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E&B Paving, Inc/eNG/2,412,330.00/Cherry Creek Boulevard Connection – ConstructionE & B Paving, Inc. Engineering Department - 2018 Appropriation # 2017 LOIT Bond Fund; P.O. #: 101984 4"�cID,V Contract Not To Exceed $2,412,330.00 ;> S 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 E & B Paving, Inc., an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS 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 2017 LOIT Bond Fund 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. 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 Two Million Four Hundred Twelve Thousand Three Hundred Thirty Dollars ($2,412,330.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering Department Bid Proposal Package for "Cherry Creek Boulevard Connection, Project # 18 -ENG -11" received by the City of Carmel Board of Public Works and Safety on or about October 3, 2018, 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. [SACoatraasTrof.SV & Goods Svcs\Enginc-ing\20181F&B Paving, Inc. Good and Servi—doc:10/812018 10:21 AMI E & B Paving, Inc. Engineering Department - 2018 Appropriation # 2017 LOIT Bond Fund; P.O. #: 101984 Contract Not To Exceed $2,412,330.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. [S:\Coaa ts\Prof Sva & Goods Sva\Engioecmg\2018E" Paving, Inc. Goods and Smias.doc: 10/8rz018 10:21 AK E & B Paving, Inc. Engineering Department - 2018 Appropriation # 2017 LOIT Bond Fund; P.O. #: 101984 Contract Not To Exceed $2,412,330.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E -VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the "Indiana E -Verify Law"), Vendor is required to enroll in and verify the work eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E -Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E - Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such parry 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 [SACoatractstPRof.Svcs & Good Svcs\En&eaingV018\E&B Paving, Inc. Goad and S—iocs.d-10/8l2018 1021 AM] E & B Paving, Inc. Engineering Department - 2018 Appropriation # 2017 LOIT Bond Fund; P.O. #: 101984 Contract Not To Exceed $2,412,330.00 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. 19. 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 One Civic Square Carmel, Indiana 46032 If to Vendor: E & B Paving, Inc. 17042 Middletown Avenue Noblesville, IN 46060 ATTENTION: Chad Hartwick AND Douglas C. Haney, Corporation Counsel Department of Law One Civic Square Carmel, Indiana 46032 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. 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. (SACootracts\Prof.Sva & Goods S— Engineering12018E" Paving. Inc. Good and Servi—d-10BR018 10:21 AM 4 E & B Paving, Inc. Engineering Department - 2018 Appropriation # 2017 LOIT Bond Fund; P.O. #: 101984 Contract Not To Exceed $2,412,330.00 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, 2018 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. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document, it does not engage in investment activities within the Country of Iran. 27. 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. 28. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 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. [SXont-1s\Prot.Svcs & Goods Svcs\Enginccnng\2018\E&B Paving. Inc. Good and Sernc Aoc: 10182018 10:21 ANTI 1. fi 13 laving, In.. Enginccring Departmcnt - 2018 Appropriation N 2017 1.011 Bund Fund; P.O 4: I0I984 ('unliift i Not To lixceed $2,412.130.(X) 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 ollows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: Ames Brai ar�Pre��g O// e� Dale: ,, � � Mary Ann Date: Lori S. Watso emper Date: j0 l a ATTEST: k9kid- V, Christine S. Pauley, Berk -Treasurer Date: ,xA / 8r E & B Paving, Inc. Au orized Signature Steffi io�nartr) Printed Name ti Area %fir Title FID/TIN: Last Four of SSN if Sole Proprietor: Date: Oct� q, 2018 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: E & s FWAM, rlr. Project Name: Project No. 18 -ENG -11 Cherry Creek Boulevard Connection Date Submitted: CL,, o 3, 2018 Base Quote Amount: 2,412,330.00 Base Quote Amount (Alternate Bid): Revised 9/10/2018 Exhibit —L icF-7 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, fully and accurately filled in and completed and notarized. Project: Cherry Creek Boulevard Connection Proposal For Construction of : Construction of Cherry Creek Boulevard between Community Drive and Mississinewa Drive located 1 mile southwest of the intersection of East 146th Street and River Road. Date: October 3, 2018 To: City of Carmel, Indiana, Board of Public Works and Safety Version 2016-08-31 Exhibit_,.______ 20-� � 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 fi►lfill 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 ***Sp? ffiDW Alternate Bid (Completion Date December 15,D 2018), tota1412,330.00 ) and for the Dollars ($ ). 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. *** Tt,>o ftlilicn, Four I lmdred 7%0-- w Marond, Zhree Hx&ed 'Thirty dollars and m amts. (00/100) Version 2016-08-31 Exhibit A 't / � Exhlbi _�--- ■v+v r i ■ clivi, AI lu UINl1 Ir IC EI.S Itemized Proposal Project 18 -ENG -11 Cherry Creek Boulevard Connection Item # Item Unit Unit Cost Total Cost Quantity I Construction Engineering 1 LS $ 69,946.85 $ 69,946.85 2 Mobilization / Demobilization 1 LS $ 90,890.78 $ 90,890.78 3 Clearing Right of Way 1 LS $ 27,000.00 $ 27,000.00 4 Common Excavation 23,048 CYS $ 7.50 $ 172,860.00 5 Temporary Check Dam, Revetment Riprap 45 TONS $ 39.00 $ 1,755.00 6 Temporary Sediment Trap 80 TONS $ 22.00 $ 1,760.00 7 Temporary Inlet Protection 7 EACH $ 279.00 $ 1,953.00 8 Temporary Silt Fence 5,844 LFT $ 1.60 $ 9,350.40 9 Temporary Seeding 1,275 LBS $ 0.85 $ 1,083.75 10 Temporary Mulch 22 TON $ 335.00 $ 7,370.00 11 Structure, Backfill, Type 1 588 CYD $ 30.00 $ 17,640.00 12 Revetment Riprap 314 TONS $ 57.00 $ 17,898.00 13 14 Geotextiles Top Soil 489 587 SYS CYD $ 2.00 $ 50.00 $ 978.00 $ 29,350.00 15 Sodding 3,522 SYS $ 4.38 $ 15,426.36 $ 10,488.46 16 Mulched Seeding, U 22,801 SYS $ 0.46 17 Milling, Asphalt 1.5" 1,055 SYS $ 4.50 $ 4,747.50 18 165 #/SYD HMA Surface, Type C 827 TON $ 95.00 $ 78,565.00 $ 85,540.00 $ 111,150.00 19 275 #/SYD HMA Intermediate, Type C 1222 TON $ 70.00 20 385 #/SYD HMA Base, Type C 1710 TON $ 65.00 21 250 #/SYD HMA Intermediate, OG, Type C 1325 TON $ 75.00 $ 99,375.00 22 330 #/SYD HMA Base, Type C 1748 TON $ 66.00 $ 115,368.00 23 165 #/SYD HMA Surface, Type B 534 TON $ 97.00 $ 51,798.00 24 220 #/SYD HMA Intermediate, Type B 122 TON 1 $ 110.00 $ 13,420.00 $ 15,840.00 25 330 #/SYD HMA Base, Type B 180 TON $ 88.00 26 275 #/SYD HMA Intermediate, Type B 735 TON $ 77.00 $ 56,595.00 27 Asphalt for Tack Coat 11.28 TON $ 650.00 $ 7,332.00 28 Sidewalk, Concrete, 4 IN 119 SYS $ 65.00 $ 7,735.00 29 Curb & Gutter, Type II 1050 LFT $ 30.00 $ 31,500.00 30 Curb & Gutter, Type III 4454 LFT $ 25.00 $ 111,350.00 31 Compacted Aggregate No. 53 2231 TON $ 30.00 $ 66,930.00 32 Curb Ramp, Concrete 363 SYS $ 128.00 $ 46,464.00 33 34 Detectable Warning Surface Subgrade Treatment, Type 1C `i • • • 87 11,968 SYS SYS $ 200.00 $ 16.00 $ 17,400.00 $ 191,488.00 35 Subgrade Treatment, Undistributed ;,.._ 745 CY $ 38.00 $ 28,310.00 't / � Exhlbi _�--- 36 Pipe, RCP, 12" 522 LFT $ 40.00 S 20,880.00 37 Pipe, RCP, 18" 201 LFT $ 47.00 $ 9,447.00 38 Pipe, RCP,24" 147 LFT $ 56.00 $ 8,232.00 39 Pipe, RCP, 27" 262 LFT $ 62.00 $ 16,244.00 40 Curb Inlet Box w/ Casting CT -4, CT -5 3 EACH $ 2,050.00 $ 6,150.00 41 Manhole, Type C 2 EACH $ 2,600.00 S 5,200.00 42 Manhole, Type C, w/3' Sump, Casting CT -7 5 EACH $ 3,200.00 S 16,000.00 43 Manhole, Type C, w/3' Sump 1 EACH $ 2,800.00 S 2,800.00 44 Yard Drain Inlet 1 EACH $ 2,000.00 $ 2,000.00 45 Pipe end section, Diameter 12" 5 EACH $ 1,700.00 $ 8,500.00 46 Pipe end section, Diameter 18" 1 EACH $ 1,900.00 $ 1,900.00 47 Pipe end section, Diameter 24" 2 EACH $ 2,500.00 $ 5,000.00 48 Pipe end section, Diameter 27" 3 EACH $ 2,700.00 $ 8,100.00 49 Flowable Backfill, Non -Removable 3 CYD $ 86.00 $ 258.00 50 Video Inspection for Pipe 1132 LFT $ 2.00 $ 2,264.00 51 Adjust Casting to Grade 2 EACH $ 1,050.00 $ 2,100.00 52 Pipe, Type 4, 6" 4652 LFT $ 10.00 $ 46,520.00 53 Outlet Pipe, 6" 480 LFT $ 25.00 S 12,000.00 54 Aggregate for Underdrains 422 CYS $ 33.00 $ 13,926.00 55 lGeotextiles for Underdrain 3539 SYS $ 1.00 $ 3,539.00 56 Maintaining Traffic 1 LS $ 28,655.77 $ 28,655.77 57 Road Closure Sign Assembly 6 EACH $ 250.00 S 1,500.00 58 Sidewalk Closure Sign Assembly 6 EACH $ 100.00 S 600.00 59 Barricade, III -A 142 LFT $ 10.00 $ 1,420.00 60 Sign post, square, type 1, reinforced anchor base 265 LFT $ 22.00 $ 5,830.00 61 Sign, Sheet, with Legend 0.080" 117 SFT $ 22.00 $ 2,574.00 62 Sign, Sheet, with Legend 0.100" 27.6 SFT $ 23.00 S 634.80 63 Sign, Sheet, Double Faced, with Legend 0.100" 17.63 SFT $ 26.00 $ 458.38 64 Sign, Sheet, Remove 1 EACH $ 100.00 $ 100.00 65 Solar Powered Flashing Beacon Assembly 2 EACH $ 6,000.00 S 12,000.00 66 1 Line, Thermoplastic, Solid, White, 4 IN 243 LFT $ 3.00 S 729.00 67 1 Line, Thermoplastic, Solid, Yellow, 4 IN 4,587 LFT $ 0.85 $ 3,898.95 68 Transverse Markings, Thermoplastic, Stop Line, 24 IN 97 LFT $ 8.00 S 776.00 69 Transverse Markings, Thermoplastic, Crosswalk, 24 IN 770 LFT $ 8.00 S 6,160.00 Roadway Subtotal $ 1,873,055.00 Exhibit -L �df 7 Exhibit HWC ENGINEERING City of Carmel Cherry Creek Boulevard Connection ISENG-11: Notice of Revision No. 1 Confidence in the built environment. 151 N. Delaware, Suite 800 Indianapolis, Indiana 46204 www.hwcengineering.coni The Schedule of Pay Items was revised as follows: a line was added for quantity Yard Drain Inlet (number 44) and all subsequent line items were renumbered. The following items were revised regarding quantity: Structure Backfill, Type 1, Revetment Riprap, Geotextiles, 165 #/SYD HMA Surface, Type C, 275 #/SYD Intermediate, Type C, 385 #/SYD HMA Base, Type C, 250 #/SYD HMA Intermediate, OG, Type C, 330 #/SYC HMA Base, Type C, Asphalt for Tack Coat, Sidewalk, Concrete 4 IN, Curb & Gutter, Type I1, Subgrade Treatment, Type 1 C, Pipe, RCP 27", Curb Inlet Box w/ Casting CT -4, CT -5, Pipe end section, Diameter 27", and Video Inspection for Pipe. A copy of the schedule of pay items can be found as attached. Construction Plans, Project No. 18 -ENG -11, Sheets 11, 12, 19, 20, 26, 30-35, 37, 38, 54, and 55 have been revised and are available for viewing on Repro Graphix. Please substitute the attached sheets for the like numbered sheets that now appear in your copy of the plan set. Changes were also made to TS 2 and TS 45 in the contract documents. Please find a copy of those as well as Appendix "A" attached. Should you desire to subunit a bid, please do so with the basis of information set out above. It is the bidder's responsibility to check the website for all amendment files prior to the deadline for bid submittal. This includes amendment files that may be generated as a result of administrative changes to the bidding form, which may not be communicated in a revision letter. For all bids, the acknowledgement below should be signed and submitted with the proposed bid forms as set forth in the contract documents. -Acknowledgement of Receipt of Revision- Indianapolis Date: (fir 3, 2018 Co. Name: F & B Pavinzi, Inc. LIM UQ Okj:�'t Chad J. RuMck, Area M3rager Terre Haute Lafayette I Scottsburg A4uncie www hwcengineering corn Exhibit —Za- -7of 7 10:4MeIIHrr:1 Invoice Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Date: Signature Printed Name Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Each Occurrence Limit: Statutory Limits $1,000,000 each employee $1,000,000 each accident $1,000,000 policy limit $6,000,000 $5,000,000 $5,000,000 Comprehensive Auto Liability (owned, hired and non -owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. EXHIBIT D AFFIDAVIT - -- SUA_ a xemam being first duly sworn, deposes and says that he/sem is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, condd testify as follows: 1 am over eighteen (18) years of age and run competent to testify to the facts contained herein. 2. 1 am now and at all limes relevant heroin have been employed by FF � AaEjM, Inc. _ (the "fit 1) in [lie position of Aam lrnagpr 3. 1 am familiar with the employment policies, practices, and procedures of the Employer and have file authority to act on behalf of the Employer. 4. The Employer is carolled and participates in the federal E -Verify program and has provided documentation of such enrollment and participation to the City of (laintel, Indiana. S. The Company does not knowingly employ any unauthorized aliens. FURTIiER AFFIANT SAYETI l NOT. EXECUTE) on the V Stn .._day of _ _ . tktaber 20 18 . iT.l^� c _ Printed: Steve rmrai 1 certify under the penalties for perjnry under the laws of the United States of America and the State of Indiana that the foregoing factual slatetnents and representations are true and cone Printed: Steve Fm3e ram City ®f Carmel INDIANA RETAIL TAX EXEMPT Page 1 of 1 CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 101984 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL. INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 10/3/2018 TW02120 Project 18 -ENG -11; Contract Date 10.12.18 E & B PAVING INC City Engineering's Office VENDOR 17042 MIDDLETOWN AVE SHIP 1 Civic Square TO Carmel, IN 46032- NOBLESVILLE, IN 46060 - Kate Lustig PURCHASE ID I BLANKETCOCO CONTRACT PAYMENT TERMS FREIGHT 29851 QUANTITY I UNIT OF MEASURE DESCRIPTION Department: 2200 Fund: 0 2017 LOIT Bond Fund Account: 44-628.71 1 Each Cherry Creek Boulevard Connection - Construction G�OFCgq� UNIT PRICE I EXTENSION 2,412,330.00 $2,412,330.00 Sub Total $2,412,330.00 Send Invoice To. 1 �` Jill Newport CrossRoad Engineers, P.C. 3417 Sherman Drive Beech Grove, IN 46107 Email: jnewport@crossroadengineers.com PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $2,412,330.00 SHIPPING INSTRUCTIONS ' AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBUGATED BALANCE IN 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 �( AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY - --- Jeremy Kashman James Crider TITLE Director Administration CONTROL NO. 101984 CLERK -TREASURER