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HomeMy WebLinkAboutAll Star Paving, Inc./ENG/$1,985,376/22-ENG-13 Misc Path Connections - Construction DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D All Star Paving,Inc. Engineering Department-2023 Appropriation#2200 0 44-628.71 2022 Bond Fund;P.O.#110008 APPROVED Contract Not To Exceed$1,985,376.00 By Sergey Grechukhin 2:56 pm,Aug 29,2523 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 All Star Paving, 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: 2.1 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 2022 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. 2.2 The Agreement between the Parties consists of this document, all the Exhibits including any attachments, technical specifications, plans, references, and/or addendums thereto, City of Carmel General Conditions, City of Carmel Supplemental Conditions. Vendor acknowledges that it had a chance to review all the components of the Agreement and agrees to comply with all such components without reservations or exceptions, unless otherwise agreed by the Parties in writing. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than One Million Nine Hundred Eighty Five Thousand Three Hundred Seventy Six Dollars ($1,985,376.00) (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 [S:\Contracts\Depamnents\ENG\2_023\All Stu Pas mg Inc.Goods and Sess ices.docx:8/29/2023 10:09 AM] 1 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D All Star Paving,Inc. Engineering Department-2023 Appropriation#2200 0 44-628.71 2022 Bond Fund; P.O.#110008 Contract Not To Exceed$1,985,376.00 Department Bid Proposal Package for"Project 22-ENG-13 Miscellaneous Path Connections" received by the City of Carmel Board of Public Works and Safety on or about August 16, 2023, 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 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 [S:\Contracts\Deparnnents\ENG\2023\All Stu Pacing Inc.Goods and Sesvices.docx:8/29/2023 10:09 AM] 7 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D All Star Paving,Inc. Engineering Department-2023 Appropriation#2200 0 44-628.71 2022 Bond Fund; P.O.#110008 Contract Not To Exceed$1,985,376.00 of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs,attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 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 [S:\Contracts\Deparnnents\ENG\2023\AIl Stu Pardue,Inc.Goods and Sen..Ices.docx:8/29/2023 10:09 AM] 3 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D All Star Paving,Inc. Engineering Department-2023 Appropriation#2200 0 44-628.71 2022 Bond Fund; P.O.#110008 Contract Not To Exceed$1,985,376.00 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 Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: All Star Paving, Inc. 4320 N US Hwy 31 PO Box 1109 Seymour, Indiana 47274 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. [S:\Contracts\Deparnnents\ENG\2023\A11 Stu Pardue.Inc.Goods and Sen.sces.docx:8/29/2023 10:09 AM] 4 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D All Star Paving,Inc. Engineering Department-2023 Appropriation#2200 0 44-628.71 2022 Bond Fund; P.O.#110008 Contract Not To Exceed$1,985,376.00 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, 2023 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. [S:\Contracts\Deparnnents\ENG\2023\A11 Stu Pardue.Inc.Goods and Sen.sces.docx:8/29/2023 10:09 AM] 5 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D All Star Paving,Inc. Engineering Department-2023 Appropriation#2200 0 44-628.71 2022 Bond Fund; P.O.#110008 Contract Not To Exceed$1,985,376.00 28.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City's request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 29. IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement,the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. [S:\Contracts\Deparnnents\ENG\2023\AIl Stu Paving.Inc.Goods and Sorvices.doc,c:8/29/2023 10:09 AM] 6 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D All Star Payi1), Inc. Engineering Department -2023 Appropriation#2200 0 44-628.71 2022 Bond Fund: P.O.4110008 Contract Not To Exceed$1,985.376.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA All Star Paving, Inc. by and through its Board of Public Works and Safety By: By. TSbY: '97z98Fo2,oBC'31._. James Brainard, Presiding Officer Authorized Signature ` \``����i�����it������'' Date: 9/6/2023 � gSAR DocuSlgned by: • Kevin Heilman fe CORPOoy Mod at�l� t3uv t. Printed Name } �-� �� `j0 f arjt3Arh°ni° i?ke, Member i S' j 9/6/2023 Date: President p-DocuSigned by: Title '� ©6ANA1t►���``k��``` LIn wahaw LO(I T.INtatt 48Dn, Member FID/TIN: 20-2493779 Date: 9/6/2023 ATTEST: Date: August 29, 2023 DocuSigned by: '-6ri3 U/ 844(;5... Sue Wolfgang: i Lerrk 9/6/2023 Date: 7 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 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. 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: All Star Paving, Inc. PO Box 1109, Seymour, IN 47274 Project Name: Project No. 22-ENG-13 Miscellaneous Path Connections Date Submitted: August 16, 2023 Base Quote Amount: $1 ,985,376.00 Revised 7/10/2023 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: This form shall he utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized Project: Miscellaneous Path Connections Proposal For Construction of: Asphalt and concrete path connections and curb ramp construction at various locations throughout the City of Carmel. The project also includes curb installation and pavement marking installation. Date: August 16, 2023 To: City of Carmel, Indiana, Board of Public Works and Safety BID-1 Version 2020-04-01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D PART 1 BIDDER INFORMATION (Print) 1.1 Bidder Name: All Star Paving, Inc. 1.2 Bidder Address: Street Address: 4320 N US Hwy 31, PO Box 1109 City: Seymour State: IN Zip: 47274 Phone: 812.522.4477 Fax: 812.522.4472 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 foreign corporation. Note: To do business in or with the City of Carmel, Indiana, foreign corporations must register with the Secretary of the State 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, 1958.] .1 Corporation Name: _ .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: BID-2 Version 2020-04-01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 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 One Million Nine Hundred Eighty-Five Thousand Three Hundred Seventy-Six Dollars($ 1,985,376.00 ).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. BID-3 Version 2020-04-01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D PART 3 CONTRACT ITEMS AND UNIT PRICES [This Part to be used only for Bidding on Unit Price Contracts for the Contract Items shown] Prices In Figures Contract Estimated Unit Total Price Item No. Description Quantity Unit Price for Item 1 Construction Engineering 1 LS $ 20,000.00 $ 20,000.00 2 Mobilization and Demobilization 1 LS $ 85,000.00 $ 85,000.00 3 Clearing of Right of Way 1 LS $ 45,000.00 $ 45,000.00 4 Tree 48 IN., Remove 1 EA $ 5,860.00 $ 5,860.00 5 Stump, Remove 7 EA $ 1,172.00 $ 8,204.00 6 Concrete, Remove 21 SYS $ 52.50 $ 1,102.50 7 Post, Remove 6 EA $ 470.00 $ 2,820.00 � ' 8 Pipe, Remove 26 LFT $ 121.50 $ 3,159.00 9 Excavation,Common 893 CYS $ 85.00 $ 75,905.00 10 Borrow, Undistributed 1182 CYS $ 105.50 $ 124,701.00 11 Linear Grading 245 LFT $ 35.00 $ 8,575.00 12 Storm Water Quality Management Budget 9898 DOL $ 1.15 $ 11,382.70 13 Subgrade Treatment Type II 3709 SYS $ 46.80 $ 173,581.20 14 Subgrade Treatment Type III 705 SYS $ 14.00 $ 9,870.00 15 Structure Backfill,Type 2 101 CYS $ 81.50 $ 8,231.50 16 Flowable Backfill, Removable 2 CYS $ 295.00 $ 590.00 1 17 Geogrid,Type IB 464 SYS $ 11.70 $ 5,428.80 18 s Compacted Aggregate, No. 53 155 TON $ 111.30 $ 17,251.50 w 19 Milling,Asphalt, 1 1/2 IN 130 SYS $ 25.75 $ 3,347.50 20 QC/QA-HMA, 2, 64,Surface,9.5 mm 43 TON $ 280.00 $ 12,040.00 21 PCCP, 12 IN 24 SYS $ 216.80 $ 5,203.20 22 HMA for Sidewalk 828 TON $ 152.25 $ 126,063.00 23 Sidewalk, Concrete 428 SYS $ 113.50 $ 48,578.00 24 Curb Ramp,Concrete 872 SYS $ 305.25 $ 266,178.00 - 25 Detectable Warning Surfaces 156 SYS $ 409.00 $ 63,804.00 26 Curb, Concrete 3409 LFT $ 38.45 $ 131,076.05 27 Curb and Gutter, Concrete 608 LFT $ 71.75 $ 43,624.00 28 Curb and Gutter,Concrete, Depressed 230 LFT $ 71.50 $ 16,445.00 29 Curb and Gutter, Concrete, Roll Curb 362 LFT $ 68.85 $ 24,923.70 30 PCCP for Approaches, 6 in 327 SYS $ 137.15 $ 44,848.05 31 Mailbox Assembly,Single 2 EA $ 586.00 $ 1,172.00 32 Mailbox Assembly, Reset Single 1 EA $ 400.00 $ 400.00 33 River Rock 30 TON $ 93.75 $ 2,812.50 34 Geotextile for Riprap,Type 1A 64 SYS $ 9.40 $ 601.60 35 Water 0.4 kGAL $ 58,600.00 $ 23,440.00 36 Sodding 2070 SYS $ 10.50 $ 21,735.00 37 Pipe,Type 1,Circular, 8 IN 27 LFT $ 117.20 $ 3,164.40 38 Pipe,Type 1,Circular, 12 IN 9 LFT $ 164.00 $ 1,476.00 BID-4 Version 2020.04.01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 39 Pipe,Type 1, Circular, 15 IN 60 LFT $ 193.00 $ 11,580.00 40 Pipe,Type 1,Circular, 24 IN 36 LFT $ 281.25 $ 10,125.00 41 Pipe,Type 2,Circular, 15 IN 144 LFT $ 222.70 $ 32,068.80 42 Pipe End Section, Diameter 15 IN 3 EA $ 1,758.00 $ 5,274.00 43 Pipe End Section, Diameter 24 IN 2 EA $ 2,930.00 $ 5,860.00 44 Adjust Water Valve to Grade 4 EA $ 879.00 $ 3,516.00 45 Casting, Manhole,Adjust to Grade 2 EA $ 1,760.00 $ 3,520.00 46 Inlet, E7 2 EA $ 5,275.00 $ 10,550.00 47 Inlet, C15 1 EA $ 6,100.00 $ 6,100.00 48 Construction Sign,A 16 EA $ 176.00 $ 2,816.00 49 Maintaining Traffic 1 LS $ 82,000.00 $ 82,000.00 50 Sign, Sheet, Relocate 5 EA $ 2,930.00 $ 14,650.00 Sign Post,Square,Type 2, Reinforced Anchor 51 420 LFT $ 11.75 $ 4,935.00 Base 52 Sign,Sheet,With Legend 0.080"Thickness 226 SFT $ 41.00 $ 9,266.00 53 Sign,Sheet,With Legend 0.100"Thickness 64 SFT $ 41.00 $ 2,624.00 54 Hand hole,Adjust to Grade 4 EA $ 2,580.00 $ 10,320.00 55 Transverse Marking,Thermoplastic,Crosswalk 4931 LFT $ 23.00 $ 113,413.00 Line, White, 24 IN 56 Transverse Marking, Multi-Component, 110 LFT $ 234.40 $ 25,784.00 Crosswalk Line, White,24 IN 5-7 Line, Remove $ 52 v Transverse Marking,Thermoplastic,Stop Line, 67.5 LFT $ 23.00 $ 1,552.50 White,24 IN 58 Transverse Marking, Multi-Component,Stop 17.5 LFT $ 235.00 $ 4,112.50 Line, White, 24 IN Transverse Marking,Thermoplastic, Cro.sr,;walk Li 2.044 L ne,White, 6-IN 59 Sign Post Sleeve, 2.5" 7 LFT $ 25.00 $ 175.00 60 Subsurface Potholing, Half Day, 20 EA $ 1,465.00 Undistributed $ 29,300.00 61 Subsurface Potholing, Full Day, 20 EA 2,930.00 Undistributed $ ss,600,00 62 Short Side Services (Undistributed) 10 EA $ 2,813.00 $ 28,130.00 63 Long Side Services (Undistributed) 10 EA $ 5,860.00 $ 58,600.00 64 Pavement Message Marking, Thermoplastic, 6 EA $ 290.00 $ 1,740.00 Lane Indication Arrow 65 Pavement Message Marking, Thermoplastic, 2 EA $ 585.00 $ 1,170.00 STOP Total Bid: $ 1,985,376.00 BID-5 Version 2020-04-01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 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 July 20, 2023 #2 July 26, 2023 #3 July 31, 2023 #4 August 10, 2023 BID-6 Version 2020-04-01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D DATE: July 20, 2023 PROJECT: Proj. No. 22-ENG-13 —Miscellaneous Path Connections City of Carmel, Indiana NOTICE OF ADDENDUM NUMBER 1 1) A copy of the pre-bid meeting minutes has been included. 2) A copy of the current plan holders list has been included. 3) Addendum 1 Revised "Technical Specifications" is included herein and replaces the original Technical Specifications in its entirety. o TS 6 Construction Phasing and Project Locations was revised to refer to TS 20 and location Phase I.f) was removed. o TS 35 Plan Measured Quantities was revised to include the following language: "The plan quantity for Common Excavation is for the contract document titled 20- ENG-12: Two Multi-Use Paths; East Main Street Pathway. All excavation for areas not on the 20-ENG-12 plans shall be included in the cost of other items. " o TS 44 Quantity Breakdowns was revised to incorporate itemized proposal revisions. o TS 45 Subsurface Potholing, Undistributed has been added. o TS 46 Removal of Existing Pavement Markings has been added. o TS 47 Long and Short Side Services Unforeseen Replacement (Undistributed) has been added. 4) Addendum 1 Revised "Itemized Proposal" is included herein and replaces the original Itemized Proposal in its entirety. o Items following Item 55 have been renumbered to reflect below revisions. o The quantity for Item 55 Transverse Marking, Thermoplastic, Crosswalk Line, White, 24 IN was revised to 4931 LFT. o Item 56 Transverse Marking, Multi-Component, Crosswalk Line, White, 24 IN was added. o Line, Remove was deleted. o Transverse Marking, Thermoplastic, Crosswalk Line, White, 6 IN was deleted. All crosswalk items shall be Items 55 and 56. 22-ENG-13 Miscellaneous Path Connections Addendum#1 July 20,2023 Page 1 of 2 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D o The quantity for Item 57 Transverse Marking, Thermoplastic, Stop Line, 24 IN was revised to 14.5 LFT. o Item 5S Transverse Marking, Multi-Component, Stop Line, 24 IN was added. o Item 60 Subsurface Potholing, Half Day, Undistributed was added. o Item 61 Subsurface Potholing, Full Day, Undistributed was added. o Item 62 Short Side Services (Undistributed)was added o Item 63 Long Side Services (Undistributed) was added. 5) Contractor Questions o Contractor questions are due by the end of the day on Tuesday, July 25, 2023. 6) The Bidder shall acknowledge receipt of this Addendum by inserting the number and date in the space provided on Page P-2 or 2 in the Itemized Proposal section of the Contract Documents. 22-ENG-13 Miscellaneous Path Connections Addend urn#1 July 20,2023 Page 2 of 2 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D DATE: July 26, 2023 PROJECT: Proj. No. 22-ENG-13 —Miscellaneous Path Connections City of Carmel, Indiana NOTICE OF ADDENDUM NUMBER 2 1) A copy of the current plan holders list has been included. 2) Addendum 2 additional exhibits are included herein. o The project now includes median installation on Executive Drive from Rangeline Road to Executive Drive. See exhibit titled Executive Drive Median. o The project now includes median installation on Old Meridian from Grand Boulevard to Carmel Drive. See exhibit titled Old Meridian Street Median. o The project now includes striping and signage installation on Veterans Way and Civic Square. See exhibit title Veterans Way Two-Way Conversion. 3) Addendum 2 Revised "Technical Specifications" is included herein and replaces the original Technical Specifications in its entirety. o TS 6 Construction Phasing and Project Locations has been revised to included locations Phase I.j), Lk), and I.1). Additionally, the first paragraph was revised as shown: "This project will be constructed in two (2)phases. Construction on Phase II shall not begin until construction on Phase I is completed. The order of construction for locations within the phases will be left to the Contractor's discretion, unless otherwise directed by the Owner or the Engineer, with the exception that locations j), k), and l) in Phase I must be completed by the end of 2023." o TS 20 was revised to include Exhibits Executive Drive Median, Old Meridian Street Median, and Veterans Way Two-Way Conversion to the contract document list as numbers 5-7, respectively. o TS 35 Plan Measured Quantities was revised to state: "The plan quantity for Common Excavation is for the contract document titled 20-ENG-12: Two Multi- Use Paths; East Main Street Pathway and for the added work on exhibits titled Executive Drive Median and Old Meridian Street Median. All excavation for areas not on the 20-ENG-12 plans, Executive Drive Median Exhibit, and Old Meridian Street Median Exhibit shall be included in the cost of other items." o TS 40 Pavement Markings on Concrete Pavement has been removed. o TS 44 Quantity Breakdowns has been revised to reflect the changes to the Itemized Proposal. o TS 48 Installation of Curb Adjacent to Existing Pavement has been added. 22-ENG-13 Miscellaneous Path Connections Addendum#2 July 26,2023 Page 1 of 2 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 4) Addendum 2 Revised "Itemized Proposal" is included herein and replaces the original Itemized Proposal in its entirety. o Item 9 Excavation, Common was revised to be 893 CYS. This is due to the added median installations. See exhibits titled Executive Drive Median and Old Meridian Street Median. o Item 10 Borrow, Undistributed was revised to be 1182 CYS. This is due to the added median installations. See exhibits titled Executive Drive Median and Old Meridian Street Median. The quantity still includes undistributed amounts for path installation. o Item 20 QC/QA-PIMA, 2, 64, Surface, 9.5mm was revised to be 43 TON. o Item 24 Curb Ramp, Concrete was revised to be 872 SYS. o Item 25 Detectable Warning Surfaces was revised to be 156 SYS. o Item 26 Curb, Concrete was revised to be 3409 LFT. o Item 36 Sodding was revised to be 2070 SYS. o Item 51 Sign Post, Square, Type 2, Reinforced Anchor Base was revised to be 420 LFT o Item 52 Sign, Sheet,With Legend, 0.080"Thickness was revised to be 226 SET. o Item 57 Transverse Marking, Thermoplastic, Stop Line, White, 24 IN was revised to be 67.5 LFT. o Item 64 Pavement Message Marking, Thermoplastic, Lane Indication Arrow was added to the contract with a quantity of 6 EA. o Item 65 Pavement Message Marking, Thermoplastic, STOP was added to the contract with a quantity of 2 EA. 5) Contractor Questions &Answers o No contractor questions were received following the pre-bid meeting. o Due to the additions to the project, additional contractor questions will be accepted until the noon on Friday, July 28, 2023. If necessary, an additional addendum will be sent by the end of the day on Friday, July 28, 2023. Bids are still due at 9:45 AM on August 2, 2023. 6) The Bidder shall acknowledge receipt of this Addendum by inserting the number and date in the space provided on Page P-2 or 2 in the Itemized Proposal section of the Contract Documents. 22-ENG-13 Miscellaneous Path Connections Addendum#2 July 26,2023 Page 2 of 2 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D DATE: July 31, 2023 PROJECT: Proj. No. 22-ENG-13 —Miscellaneous Path Connections City of Carmel, Indiana NOTICE OF ADDENDUM NUMBER 3 1) Addendum 3 revised "Notice to Bidders" has been included herein and replaces the original "Notice to Bidders" in its entirety. o The Bid Date has been revised to be August 16, 2023 at LOAM, 2) The Bidder shall acknowledge receipt of this Addendum by inserting the number and date in the space provided on Page P-2 or 2 in the Itemized Proposal section of the Contract Documents. 22-ENG-13 Miscellaneous Path Connections Addendum#3 July 31,2023 Page 1 of 1 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D DATE: August 10, 2023 PROJECT: Proj.No. 22-ENG-13 —Miscellaneous Path Connections City of Carmel, Indiana NOTICE OF ADDENDUM NUMBER 4 1) Addendum 4 revised "Technical Specifications" has been included herein and replaces the original "Technical Specifications" in its entirety. o TS-49 Structure Castings has been added. 2) Addendum 4 revised Sheet 207 of the 2022 Bond Miscellaneous Paths Plan Set has been included herein and replaces the original Sheet 207 in its entirety. o -The connection point to the existing path has been shifted north by approximately 60 feet. 3) The Bidder shall acknowledge receipt of this Addendum by inserting the number and date in the space provided on Page P-2 or 2 in the Itemized Proposal section of the Contract Documents. 22-ENG-13 Miscellaneous Path Connections Addendum#4 August 10,2023 Page 1 of 1 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D PART 5 EXCEPTIONS 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 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: None BID-7 Version 2020-04-01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 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-8 Version 2020-04-01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 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-9 Version 2020-04-01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 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: All St aving, Inc Written Signature: '`` 'fit mf Printed Name: Kevin R. Heilman Title: President Important-Notary Signature and Seal Required in the Space Below STATE OF Indiana SS: COUNTY OF Jackson Subscribed and sworn to before me this 16th day of August IC 2023 My commission expires: 08/12/25 (Signed11, 1/f l' � / L ,,�1y1511 , Printed: TammyL. I�f'a ner ,� Residing in Jennings County, State of Indiana co,r ��' �; C "fn,nin„ \ BID-l 0 Version 2020-04-01 DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 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 I I I GRAND TOTAL Signature Printed Name DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D 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: DA9405C4-9096-4B13-9820-7F661D54709D EXHIBIT D AFFII)A VIT Kevin R.Heilman 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, 1 am over eighteen (1 S) 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 All Star Paving,Inc. (the"Employer') in the position of President 3. I ant 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- Documentation of this enrollment and participation is attached and incorporated herein. 5. The Employer does not knowingly employ any unauthorized aliens. b. To the best of my information and belief, the Employer does not currently employ any unauthorized aliens. 7. FURTHER AFFIAN 1'SAYETI-I NOT. EX on the 3rd day of May .1023 o i +a • Off.°1- Printed: Kevin R.Heilman,President atuiwa„togo- 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 arc tine and correct. / Printed: Kevin R.Heil elan,Presi de>I t aT ��° .�? b / r DocuSign Envelope ID: DA9405C4-9096-4B13-9820-7F661D54709D INDIANA RETAIL TAX EXEMPT Page 1 of 1 Ciit .Tof (Carmel CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 110008 ONE CIVIC SQUARE 35-6000972 3'+,_.+EEC:IUST,APPEAR.DN NVOICES,A,P CARMEL INDIANA 46032-2584 i'j'='ER rERY MEMO,'.ACiriNG SUPS. 41-4HPh' -ASE.0-'.ND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED ' REQUISITION NO VENDOR NO 1 DESCRIPTION 8/28/2023 376645 22-ENG-13-Miscellaneous Path Connections ALL STAR PAVING INC City Engineering's Office VENDOR 4320 N US HWY 31 SHIP 1 Civic Square TO Carmel, IN 46032- SEYMOUR,IN 47274- Laurie Slick _ PURCHASE IO ! BLANKET I CONTRACT ' PAYMENT TERMS FREIGHT 80279 ' I QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund: 0 2022 Bond Account: 44-628.71 1 Each 22-ENG-13 -Miscellaneous Path Connections-Construction 1,985,376.00 $1,985,376.00 Sub Total $1,985,376.00 f / CAA I , gild 808 fail , y ; • I I Send Invoice To Vt 1? Jill Newport \, CrossRoad Engineers, PC _� 115 N. 171h Avenue ��. _._ Beech Grove, IN 46107 f) /� t VD i Yo r jnewport(o�crossroadengineers.com PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT I PROJECT ACCOUNT I AMOUNT PAYMENT $1,985,376.00 SHIPPING INSTRUCTIONS ORDERED BY — Jeremy Kashman James Crider TITLE Director Director of Administration CONTROL 110 1 10008 CONTROLLER