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HomeMy WebLinkAboutRieth-Riley Construction Co./Engr/106th Path (fin oT a.! 10.01 Rieth -Riley Construction Company, Inc. Engineering Department 2010 Appropriation #2009 Bond P.O. #27441 Contract Not To Exceed $664,400.00 APF'rtOYZO AS TO FORM SY 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 Rieth Riley Construction 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 2009 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. 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 Six Hundred Sixty Four Thousand Four Hundred Dollars ($664,400.00) (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 sixty (60) 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 accordance 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 "09 -05 -106th Street Path Project- Michigan Road to Ditch Road" received by the City of Carmel Board of Public Works and Safety on or about March 31, 2010, 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. [Z: \hara1\ProfSvc. S Gnat. Sv \Enginiving\N1111U21ETH RILES' CONSTRUCTION Gnat S,vica,.dnc7 /N /2010 1257 EM] Rieth -Riley Construction Company, Inc. Engineering Department 2010 Appropriation #2009 Bond P.O. #27441 Contract Not To Exceed $664,400.00 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. [Z\shar,IProfSvc. Good... Svc\Engmwing\2010U21ETH RILEY CONSTRUCTION Good.. StrviG, dac7 /8/2010 If PM] Rieth -Riley Construction Company, Inc. Engineering Department 2010 Appropriation #2009 Bond P.O. #27441 Contract Not To Exceed $664,400.00 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. 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. 13. 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. 14. 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. 15. 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. [Z haral\ProfSvcs Good, Svc \E. g,,, g\2010WETH RILEY CONSTRUCTION Goods S,us.doc:7 /S/20I0 12:$7 PM] Rieth -Riley Construction Company, Inc. Engineering Department 2010 Appropriation #2009 Bond P.O. #27441 Contract Not To Exceed $664,400.00 16. 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. 17. 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 ATTN: Michael McBride AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Rieth Riley Construction Company, Inc. 1751 W. Minnesota Street Indianapolis, Indiana 46221 Telephone: 317- 634 -5561 E -Mail: ATTENTION: Notwithstanding the above, notice of termination under paragraph 18 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. 18. TERMINATION: 18.1 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. ]Z: \sham]\Prol:Svcc Goods Svcs \Engrn mg\2010\RIETH RILEY CONSTRUCTION Good. Services dac: 7 /S /2010 12:$7 PM] Rieth -Riley Construction Company, Inc. Engineering Department 2010 Appropriation #2009 Bond P.O. #27441 Contract Not To Exceed $664,400.00 18.2 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. 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. 20. 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. 21. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2010, 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. 22. 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. 23. 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. 24. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. 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. [Z: \harttl\ProI1Svcs Gauls Svcs \Engmurmg\2010\RIETH RILEY CONSTRUCTION Goats &rvk,, doc:7 /S20I0 I2. 7 PM] Rieth -Riley Constriction Company, Inc. Engineering Department 2010 Appropriation #2009 Bond P.O. #27441 Contract Not To Exceed $664,400.00 26. 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 RIETH -RILEY CONSTRUCTION, COMPANY, INC. by and through its Board of Public Works and Safety By: ames Brainard, Presiding Officer Au on' ed Sig .1r Date: Paul Tate Printed Name Ma An urke, Membe Date: 7 c Regional VP Central IN Title Lori S. W -1 M tuber FID/TIN: 35- 0918397 Date: 9�bZ i r 0 SSN if Sole Proprietor: N/A ATTEST: Date: July 13, 2010 Diaf a Cordray, IAMC, Clerk -Tr urer Date: in&Ar&APtersK, Goals SpaftgaaSeSVDIO, 1ETI RILEY COe7SIRUCZ1M oar. t Sanco..6c.7IV2CIO 11261 PH) 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. Company: Rieth -Riley Construction Co., Inc. Project Name: 09 -05 -106th Street Path Project Michigan Road to Ditch Road Date Submitted: March 31, 2010 Base Bid Amount: $661,400.00 Alternate 1 Bid Amount: $3,000.00 EXHIBIT 3/26/2010 1 ab 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. Project: #09- 05— Mic/iigaii Road /Ditch Road Path Proposal For Construction of The construction of 9,220 feet of 10 feet wide asphalt path and concrete curb ramps on the north side of 106"' Street from Michigan Road to Ditch Road (Excluding Weston Road to Shelborne Road) including asphalt drive resurfacing, ditch grading and storm sewer installation, reinforced concrete headwall installation, and adjusting utility castings to grade. Date: March 31, 2010 To: City of Carmel, Indiana, Board of Public Works and Safety k q BID -1 PART 1 BIDDER INFORMATION (Print) 1.1 Bidder Name: Rieth Riley Construction Co. Inc. 12 Bidder Address: Street Address: 1751 W. Minnesota St. PO Box 276 City: Indianapolis State: IN Zip: 46206 Phone: 317/634 -5561 Fax: 317/631 -6423 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 brr.sines.s in or with the City of Carmel, Indiana, foreign corporations must register with the Secretary of the State 0/ 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 .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: A BID -2 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 Six Hundred Sixty One Thousand Four Hundred and 00 /100 Dollars 661,400.00 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. 2.2 Alternate 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 Alternate Bid Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total Three Thousand and 00/100 Dollars 3 000.00 BID -3 ('1 Base Bid Itemized Proposal (09 -05) 106th Street Michigan Road to Ditch Road Item Item Quantity Unit Unit Cost Total Cost 1 Mobilization Demobilization 1 LS $33,000.00 $33,000.00 2 Maintenance of Traffic 1 LS $26,000.00 $26,000.00 3 Clearing Right of Way 1 LS $38,188.16 $38,188.16 4 Tree Removal 1 LS $22,850.00 $22,850.00 5 Linear Ditch Grading 2171 LFT $14.00 $30,394.00 6 Linear Grading for Path 9800 LFT $10.30 $100,940.00 7 Manhole, Type C 1 EA $2,500.00 $2,500.00 8 Concrete Pipe Catch Basin, 18" 1 EA $1,200.00 $1,200.00 9 4" HDPE 41 LFT $56.00 $2,296.00 10 12" CMP 50 LFT $51.00 $2,550.00 11 12" RCP 126 LFT $44.00 $5,544.00 12 12" Concrete Pipe End Section 3 EA $827.00 $2,481.00 13 71" x 47" Elliptical CMP 34 LFT $130.00 $4,420.00 14 Mechanically Core Existing Structure 1 EA $960.00 $960.00 15 Str. #15 Relocation 1 LS $2,000.00 $2,000.00 16 Reinforced Concrete Headwall 1 LS $11,000.00 $11,000.00 17 Handrail 39 LFT $315.00 $12,285.00 18 B- Borrow for Structure Backfill 150 CYS $21.00 $3,150.00 19 Rip Rap, Revetment, Maximum 6 in. 25 SYS $45.50 $1,137.50 20 Replace Casting and Adjust to Grade 6 EA $625.00 $3,750.00 21 Str. #11, Adjust to Grade 1 EA $210.00 $210.00 22 Utility Manhole, Adjust to Grade 1 EA $210.00 $210.00 23 Sanitary Manhole, Adjust to Grade 2 EA $210.00 $420.00 24 Water Valve, Adjust to Grade 3 EA $210.00 $630.00 25 Sprinkler Heads, Remove and Relocate 1 LS $2,700.00 $2,700.00 26 Sanitary Cleanout Relocation 1 LS $3,500.00 $3,500.00 27 HMA Surface, Type A 870 TON $73.50 $63,945.00 28 HMA Intermediate, Type A 1420 TON $55.00 $78,100.00 29 Surface Milling, 1 -1/2" 372 SYS $10.00 $3,720.00 30 Compacted Agg. No. 53, Base 2870 TON $23.50 $67,445.00 31 Sidewalk, Concrete, 4" 54 SYS $56.00 $3,024.00 A--- 9e)61 32 Concrete Paved Side Ditch, Type A 983 LFT $31.50 $30,964.50 33 Curb and Gutter, Concrete 395 LFT $29.50 $11,652.50 34 Concrete Curb Ramp, Type G 236 SYS $87.50 $20,650.00 35 Nursery Sodding 18,720 SYS $2.72 $50,918.40 36 Erosion Control Blanket 200 SYS $2.30 $460.00 37 Erosion Control Measures 1 LS $11,904.94 $11,904.94 38 Topsoil (Undistributed) 3500 CYS $1.00 $3,500.00 Street Sign and Post, Remove and 39 Relocate 2 EA $150.00 $300.00 40 Yard Light, Remove and Relocate 1 LS $500.00 $500.00 Total Base Bid Itemized Proposal $661,400.00 Alternate Bid Items (09 -05) 106th Street Michigan Road to Ditch Road Item Item Quantity Unit Unit Cost Total Cost A -1 Additional Clearing Right -of -Way 1 LS $1,000.00 $1,000.00 A -2 Additional Tree Removal 1 LS $2,000.00 $2,000.00 Total Alternate Itemized Proposal 1 $3,000.00 A- ql PART 3 CONTRACT ITEMS AND UNIT PRICES [This Part to be used only for Bidding on Unit Price Contracts for the Contract Items shown] Base Bid Itemized Proposal (09 -05) 106th Street Michigan Road to Ditch Road Item Item Quantity Unit Unit Cost Total Cost 1 Mobilization Demobilization 1 LS 2 Maintenance of Traffic 1 LS 3 Clearing Right of Way 1 LS 4 Tree Removal 1 LS 5 Linear Ditch Grading 2171 LFT 6 Linear Grading for Path 9800 LFT 7 Manhole, Type C 1 EA 8 Concrete Pipe Catch Basin, 18" 1 EA 9 4" HDPE 41 LFT 10 12" CMP 50 LFT 11 12" RCP 126 LFT 12 12" Concrete Pipe End Section 3 EA 13 71" x 47" Elliptical CMP 34 LFT 14 Mechanically Core Existing Structure 1 EA 15 Str. #15 Relocation 1 LS 16 Reinforced Concrete Headwall 1 LS 17 Handrail 39 LFT 18 B- Borrow for Structure Backfill 150 CYS 19 Rip Rap, Revetment, Maximum 6 in. 25 SYS 20 Replace Casting and Adjust to Grade 6 EA 21 Str. #11, Adjust to Grade 1 EA 22 Utility Manhole, Adjust to Grade 1 EA 23 Sanitary Manhole, Adjust to Grade 2 EA 24 Water Valve, Adjust to Grade 3 EA 25 Sprinkler Heads, Remove and Relocate 1 LS 26 Sanitary Cleanout Relocation 1 LS 27 HMA Surface, Type A 870 TON 28 HMA Intermediate, Type A 1420 TON 29 Surface Milling, 1 -1/2" 372 SYS 30 Compacted Agg. No. 53, Base 2870 TON 31 Sidewalk, Concrete, 4" 54 SYS BID -4 7 GI 32 Concrete Paved Side Ditch, Type A 983 LFT 33 Curb and Gutter, Concrete 395 LFT 34 Concrete Curb Ramp, Type G 236 SYS 35 Nursery Sodding 18,720 SYS 36 Erosion Control Blanket 200 SYS 37 Erosion Control Measures 1 LS 38 Topsoil (Undistributed) 3500 CYS Street Sign and Post, Remove and 39 Relocate 2 EA 40 Yard Light, Remove and Relocate 1 LS Total Base Bid Proposal Alternate Bid Items (09 -05) 106th Street Michigan Road to Ditch Road Item Item Quantity Unit Unit Cost Total Cost A -1 Additional Clearing Right -of -Way 1 LS A -2 Additional Tree Removal 1 LS Total Alternate Item Proposal 3.1 The Alternate Bid Item A -1, Additional Clearing Right -of -Way, is for the Right -of -Way Clearing in accordance with Technical Specification, TS -51, of these Contract Documents. 3.2 The Alternate Bid Item A -2, Additional Tree Removal, is for the Tree Removal in accordance with Technical Specification, TS -52, of these Contract Documents. 1 BID -5 0) 1 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 3/26/2010 2 3/30/2010 BID -6