.00 6 CURB,CONCRE FE,REMOVE LFT 1434 $5.52 $7,915.68 . 7 CURB AND GUTTER,REMOVE LFT 3035 $5.81 $17,633.35 _ 8 SIDEWALK CONCRETE,REMOVE SYS 1916 $9.76 $18,700.16 — 9 CONCRETE,REMOVE SYS 18 $31.80 $572.40 10 SIGNAL POLE FOUNDATION,REMOVE EACH 4 $1,458.00 $5,832.00 11 TRANSPORTATION OF SALVAGEABLE ITEMS LS 1 $3,110.00 $3,110.00 12 EXCAVATION,COMMON CYS 5239 $35.86 $187,870.54 13 BORROW CYS 899 $1.00 $899.00 14 STORMWATER MANAGEMENT BUDGE I DOL 31190 $1.00 $31,190.00 15 STORMWATER MANAGEMEN E IMPLLMENTATION LS 1 $9,735.00 $9,735.00 16 SWQCP PREPARATION LS 1 $4,180.00 $4,180.00 17 SUBGRADE TREATMEN E,TYPE II SYS 3033 $13.81 $41,885.73 18 SUBGRADE TREATMENT,TYPE III SYS 3757 $1.88 $7,063.16 19 SUIJGRADE TREATMENT,TYPE IC SYS 240 $25.06 $6,014.40 20 SUBGRADE TREATMEN E, EYPE IBC SYS 10365 $10.44 $108,210.60 , 21 SUBGRADE TREATMEN r(UNDISTRIBUTED) CYS 915 _ $80.77 $73,904.55 22 STRUCTURE BACKFILL,TYPE I CYS 2981 $50.27 $149,854.87 23 COMPAC EED AGGREGATE NO 53 CYS 651 $58.56 $38,122.56 _ 24 HMA PATCHING FULL DEPTH TYPE C TON 169 $205.96 $34,807.24 25 MILLING,ASPHALT, I 5 IN SYS 1399 $6.02 $8,421.98 _ 26 QC/QA-HMA,3,70,SURFACE,9 5 MM TON 717 $99.00 $70,983.00 27 QC/QA-HMA,3,64,INTERMLDIAI L, 19 0 MM TON 988 $84.70 $83,683.60 28 QC/QA-IIMA,3,64,BASE,25 0 MM TON 2876 $82.50 $237,270.00 29 JOINT ADI IESIVE,SURFACE LFT 1978 $0.44 $870.32 30 JOINT ADHESIVE,INTERMEDIATE — LFT 1778 $0.44 $782.32 31 LIQUID ASPHALE SEALANT LFT 1978 $0.39 $771.42 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 -Contract - 1 1 Item No. Description Unit Quantity Unit Price Total 32 QA/QA-HMA,3,76,INTERMEDIATE,OG 19 0 MM TON 1241 $77.00 $95,557.00 33 ASPHALT FOR TACK COAT TON 5 $1,650.00 $8,250.00 34 BASE SEAL TON 7 $847.00 $5,929.00 35 RAISED PEDESTRIAN CROSSING SYS 430 $197.83 $85,066.90 .,..._ 36 COLORED AND JOINTED CONCRETE,7 IN SYS 229 $99.00 $22,671.00 ,.. ....__._ 37 D-I CONTRACTION JOINT LFT 176 $11.00 $1,936.00 38 HMA FOR SIDEWALK TON 711 $99.00 $70,389.00 39 SIDEWALK,CONCRETE,4" SYS 41 $82.50 $3,382.50 40 !CURB RAMP,CONCRETE SYS 574 $110.00 $63,140.00 41 DETECTABLE WARNING SURFACES SYS 61 $336.25 $20,511,25 42 CURB CONCRETE, LFT 471 528.60 $13,470.60 43 BARRIER CURB AT TRUCK APRON,CONCRETE LFT 230 $33,00 $7,590.00 CURB AND GU'l l'ER,CONCRETE,COMBINED,TYPE 44 II LFT 2554 $24.20 $61,806.80 45 CURB AND GUTTER,CONCRETE,TYPE III LFT 1195 $30,80 $36,806.00 46 CENTER CURB,D CONCRETE SYS 17 $143.00 $2,431.00 47 CURB AND GUTTER,CONCRETE DEPRESSED LFT 141 $38.50 $5,428.50 48 ROLL CURB FOR TRUCK APRON LFT 283 $30.80 $8,716.40 _ I 49 BMA FOR APPROACHES,'I YPE C TON 138 $132.00 $18,216.00 1 . 50 PCCP FOR APPROACIIES,9 IN SYS 2681 $77.00 $206,437.00 51 MAILBOX ASSEMBLY,SINGLE' EACH 11 $396.00 $4,356.00 52 MONUMENT,B EACH 16 $853.00 $13,648.00 53 MONUMENT,C EACH 9 $495.00 $4,455.00 54 MONUMENT,D EACH 2 $193.00 $386.00 55 MONUMENT,SECTION CORNER EACH 1 $798.00 $798,00 MOBILIZATION AND DEMOBILIZATION FOR 56 SEEDING EACH 1 $550.00 $550.00_ 57 FERTILIZER TON 1 $550.00 $550.00 58 SEED MIXTURE U LBS 70 $24.20 $1,694.00 59 MULCHING MATERIAL TON 1 $468.00 $468.00 60 WATER MG 12 $1.10 $13.20 61 TOPSOIL CYS 680 $35.31 $24,010,80 62 SODDING,NURSERY SYS 2959 $3.30 $9,764.70 _.......a.... 63 FIELD OFFICE MOS ' 6 $3,025.00 $18,150,00 64 OFFICE EQUIPMENT EACH I $1,320.00 $1,320.00 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 Contract Item No.. _ Description Unit Quantity Unit Price Total SANITARY SEWER.SERVICE ADJUSTMENT 65 .(UNDISTRIBUTED) LFT 1470 S119,71 $175,973,70 66 PIPE,TYPE 2,CIRCULAR,15 IN. LFT 189 $82.92 $15,671.88 67 PIPE,TYPE 4,CIRCULAR,6 IN. LFT 4559 $14.25 $64,965.75 68 PIPE,TYPE 2,CIRCULAR,12 IN. LET 2368 $71.99 $170,472.32 69 PIPE,TYPE 2,CIRCULAR,18 IN. LET 334 $82.92 $27,695.28 70 PIPE,TYPE 2,CIRCULAR,24 IN. LFT 320 $104.51 $33,443,20 71 PIPE,TYPE 2,CIRCULAR,30 IN. LFT 195 $129.33 $25,219.35 72 VIDEO INSPECTION FOR PIPE LFT 3406 $1.47 $5,006.82 73 VIDEO INSPECTION FOR UNDERDRAINS LET 3000 $1.25 $3,750.00 74 GEOTEXTILE FOR UNDERDRAINS SYS 5021 $0.74 $3,715.54 75 AGGREGATE FOR UNDERDRAINS CYS 487 $50.27 $24,481.49 76 MANHOLE,CIOMODIFIED EACH 2 $7,025.00 $14,050.00 77 CASTING,ADJUST TO GRADE,MANHOLE EACH 10 $608.00 $6,080.00 78 INLET,E7 EACH 4 $2,645,00 $10,580.00 79 INLET,JI9 EACH 15 $3,385.00 $50,775.00 80 INLET,MIO EACH 12 $3,370.00 $40,440.00 81 INLET,R13 EACH 16 $3,590.00 $57,440.00 82 INLET,J 10 MODIFIED EACH I $4,425.00 $4,425.00 83 INLET,M IO MODIFIED EACH 5 $4,480.00 $22,400.00 84 MANHOLE,C4 EACH 11 $5,525.00 $60,775.00 85 STRUCTURE,MANHOLE,RECONSTRUCTED LFT 2 $1,910.00 $3,820.00 86 INLET,R13 MODIFIED EACH 6 $4,388.00 $26,328.00 87 MANIIOLE,J4 EACH 3 $8,287.00 $24,861.00 88 ROAD CLOSURE SIGN ASSEMBLY EACH 10 $275.00 $2,750.00 89 DETOUR ROUTE MARKER ASSEMBLY EACH 32 $77.00 $2,464,00 90 CONSTRUCTION SIGN,A EACI➢ 26 $110.00 $2,860.00 , 91 CONSTRUCTION SIGN,B EACH 7 $55.00 $385.00 92 MAINTAINING TRAFFIC LS I $19,030.00 $19,030.00 93 BARRICADE,III-A LFT 144 $17.60 $2,534.40 94 BARRICADE,III-B LFT 120 $17.60 $2,112.00 SIGN POST,SQUARE TYPE I REINFORCED ANCHOR 95 BASE LET 237 $43.01 $10,193.37 , SIGN POST,SQUARE TYPE 2 REINFORCED ANCHOR 96 BASE LFT i 152 $39.49 $6,002.48 97 SIGN„SIIEET,WITH LEGEND 0.080 IN SET , 147 $25.96 $3,816.12 DocuSign Envelope ID: B61315DE3-9C41-4654-A312-7ECD21E192E5 Contract Item No. Description Unit Quantity Unit Price Total 98 SIGN,SIIEET,WITII LEGEND 0 100 IN SET 55 $29.48 $1,621,40 99 SIGN GROUND MOUNTED RESET EACH 2 $672.00 $1,344.00 _ 100 STREET NAME IDENTIFICATION SIGN EACH 4 $3,072.00 $12,288.00 ........ 101 TRAFFIC SIGNAL EQUIPMENT,REMOVE EACH 1 $7,415.00 $7,415.00 -",- CONTROLLER CABINET FOUNDATION,PI 102 MODIFIED EACH 1 $2,164.00 $2,164.00 103 CONTROLLER AND CABINET,PI MODIFIED EACH 1 $11,950.00 $11,950.00 104 HANDHOLE EACH 3 $933.00 $2,799.00 105 1.A1N+11NAIRE ORNAMENTAL EACH 8 $5,725.00 $45,800.00 106 LIGHT POLE ORNAMENTAL EACH 8 $5,615.00 $44,920.00 107 CONDUIT,STEEL,GALVANIZED,2 IN LFT 245 $36.85 $9,028.25 WIRE,NO.4 COPPER,IN PLASTIC DUCT,IN 108 'FRENCH,4 I/C LFT 785 $17.27 $13,556.95 LIGHTING FOUNDATION CONCRETE WITH 109 GROUNDING 30 IN DIA X 96 IN EACH 8 $1,922.00 $15,376.00 CABLE,POLE CIRCUIT,THWN,NO. 10 COPPER, 110 STRANDED I/C LFT 608 $1.43 $869.44 1H CONNECTOR KIT,UNFUSED EACH 8 $45.00 $360.00 112 CONNECTOR KIT,FUSED EACH 8 $47.00 $376.00 MULTIPLE COMPRESSION FITTING,NON- , 113 WATERPROOFED EACH 28 $15.00 $420.00 I I MULTIPLE COMPRESSION FITTING, 114 WATERPROOFED EACH 4 $16.65 $66.60 115 INSULATION LINK,NON-WATERPROOFED 1 EACH 8 $12.10 $96.80 116 INSULATION LINK,WATERPROOFED EACH 12 $15.20 $182,40 TRANSVERSE MARKING,THERMOPLASTIC, 117 CROSSWALK LINE,wHrrE,24 IN LFT 320 $9.90 $3,168,00 118 LINE,THERMOPLASTIC,BROKEN,WHITE,4 IN LFT 39 $0.77 $30.03 119 LINE,TIIERMOPLASTIC,SOLID,WHITE,8 IN LFT 22 $1.54 $33.88 120 LINE,THERMOPLASTIC,Deyr rED,WHITE,8 IN LFT 63 $1.54 $97.02 TRANSVERSE MARKING,THERMOPLASTIC,YIELD 121 LINE,WHITE,36 IN(SHARK TEETH) LFT 67 $16.50 $1,105.50 122 LINE,THERMOPLASTIC,SOLID,WHITE,6 IN LFT 213 , $1.16 $247.08 123 LINE,THERMOPLASTIC,SOLID,YELLOW,4 IN LFT 3179 $0.77 $2,447.83 TRANSVERSE MARKING,THERMOPLASTIC,STOP 124 LINE,WHITE,24 IN LFT 40 $9.90 $396.00 PAVEMENT MESSAGE MARKING,THERMOPLASTIC 125 LANE INDICATION ARROW EACH 2_ $165.00 $330.00 PAVEMENT MESSAGE MARKING,THERMOPLASTIC 126 LANE INDICATION ARROW,"FISH HOOK",WHITE EACH 2 $330.00 $660.00 _ PAVEMENT MESSAGE MARKING,THERMOPLASTIC- 127 ONLY EACH 1 , $220.00 $220.00 SNOWPLOWABLE RAISED PAVEMENT MARKER 128 (YELLOW) EACH , 20 $55.00 $1,100.00 129 WATER MAIN,DUCTILE IRON, 16" LFT 1200 $166.74 $200,088.00 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 i r ! i Contract Item No, Description Unit Quantity Unit Price Total 130 WATER MAIN,DUCTILE IRON, 12" LET 60 $347.74 $20,864.40 131 BUTTERFLY VALVE, 16" EACH 4 $7,195.00 $28,780.00_...., 132 COMPLETE HYDRANT ASSEMBLY EACH 4 $8,025.00 $32,100.00 133 CONNECTION, 16" EACH 2 $3,475.00 $6,950.00 134 CONNECTION,12" EACH 2 $3,380.00 $6,760.00 135 SHORT SIDE SERVICE(S2) EACH 8 $3,454.00 $27,632.00 136 LONG SIDE SERVICE(S1) EACH 6 $5,205.00 $31,230.00 137 EXISTING 20"WATER MAIN TESTING LS 1 $3,702.00 $3,702.00 138 ADJUST VALVE"10 GRADE EACH 5 $436.00 $2,180.00 ADJ tin.VALVE TO GRADE&REPLACE VALVE 139 BOX(UNDISTRIBUTED) EACH 4 $1,370.00 $5,480.00 140 ADJUST METER PIT TO GRADE EACH 1 $1,155.00 $1,155.00 141 RETIRE VALVE BOX EACH 6 $289.00 $1,734.00 142 RETIRE HYDRANT AND BRANCH VALVE EACH 5 $1,199.00 $5,995.00 143 RETIRE SERVICE LINE EACH 1 $1,316.00 $1,316.00 144 RETIRE METER PIT EACH 1 $805.00 $805.00 145 20"HDPE WATER MAIN REPAIR(UNDISTRIBUTED) LFT 20 $700.94 $14,018.80 146 20"LOWERING(UNDISTRIBUTED) EACH 1 $29,675.00 $29,675.00 147 6"LOWERING EACH 1 $7,502.00 $7,502.00 148 HANDHOLE,ADJUST TO GRADE EACH 2 $1,320.00 $2,640.00 149 UTILITY PROTECTION 11,S 1 $6,901.00 $6,901.00 150 CONDUIT,PVC,1 25 IN. LFT 150 $32.23 $4,834.50 Total---- 53,660,000.00 1 1 1 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 PART 4 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 1 January 28, 2022 BID-9 Version 2018-12-19 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 PART 5 EXCEPTIONS Instructions lb Bidders.' 5.1 The Bidder shall fully slate 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 OWNER 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: No Exceptions BID-I 0 Version 2018-12-19 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 PART 6 FINANCIAL STATEMENT 6.1 Attachment of Bidder's financial statement is mandatory. Any Bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to OWNER must be specific enough in detail so that OWNER can make a proper determination of the Bidder's capability for completing the Work/Project if awarded. Information on Bidder's company and financial statement shall be consistent with the information requested on the State Board of Accounts Forms #96a and #102, entitled "Standard Questionnaires and Financial Statement for Bidders". BID-11 Version 2018-12-19 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 PART 7 ADDITIONAL DECLARATIONS 7.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire,tenure, terms,conditions,or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 7.2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and informed himself/herself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands and accepts the existing conditions. The Bidder further certifies that he/she has thoroughly reviewed the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarifications concerning Contract Documents. BID-12 W510112018-12-19 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 PART 8 NON-COLLUSION AFFIDAVIT The individual person(s)executing this Bid Proposal,being first duly sworn,depose(s)and state(s) that the Bidder has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be bid by another person, or(ii) to prevent any person from bidding, or(iii) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any other bids and without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such bidding in any way or manner whatsoever. PART 9 SIGNATURES [Signature by or on behalf of the Bidder in the spaces provided below shall constitute execution of each and every Part of this Itemized Proposal and Declarations Document. SIGNATURE MUST BE PROPERLY NOTARIZED.] Bidders Name: 3 Company, Inc. Written Signature: Printed Name: Deanna D Case Title: President Important-Notary Signature and Seal Required in the Space Below STATE OF Indiana SS: COUNTY OF Delaware Subscribed and sworn to before me this 2nd day of February 20 22 . My commission expires: July 31, 2024 (Signed) /le Printed: Teresa L. Smith Residing in Delaware County, State of Indiana TERESA LYNN SMI FH 04 Notary Puhlte State of Indiana :SEAL DolJware Co+no( * Corttrots,ton stAG9.15 tvly Cornell ssoon Expiie July31, 2024 B1D-13 Version2018-12-19 DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 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: B6B15DF3-9C41-4654-A312-7ECD21F192F5 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: B6B15DF3-9C41-4654-A312-7ECD21F192F5 EXHIBIT D AFFIDAVIT , 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 (the"Employer") in the position ofR.Kt-- Ts, 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 AFF1ANT SAYETH NOT. EXECUTED on the day of S ----17-)C , Printecc 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: DocuSign Envelope ID: B6B15DF3-9C41-4654-A312-7ECD21F192F5 INDIANA RETAIL TAX EXEMPT Page 1 of I arme ! CERTIFICATE NO, 003120155 002 0 lt 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 106259 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON N\,1010ES,Al CARMEL INDIANA 46032-2584 VOUCHER,DEL VERY MEMO,PACKING SLIPS, , I SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997 I PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO VENDOR NO DESCRIPTION 2/3/2022 376320 20-ENG-02-106th St and College Ave RAB-Construction 3D COMPANY INC City Engineering's Office VENDOR 7240 N SR 3 SHIP 1 Civic Square TO Carmel, IN 46032- MUNCIE, IN 47303 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 63191 1 QUANTITY UNIT OF MEASURE I DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund: 0 2020 Road Bond Account: 44-628.71 1 Each 20-ENG-02 -106th St and College Ave RAB -Construction 3,660,000.00 $3,660,000.00 Sub Total $3,660,000.00 00 t H t W i t't1 w / wttwtwwwwwwwwwty;'trwmtit TN", t t 11 t ' twOlttOtttOnettlOgttWww t/twAtttot, I t wi, 1 wttettlAt wit4444W/AtAtAWIttttattqtttttt l' ettiOtt't1 tOttArett/rt pl '0) '', r t.", fetligqiggryitrt#44011 Send Invoice To: .t. ',:',,thilalgaeleo-ekelfigkek,:":oe i Jill Newport CrossRoad Engineers, PC r , 115 N. 17Th Avenue Beech Grove, IN 46107 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT 1 PROJECT I PROJECT ACCOUNT I AMOUNT PAYMENT $3,660,000.00 'SHIPPING INSTRUCTIONS AP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P 0 N9JMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN *SHIP PREPAID AMDAVIT AtrACHED I HEREBY CERTIFY THAT THERE S AN UNOBLIGATED BALANCE IN CO D SHIPMENT CANNOT BE ACCEPTED 1 HI.S APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER *PURCHASE ORDER NUMBER MUST APPEAR ON ALd SH8PPINCT,LABE "THIS ORDER ISSUED IN COMPLIANCE MTH CHAPTER 99„ACTS 194 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERE TO ORDERED BY Jeremy Kashman James Crider TITLE Director Director of Administration CONTROL Na 1062,59 CONTROLLER