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Contract DocumentsIN20080273 PROJECT MANUAL FOR CITY OF CARMEL, INDIANA PROJECT: Miscellaneous West Side Road Improvements (Project No. 08-03) Prepared by: 7260 Shadeland Station, Indianapolis, IN 46256-3957 TEL 317.547.5580 FAX 317.543.0270 June 2008 IF THERE ARE ANY QUESTIONS CONCERNING THE CONTRACT DOCUMENTS, PLEASE CONTACT CRAIG M. PARKS, PE TOC - 1 IN20080273.TOC.DOC TABLE OF CONTENTS SUBJECT PAGES NOTICE TO BIDDERS NTB-1 INSTRUCTIONS TO BIDDERS ITB-1 BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS BID-1 POST BID SUBMITTAL POST-BID-1 BID BOND BB-1 MAINTENANCE BOND MB-1 PAYMENT BOND PMB-1 PERFORMANCE BOND PFB-1 AGREEMENT A-1 ADDITIONAL REQUIREMENTS AR-1 City of Carmel Sample Forms AR-2 Common Construction Wage Rates AR-7 STANDARD GENERAL CONDITIONS (INCORPORATED BY REFERENCE) Article 1 - Abbreviations and Definitions G-1 Article 2 - Preliminary Matters G-5 Article 3 - Contract Documents G-7 Article 4 - Availability of Lands; Physical Conditions G-8 Article 5 - Bonds and Insurance G-13 Article 6 - CONTRACTOR’s Responsibilities G-17 Article 7 - Work by Third Parties G-28 Article 8 - OWNER’s and ENGINEER’s Status During Construction G-29 Article 9 - Changes in the Work G-31 Article 10 - Change of Contract Price G-32 Article 11 - Change of Time; Liquidated Damages; Delays and Hindrances G-36 Article 12 - Warranties, Test and Defective Work G-38 Article 13 - Payments to CONTRACTOR and Completion G-41 Article 14 - Suspension of Work and Termination G-48 TOC - 2 IN20080273.TOC.DOC Article 15 - Dispute Resolution G-50 Article 16 - Miscellaneous G-52 Attachment A to Article 15 G-58 SUBJECT PAGES TECHNICAL SPECIFICATIONS SP-1 Applicable Specifications TS-1 SP-2 Construction Scheduling TS-2 SP-3 Manual on Uniform Traffic Control Devices TS-3 SP-4 Existing Conditions TS-4 SP-5 Coordination with City Services TS-5 SP-6 Temporary Erosion Control Measures TS-6 SP-7 Temporary Curb Inlet Protection TS-7 SP-8 Catch Basin Hoods TS-8 SP-9 Reporting Subcontract Payments TS-9 SP-10 Determination and Extension of Contract Time TS-10 SP-11 Clearing Right of Way TS-11 SP-12 Existing Section Corners TS-12 SP-13 Chemical Modification of Soils TS-13 SP-14 Sawcutting TS-14 SP-15 B Borrow and Structure Backfill TS-15 SP-16 Manhole Castings TS-16 SP-17 Adjust Valve Box to Grade TS-17 SP-18 Relocate Hydrant TS-18 SP-19 Sanitary Sewer Manholes TS-19 SP-20 HMA Revisions for 2008 TS-20 SP-21 Watering Sod TS-21 SP-22 Irrigation Conduit TS-22 SP-23 Topsoil TS-23 SP-24 Decorative Street Lighting TS-24 SP-25 Decorative Street Signs TS-25 SP-26 Colored Concrete and Jointing TS-26 TOC - 3 IN20080273.TOC.DOC SP-27 Failure to Complete on Time for Road Closure TS-27 SP-28 Material Testing TS-28 SP-29 Recycled Foundry Sand TS-29 SP-30 Drainage Structures TS-30 SP-31 Storm Sewer Pipe TS-31 SP-32 Pipe End Sections TS-32 SP-33 Certification for Temporary Traffic Control Devices TS-33 SP-34 Traffic Control Device Report Form TS-34 SP-35 Roundabout Pavement Markings TS-35 SP-36 Encapsulated Lens High Intensity Reflective Sheeting TS-36 SP-37 Specifications for 131st Street Roundabout Improvements TS-37 NTB-1 IN20080273.FE.DOC NOTICE TO BIDDERS City of Carmel, Indiana Department Board of Public Works and Safety One Civic Square City of Carmel, Indiana 46032 Project: Miscellaneous West Side Road Improvements City of Carmel Project #08-03 Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed bids for the above described “Project” at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) 10:00 AM Local Time on or before July 22nd, 2008, and commencing as soon as practicable thereafter on the same date such bids will be publicly opened and read aloud in the Council Chambers of City Hall. No late bids will be accepted. All bids and proposals shall be properly and completely executed on the proposal forms provided with the plans and specifications, which will include the non-collusion affidavit as required by the State of Indiana. The bid envelope must be sealed and have the words “BID – Miscellaneous West Side Road Improvements, City of Carmel Project #08-03”. A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be submitted with each bid. A one hundred percent (100%) performance and payment bond will also be required of the successful bidder. It is intended that actual construction of all work divisions shall be started as soon as practicable, and each bidder shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. A pre-bid conference will not be held for this project. The Project consists of, but is not necessarily limited to, the following: 1. Construction of a roundabout at the intersection of Spring Mill Road and Dorset. 2. Construction of a roundabout bypass lane for WB 116th Street to NB Spring Mill Road. 3. Construction of additional entry lanes on the south and east approaches of the Spring Mill Road and 131st Street Roundabout. 4. Construction of a roundabout bypass lane for EB 131st Street to SB Illinois Street. Contract Documents for the Project have been assembled into one bound project manual, which together with drawings, may be examined at the following locations: City of Carmel Department of Engineering - 1st Floor One Civic Square Carmel, IN 46032 (317) 571-2441 NTB-2 IN20080273.FE.DOC American Structurepoint, Inc 7260 Shadeland Station Indianapolis, IN 46256 (317) 547-5580 Paper copies of drawings and project manuals must be obtained from American Structurepoint, Inc., at the address stated above, upon the payment of $100.00 for each set. Each set includes one full-size set of road plans and project specifications for each of the proposed improvements. Payment must be by check. NO CASH ACCEPTED. Make checks payable to American Structurepoint, Inc. All payments and costs of Contract Documents are non-refundable. Bidders shall assure they have obtained complete sets of drawings and Contract Documents and shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of drawings and Contract Documents. This Project will be funded by the City of Carmel. Wage rates for the Project shall not be less than the current prescribed scale of wages as determined by the Common Construction Wage Committee in accordance with I.C. 5-16-7, and included in the Project Manuals. For special accommodations needed by handicapped individuals planning to attend the pre-bid conference or public bid opening meeting, please call or notify the City of Carmel, Engineer’s Office, at (317) 571-2441, at least forty-eight (48) hours prior thereto. No bidder may withdraw any bid or proposal within a period of thirty (30) days following the date set for receiving bids or proposals. The Carmel Board of Public Works and Safety reserves the right to hold any or all bids or proposals for a period of not more than thirty (30) days and said bids or proposal shall remain in full force and effect during said period. The City of Carmel reserves the right to reject and/or cancel any and all bids, solicitations and/or offers in whole or in part as specified in the solicitations when it is not in the best interests of the governmental body as determined by the purchasing agency in accordance with IC 5-22-18-2 ___________________________ Diana L. Cordray Clerk-Treasurer Publication Dates: July 1st and July 8th, 2008 ITB-1 IN20080273.FE.DOC INSTRUCTIONS TO BIDDERS City of Carmel OWNER: City of Carmel by and through its Board of Public Works and Safety Project/Work: Miscellaneous West Side Road Improvements City of Carmel Project #08-03 Owner’s Representative: Michael McBride PE, City Engineer One Civic Square Carmel, IN 46032 Designed By: American Structurepoint, Inc. 7260 Shadeland Station Indianapolis, IN 46256-3957 Attn: Craig Parks, PE (317) 547-5580 Fax: (317) 543-0270 Copyright © 1966-2008 by American Structurepoint, Inc. CrossRoad Engineers PC 3417 Sherman Drive Beech Grove, IN 46107 Attn: Jay Vorisek (317) 780-1555 Fax: (317) 780-6525 1. GENERAL 1.1. Submission of a Bid shall constitute an unconditional Agreement and acknowledgment by the Bidder to be bound by all terms and conditions set forth herein and in any of the Documents assembled or referred to in the bound Project Manual of which these Instructions To Bidders are a part. 1.2. Sample forms are included in the Project Manual to acquaint Bidders with the form and provisions of various Bid Documents and other Documentation required by the Contract Documents to be executed, completed and submitted by some or all Bidders, either as part of a Bid Submission or after the Bid Date. Such sample forms are not to be detached from the Project Manual, filled out, or executed. Separate copies of such forms and any other required Documentation prescribed by the Contract Documents have been or will be furnished separately by the OWNER and must be obtained directly from the Department of Engineering, One Civic Square, First Floor, Carmel, Indiana 46032. 1.3. Instructions and requirements printed on any sample form included in the Project Manual or any form not so included but required to be completed, signed or furnished by a Bidder as part of a Bid Submission or after receipt and opening of Bids shall be deemed ITB-2 IN20080273.FE.DOC requirements established by these Instructions To Bidders to the same extent as if fully restated herein. 1.4. All communications for the administration of the Contract shall be as set forth in the General Conditions and, in general, shall be through the City of Carmel, Department of Engineering. 1.5. The Unit Cost Schedule included as “Part 3” hereof is to be completed for the Project Bid. The construction completion time is described in the Technical Specifications and is as follows: Contract Approval and Notice to Proceed August 6, 2008 Final Project Completion Date: October 31, 2008 2. DEFINITIONS The following definitions shall apply to these Instructions to Bidders (ITB): 2.1. Bidder - Any person or entity who submits a Bid. 2.2. Bid - A written proposal submitted by a Bidder as part of the form prescribed herein offering to perform and complete the Work and to fulfill all other requirements of the Contract Documents for one or more specified prices. 2.3. Bid Documents - All Documents and completed forms required to be submitted by a Bidder with and as integral parts of a Bid Submission, whether or not included as sample forms assembled in the Project Manual of which these Instructions To Bidders are a part. Such Bid Documents are listed and more fully described in ITB Section 5.3 hereof. 2.4. Bid Date - The date when Bids are to be received, opened, and publicly read aloud as established by the Notice To Bidders as may be modified by Addenda. 2.5. Bid Submission - All Documents presented by a Bidder for receipt and opening on the Bid Date. 2.6. Contract Documents - The Agreement and any exhibits thereto (sometimes referred to as “Contract”), Addenda (which pertain to the Contract Documents), Instructions to Bidders, Advertisement, Notice to Bidders, Contractor’s Bid (including Documentation accompanying the Bid and any post-Bid Documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the Standard General Conditions, the Additional Requirements Section, any supplemental conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement. 2.7. ENGINEER - The City of Carmel, acting by and through its Board of Public Works and Safety. 2.8. OWNER - The City of Carmel acting by and through its Board of Public Works and Safety and the Department of Engineering. ITB-3 IN20080273.FE.DOC 2.9. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 2.10. Project Manual - The bound set of Documents, sample forms, and Contract Documents (excluding plans and Addenda) approved by the OWNER for the Work and/or Project described in the Notice To Bidders and of which these Instructions To Bidders are a part. 2.11. Standard General Conditions - City of Carmel Standard General Conditions for Construction Contracts, 2003. 2.12. Work - The entire construction or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work is the result and product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. In all other respects, terms used herein shall have the meanings as stated in the Standard General Conditions or other Contract Documents. 3. EXAMINATION OF SITE AND DOCUMENTS 3.1. Before the Bid Date, all Bidders shall carefully and thoroughly examine and inspect the entire site of the proposed Work and adjacent premises and the various means of approach and access thereto by means of a site inspection visit, and make all necessary investigations to inform themselves thoroughly as to the facilities necessary for delivering, placing and operating the necessary construction equipment, and for delivering and handling materials at the site, and shall inform themselves thoroughly as to any and all actual or potential difficulties, hindrances, delays and constraints involved in the commencement, prosecution and completion of the proposed Work in accordance with the requirements of the Contract Documents. 3.2. It shall be the sole responsibility of Bidders to make borings, test pits and to conduct such other investigations at or near the site of the proposed Work as they deem necessary to determine the character, location and amount of materials to be encountered or other subsurface conditions which could affect the manner, cost or time required to perform the Work. 3.3. Bidders shall carefully and thoroughly examine the plans, specifications and other Contract Documents and/or Project Manual as available in the locations stated in the Notice to Bidders and shall assume the full risk of their own judgments as to the nature, quality and amount of the whole of the Work to be done, and for the price Bid must assume all risk of any and all variances or errors in any computation or statement of amounts or quantities necessary to complete the Work in strict compliance with the Contract Documents. 3.4. Elevations of the existing ground surface or structures at the site of the Work as shown on the plans are believed to be reasonably correct, but are not guaranteed to be absolutely so and are presented only as an approximation. Bidders shall satisfy themselves as to the correctness of all elevations. ITB-4 IN20080273.FE.DOC 3.5. Information stated or depicted on plans concerning the location, dimensions, depth, and other characteristics of underground structures and utilities is given only as general information and shall not be construed or relied upon by Bidders as a representation or assurance that such structures or utilities will be found or encountered as plotted, or that such information is complete or accurate. Therefore, Bidders shall satisfy themselves by such means as they may deem proper as to the location of all structures and utilities that may be encountered in construction of the Work and shall bear the risk of the number, type, location, dimensions and depth of all structures and utilities thus encountered. 4. CLARIFICATIONS AND ADDENDA 4.1. If a Bidder finds conflicts, errors, discrepancies, or ambiguities in the Contract Documents or any sample form, or if the Bidder is in doubt as to the intended meaning of any portion or provision therein, the Bidder shall at once give written notice thereof to the OWNER’s Representative, at least seven (7) consecutive calendar days prior to the Bid Date. No Bidder shall be allowed any extra compensation or time extension by reason of any conflict, error, discrepancy, or ambiguity of which the Bidder had actual knowledge or reasonably should have known and which he/she failed to report within the period and in the manner required by these Instructions To Bidders. 4.2. No material changes, clarifications, or interpretations of the Contract Documents will be issued except by written or graphic Addenda mailed or delivered to record holders of Contract Documents not less than three (3) calendar days prior to the Bid Date. All such Addenda must be acknowledged by the Bidder and will become a part of the Contract Documents. The OWNER will not be responsible for or bound by any oral or written interpretations or clarifications of the Contract Documents that anyone presumes to make on its behalf, except by an Addendum issued in accordance with this Section. 5. BID SUBMISSION 5.1. All Bid Documents shall be placed within a sealed envelope that shall be plainly labeled on the outside with the words “BID – Miscellaneous West Side Road Improvements, City of Carmel Project #08-03” on the lower left-hand corner as indicated on the Notice to Bidders and also include the name and address of the Bidder on the envelope. If forwarded by mail, the sealed envelope must be enclosed in another envelope addressed to: City of Carmel, Clerk-Treasurer’s Office, One Civic Square, Carmel, Indiana 46032. 5.2. All Bid Documents as herein prescribed must be submitted with, and as integral parts of, each Bid Submission and shall be subject to all requirements of the Contract Documents, including drawings and these Instructions To Bidders. Bid Documents must be properly filled in and completed in every material respect and without interlineations, excisions, special conditions, qualifications or exceptions. Each Bid Document requiring a signature shall be signed by an individual duly authorized to execute such Document on Bidder’s behalf. A Bid executed by a corporation, joint venture, or other entity with an assumed name shall have the legal and correct name thereof followed by the word “by” and the signature and title of the officer or other person authorized to sign for it and a corporate resolution or similar document authorizing such officer to bind the entity. ITB-5 IN20080273.FE.DOC 5.3. The Bid Documents to be thus submitted by each Bidder shall consist of both of the following (5.3.1, 5.3.2): 5.3.1. Bidder’s Itemized Proposal and Declarations. A sample of this form is included in the Project Manual and must be utilized by all Bidders. Such Document includes and consists of the following constituent “Parts”: “Part 1 - Bidder Information” “Part 2 - Proposal (Bid)” “Part 3 - Contract Items and Unit Prices” “Part 4 - Contract Documents and Addenda” “Part 5 - Exceptions” “Part 6 - Financial Statement” “Part 7 - Additional Declarations” “Part 8 - Non-Collusion Affidavit” “Part 9 - Signatures” 5.3.2. Bid Security in the form of a Bid Bond or Certified Check in an amount not less than ten percent (10%) of the Base Bid or Alternative Bid price (if submitted), whichever is higher. Such Bid Security shall serve as security to insure the execution of the Agreement and the furnishing of other required Documents by the successful Bidder, including Performance and Payment Bonds. A sample Bid Bond form is included in the Project Manual and such form, or such other form as may be approved in advance by OWNER, shall be utilized if such a bond is furnished as Bid Security. A Bid Bond shall be executed by a surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds,” as published in the US Treasury Department Circular No. 570; the Bidder shall also furnish as part of the Bid Submission a signed power of attorney establishing the authority of the person executing such Bid Bond on behalf of the surety. Bid Security shall be held until the Contract is executed with the successful Bidder. In the event that all Bids are rejected, the Bid Security of all Bidders will be returned upon request. No “Annual” Bid bonds, cash deposits or cashiers’ checks will be accepted. 5.4. Bids may be withdrawn in person by a Bidder during normal hours of business prior to the time fixed for opening of Bids. In the event of a valid withdrawal of a Bid, the Bid Security of the withdrawing Bidder will be returned promptly. No Bid may be withdrawn after opening of Bids has commenced except after expiration of such period following the Bid Date as is specifically provided in the Notice to Bidders or as otherwise governed by law, plus any extension thereof as provided elsewhere in these Instructions To Bidders. 5.5. Bids will be received up to the time specified in the Notice to Bidders. Bids received after that time will be returned unopened. All Bids will be stamped showing the date and time received. ITB-6 IN20080273.FE.DOC 6. POST-BID REQUIREMENTS Within three (3) business days of notification by OWNER, the apparent lowest responsive Bidder will be required to submit additional Documents and satisfy additional requirements as conditions to such Bidder being found by the OWNER to be a responsible Bidder, as follows: 6.1. Proof of Insurability. The Bidder shall furnish: (1) proof of insurance showing existing coverage in accordance with the terms and amounts stated in the General Conditions, or (2) a letter or statement certifying that, in the event that the Bid is awarded by the OWNER, an insurance company will provide the required coverage to the Bidder submitting the Bid. Such proof of insurance or the letter/statement shall be issued by a financially responsible insurance company authorized to do business in the State of Indiana. 6.2. Surety Letter of Intent. The Bidder shall furnish a written statement or letter from a Surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds”, as published in U.S. Treasury Department Circular No. 570 which assures the OWNER that, in the event the Bid is accepted and a Contract is awarded by OWNER, said Surety will execute and deliver both a Performance Bond and Payment Bond as required by the Contract Documents. 6.3. Joint Venture Agreement. If the Bidder is a joint venture, partnership or other combination of two or more persons or entities, the Bidder shall submit a copy of the joint venture or other Agreement by which such joint venture, partnership, or other association has been formed, executed by all such participating persons or entities. If the Bid is signed by less than all parties that comprise the Bidder, suitable written evidence of the authority of such signing party to bind all such parties must also be furnished. 6.4. Manufacturers List. The Bidder shall submit a completed Manufacturers list on the form provided in these Bid Documents. 6.5. Subcontractors List. The Bidder shall submit a completed Subcontractors list on the form provided in these Bid Documents to the City Engineer’s office within 24 hours of bid opening. 7. BID EVALUATION AND AWARD 7.1. Award of the Contract will be made to the lowest, most responsive and most responsible Bidder on either the Base Bid, or the combination of the Base and Alternative Bid, where the Bid is reasonable and does not exceed the funds available for the Project. The OWNER reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other irregularities in Bid Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders. 7.2. The OWNER shall have the right to reject any Bid if investigation of the Bidder fails to satisfy the OWNER that such Bidder is properly qualified to carry out the obligations and ITB-7 IN20080273.FE.DOC complete the Work. Any or all Bids will be rejected if there is reason to believe that collusion exists among Bidders. 7.3. For Contract Items and Unit Price, estimated quantities and unit prices will serve as the basis for determining the proposed price of each Bid. Patent math errors in statements of Unit Prices or Totals may be corrected by the OWNER or ENGINEER, in which case the corrected amounts will be used for the purpose of Bid evaluation, comparison and other award considerations. However, neither the OWNER nor the ENGINEER shall be required to discover or correct any error or omission in a Bid and the Bidder shall assume the risk of and be bound to the consequences of any such error or omission. 7.4. The OWNER may, at its sole option, award the Contract to a Bidder on a conditional basis to afford the Bidder additional time and opportunity to submit required Documents or to fulfill other requirements. In such case, the OWNER will furnish to the Bidder a notice of conditional award that will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be satisfied. If the Bidder fails to satisfy the conditions in the manner and within the time specified in such notice, the OWNER may declare such Bidder to be non- responsive and award the Contract, conditionally or unconditionally, to another Bidder. Time limitations governing the OWNER’s award of the Contract shall be extended for such additional period as may be required to effectuate the conditional award procedure set forth in this sub-section, and no Bid may be withdrawn during such period of extension. 8. CONTRACT EXECUTION; SUBMITTALS 8.1. Within three (3) business days after the award notice, the successful Bidder shall sign and deliver at least five (5) counterparts of the Agreement, utilizing the form thereof included in the Project Manual and make delivery thereof to the OWNER, along with other Documents as prescribed by the Contract Documents. After execution and delivery of the Agreement and other required Documents, and acceptance thereof by the OWNER, the Bid Security furnished by each Bidder will be returned to the respective Bidders upon request. 8.2. If the Bidder fails or neglects to execute and deliver the Agreement and other required Documents as prescribed by the preceding sub-section, the Bidder shall be deemed to have repudiated the Contract and thereupon the award shall be null and void; and the Bid Security provided by the Bidder shall be forfeited to and retained by the OWNER as liquidated damages for such failure of the Bidder to execute the Contract, it being understood and agreed that the character and amount of actual damages sustained by the OWNER cannot reliably be ascertained and measured and that the amount of the Bid Security is intended as a reasonable prospective estimate of such actual damages. 8.3. Concurrently with the execution and delivery of the Agreement to the OWNER, or within such other period as the OWNER may prescribe, the successful Bidder (CONTRACTOR) shall submit the following as conditions to the Bidder’s right to proceed with and receive payment for any Work: 8.3.1. A complete list of all Subcontractors to be used on the Work; ITB-8 IN20080273.FE.DOC 8.3.2. A one hundred percent (100%) Performance Bond, a one hundred percent (100%) Payment Bond and a ten percent (10%) Maintenance Bond as prescribed by the General Conditions or other Contract Documents. Such bonds shall be executed utilizing the sample forms included in the Project Manual or alternative forms approved in advance by the OWNER. Indemnification clauses between successful Bidder and the Surety shall not be binding upon the OWNER; 8.3.3. The preliminary schedules required by Paragraph 2.7 of the Standard General Conditions; 8.3.4. A schedule of wages to be paid by the Bidder and his/her Subcontractors to laborers for the Work; and 8.3.5. Other post-Bid submittals required by the Contract Documents. 9. LIQUIDATED DAMAGES 9.1. The Contract Documents provide for the payment of liquidated damages in the event of unexcused failure by the CONTRACTOR to complete the Work within the time required by the Contract Documents. 9.2. The per diem rate(s) of liquidated damages established by the preceding sub-section have been determined and are intended as reasonable prospective estimate(s) of the type and amount of actual damages that the OWNER may sustain in the event of such delay(s). Submission of a Bid shall constitute an unconditional acknowledgment and Agreement by the Bidder that such liquidated damages are fair and reasonable and do not and will not constitute a penalty, and that such liquidated damages may be assessed and recovered by the OWNER as against the successful Bidder and its Surety in lieu of actual damages for delayed completion. END OF INSTRUCTIONS TO BIDDERS BID-1 IN20080273.FE.DOC 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: Miscellaneous West Side Road Improvements, City of Carmel Project #08-03 Proposal For Construction of : 1. Construction of a roundabout at the intersection of Spring Mill Road and Dorset. 2. Construction of a roundabout bypass lane for WB 116th Street to NB Spring Mill Road. 3. Construction of additional entry lanes on the south and east approaches of the Spring Mill Road and 131st Street Roundabout. 4. Construction of a roundabout bypass lane for EB 131st Street to SB Illinois Street. Date: _______________________________ To: City of Carmel, Indiana, Board of Public Works and Safety BID-2 IN20080273.FE.DOC PART 1 BIDDER INFORMATION (Print) 1.1 Bidder Name: 1.2 Bidder Address: Street Address: City: State: Zip: Phone: Fax: 1.3 Bidder is a/an [mark one] Individual Partnership 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-3 IN20080273.FE.DOC PART 2 BID PROPOSAL 2.1 Base Bid (Required) 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 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. 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 Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total 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. 1 CONSTRUCTION ENGINEERING LS 1 2 MOBILIZATION AND DEMOBILIZATION LS 1 3 CLEARING RIGHT OF WAY LS 1 4 PAVEMENT REMOVAL SYS 39 5 EXCAVATION, COMMON CYS 1,053 6 TEMPORARY CHECK DAM, STRAW BALES LFT 36 7 TEMPORARY DITCH INLET PROTECTION EACH 1 8 CHEMICAL MODIFICATION, SOILS SYS 4,706 9 COMPACTED AGGREGATE, NO. 53 TON 292 10 MILLING, ASPHALT, 1 1/2 IN. SYS 577 11 HMA SURFACE, TYPE C TON 407 12 HMA INTERMEDIATE, TYPE C TON 599 13 HMA BASE, TYPE B TON 1,496 14 HMA INTERMEDIATE, OG, TYPE C TON 706 15 ASPHALT FOR TACK COAT TON 5 16 CURB RAMP, CONCRETE, C SYS 8 17 CURB RAMP, CONCRETE, L SYS 8 18 SIDEWALK, CONCRETE, 4 IN. SYS 96 19 7" DECORATIVE CONCRETE TRUCK APRON CYS 19 20 CONCRETE CURB END TREATMENT EACH 2 21 CURB TURNOUT EACH 6 22 MODIFIED ROLL CURB LFT 297 23 CURB AND GUTTER, CONCRETE, TYPE II LFT 1,259 24 STRAIGHT CURB, CONCRETE LFT 1,631 25 ROLL CURB, CONCRETE LFT 94 26 TOP SOIL CYS 999 27 SODDING SYS 2,999 28 VALVE BOX, ADJUST TO GRADE EACH 3 29 CASTING, ADJUST TO GRADE EACH 3 30 FIRE HYDRANT, RELOCATE EACH 1 31 DETOUR ROUTE MARKER ASSEMBLY EACH 40 32 CONSTRUCTION SIGN, A EACH 15 33 CONSTRUCTION SIGN, B EACH 7 34 MAINTAINING TRAFFIC LS 1 35 BARRICADE, III-A LFT 5 36 BARRICADE, III-B LFT 4 Spring Mill Road and Dorset Roundabout ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PART 3A CONTRACT ITEMS AND UNIT PRICES City of Carmel Project No. 08-03 Base Bid 37 SIGN POST, SQUARE, 1, REINFORCED ANCHOR BASE LFT 164 38 SIGN, SHEET, ENCAPSULATED LENS WITH LEGEND, 0.080 IN. THICKNESS SFT 53 39 SIGN, SHEET, ENCAPSULATED LENS WITH LEGEND, 0.100 IN. THICKNESS SFT 28 40 IRRIGATION CONDUIT, 2 IN. (UNDISTRIBUTED) LFT 500 41 HANDHOLE, LIGHTING EACH 1 42 WIRE, NO.4, COPPER, IN PLASTIC DUCT, IN TRENCH, 4 1/C LFT 395 43 DECORATIVE STREET LIGHT, WIRING AND INSTALLATION EACH 4 44 LIGHTING POWER DISTRIBUTION PANEL EACH 1 45 TRANSVERSE MARKINGS, THERMOPLASTIC, CROSSWALK, WHITE, 24 IN. LFT 48 46 LINE, THERMOPLASTIC, SOLID, WHITE, 4 IN. LFT 2,389 47 TRANSVERSE MARKINGS, PAINT, SOLID, YELLOW CROSSHATCH LINE, 8 IN. LFT 114 48 LINE, THERMOPLASTIC, SOLID, YELLOW, 4 IN. LFT 2,414 49 SNOWPLOWABLE RAISED PAVEMENT MARKER EACH 2 50 PAVEMENT MESSAGE MARKING, THERMOPLASTIC, "SHARK'S TEETH" LFT 59 51 LINE, THERMOPLASTIC, BROKEN, WHITE, 6 IN. (3' LINE, 3' GAP) LFT 31 PART 3A TOTAL: 1 CONSTRUCTION ENGINEERING LS 1 2 MOBILIZATION AND DEMOBILIZATION LS 1 3 CLEARING RIGHT OF WAY LS 1 4 PAVEMENT REMOVAL SYS 100 5 CURB AND GUTTER, REMOVE LFT 382 6 SIGN, SHEET, REMOVE EACH 4 7 SIDEWALK, REMOVE SYS 508 8 INLET, REMOVE EACH 2 9 EXCAVATION, COMMON CYS 198 10 TEMPORARY EROSION AND SEDIMENT CONTROL, CURB INLET PROTECTION EACH 5 11 TEMPORARY SILT FENCE LFT 453 12 STRUCTURE BACKFILL, TYPE 1 CYS 11 13 CHEMICAL MODIFICATION, SOILS SYS 1,233 14 COMPACTED AGGREGATE, NO. 53, BASE TON 268 15 MILLING, ASPHALT, 1 1/2 IN. SYS 425 16 HMA SURFACE, TYPE A TON 27 17 HMA SURFACE, TYPE C TON 51 18 HMA INTERMEDIATE, TYPE A TON 81 19 HMA INTERMEDIATE, TYPE C TON 68 20 HMA INTERMEDIATE OG, TYPE C TON 131 21 HMA BASE, TYPE C TON 255 22 ASPHALT FOR TACK COAT TON 1 23 CURB RAMP, CONCRETE, G SYS 70 24 CURB AND GUTTER, CONCRETE, TYPE III LFT 104 25 CURB AND GUTTER, CONCRETE, TYPE II LFT 448 26 DECORATIVE PAD, CONCRETE, 7 IN. LFT 40 27 TOP SOIL CYS 180 28 SODDING SYS 536 29 PIPE, TYPE 2, CIRCULAR, 12 IN. LFT 47 30 PIPE END SECTION, 12 IN. EACH 1 31 CASTING, ADJUST TO GRADE EACH 1 32 INLET, J10 EACH 1 33 INLET, M10 EACH 1 34 MAINTAINING TRAFFIC LS 1 35 SIGN POST, SQUARE, 1, REINFORCED ANCHOR BASE LFT 33 36 SIGN, SHEET, RELOCATE EACH 2 Roundabout Bypass Lane, WB 116th Street to NB Spring Mill Road ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PART 3B CONTRACT ITEMS AND UNIT PRICES City of Carmel Project No. 08-03 Base Bid 37 SIGN, SHEET, ENCAPSULATED LENS WITH LEGEND, 0.080 IN. THICKNESS SFT 6 38 SIGN, SHEET, ENCAPSULATED LENS WITH LEGEND, 0.100 IN. THICKNESS SFT 18 39 HANDHOLE EACH 1 40 WIRE, NO.4, COPPER, IN PLASTIC DUCT, IN TRENCH, 4 1/C LFT 55 41 DECORATIVE STREET LIGHT, RELOCATION EACH 1 42 PAVEMENT MESSAGE MARKINGS, REMOVE EACH 3 43 LINE, THERMOPLASTIC, BROKEN, WHITE, 4 IN. LFT 47 44 LINE, THERMOPLASTIC, SOLID, WHITE, 4 IN. LFT 100 45 LINE, THERMOPLASTIC, SOLID, WHITE, 8 IN. LFT 157 46 TRANSVERSE MARKINGS, THERMOPLASTIC, CROSSWALK LINE, 6 IN. LFT 65 47 PAVEMENT MESSAGE MARKINGS, THERMOPLASTIC, LANE INDICATION ARROW EACH 3 48 PAVEMENT MESSAGE MARKINGS, THERMOPLASTIC, WORD (ONLY) EACH 2 49 LINE, THERMOPLASTIC, SOLID, WHITE, 12 IN. LFT 27 50 LINE, THERMOPLASTIC, BROKEN, WHITE, 6 IN. (3' LINE, 3' GAP) LFT 68 51 PAVEMENT MESSAGE MARKING, THERMOPLASTIC, "FISHHOOK ARROW" EACH 4 52 PAVEMENT MESSAGE MARKING, THERMOPLASTIC, "SHARK'S TEETH" LFT 35 PART 3B TOTAL: 1 Construction Engineering LS 1 2 Mobilization and Demobilization LS 1 3 Clearing Right-of-Way LS 1 4 Concrete Curb, Remove LFT 781 5 Concrete Center Curb, Remove SYS 7 6 Concrete Curb Ramp, Remove SYS 27 7 Sign and Support, Remove EA 2 8 Asphalt Milling, 1.5 in. SYS 1,526 9 Linear Grading LFT 483 10 Temporary Silt Fence LFT 124 11 Subgrade Treatment, Type IA SYS 798 12 Compacted Aggregate, No. 53, Base TON 88 13 HMA Surface, Type C TON 126 14 Widening with HMA, Type C TON 396 15 HMA Surface, Type A TON 26 16 HMA Intermediate, Type A TON 35 17 Curb Ramp, Concrete SYS 40 18 Combined Curb and Gutter Type II LFT 483 19 Combined Curb and Gutter Type III LFT 240 20 Straight Concrete Curb LFT 16 21 Center Curb, D, Concrete SYS 6 22 Water kGAL 2 23 Topsoil CYS 38 24 Sodding, Nursery SYS 340 25 Pipe, Type 4, Circular, 6 in. Double Wall, Smooth Interior LFT 449 26 Aggregate for Underdrain CYS 41 27 Geotextiles for Underdrain SYS 308 28 Construction Sign, A EA 14 29 Maintaining Traffic LSUM 1 30 Sign Post, Square, 1, Reinforced Anchor Base LFT 73 31 Sign , Sheet, Encapsulated Lens with Legend, 0.080 in. SFT 22 32 Reset Decorative Street Sign Assembly EA 1 33 Sign, Sheet Relocation EA 3 34 Concrete Foundation with Grounding, 30 in. Diameter x 96 in. EA 1 35 Reset Street Light Pole Assembly EA 1 36 Wire, No. 4, Copper, In Plastic Duct, In Trench, 4 1/C LFT 17 PART 3C CONTRACT ITEMS AND UNIT PRICES City of Carmel Project No. 08-03 Base Bid Additional Entry Lanes for Spring Mill Road and 131st Street Roundabout ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 37 Line, Thermoplastic, Dotted White, 8 in. 2' Line, 2' Gap LFT 133 38 Line, Thermoplastic, Dotted White, 4 in. 2' Line, 6' Gap LFT 100 39 Line, Thermoplastic, Solid, White, 4 in. LFT 510 40 Line, Thermoplastic, Solid, Yellow, 4 in. LFT 37 41 Snowplowable Raised Pavement Marker EA 4 42 Pavement Message Markings, Thermoplastic, Lane Indication Arrow EA 4 43 Pavement Message Markings, Thermoplastic, Word (ONLY) EA 2 44 Transverse Markings, Thermoplastic, Crosswalk Line, 24 in. LFT 96 45 Transverse Markings, Thermoplastic, White Yield Line, 27 in. LFT 30 46 Restore Landscape and Irrigation System LSUM 1 PART 3C TOTAL: 1 Construction Engineering LS 1 2 Mobilization and Demobilization LS 1 3 Clearing Right-of-Way LS 1 4 Concrete Curb, Remove LFT 296 5 Concrete Curb Ramp, Remove SYS 9 6 Sign and Support, Remove EA 2 7 Asphalt Milling, 1.5 in. SYS 547 8 Linear Grading LFT 274 9 Temporary Drop Inlet Protection EA 1 10 Temporary Silt Fence LFT 263 11 Subgrade Treatment, Type IA SYS 444 12 Compacted Aggregate, No. 53, Base TON 50 13 Colored and Jointed Concrete, 7" SYS 39 14 HMA Surface, Type C TON 45 15 Widening with HMA, Type C TON 250 16 HMA Surface, Type A TON 15 17 HMA Intermediate, Type A TON 25 18 Curb Ramp, Concrete SYS 39 19 Combined Curb and Gutter Type II LFT 274 20 Straight Concrete Curb LFT 97 21 Center Curb, D, Concrete SYS 2 22 Water kGAL 1 23 Topsoil CYS 27 24 Sodding, Nursery SYS 242 25 Pipe, Type 4, Circular, 6 in. Double Wall, Smooth Interior LFT 270 26 Aggregate for Underdrain CYS 25 27 Geotextiles for Underdrain SYS 186 28 Structure No. 2 LSUM 1 29 Structure No. 3 LSUM 1 30 Structure No. 4 LSUM 1 31 Construction Sign, A EA 10 32 Maintaining Traffic LSUM 1 33 Sign Post, Square, 1, Reinforced Anchor Base LFT 37 34 Sign , Sheet, Encapsulated Lens with Legend, 0.080 in. SFT 11 35 Sign, Sheet Relocation EA 2 36 Concrete Foundation with Grounding, 30 in. Diameter x 96 in. EA 1 PART 3D CONTRACT ITEMS AND UNIT PRICES City of Carmel Project No. 08-03 Base Bid Roundabout Bypass Lane for EB 131st Street to SB Illinois Street ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 37 Reset Street Light Pole Assembly EA 1 38 Wire, No. 4, Copper, In Plastic Duct, In Trench, 4 1/C LFT 80 39 Cable Duct Marker EA 1 40 Wire, No. 4, Copper, In 2 in. Galvanized Steel Conduit, 4 1/C LFT 105 41 Conduit, Steel, Galvanized, 2" LFT 28 42 Line, Thermoplastic, Dotted White, 8 in. 2' Line, 2' Gap LFT 22 43 Line, Thermoplastic, Dotted White, 4 in. 2' Line, 6' Gap LFT 77 44 Line, Thermoplastic, Solid, White, 4 in. LFT 301 45 Snowplowable Raised Pavement Marker EA 4 46 Pavement Message Markings, Thermoplastic, Lane Indication Arrow EA 2 47 Pavement Message Markings, Thermoplastic, Word (ONLY) EA 1 48 Transverse Markings, Thermoplastic, Crosswalk Line, 24 in. LFT 112 49 Transverse Markings, Thermoplastic, White Yield Line, 27 in. LFT 8 50 Restore Landscape and Irrigation System LSUM 1 PART 3D TOTAL: PART 3A TOTAL: PART 3B TOTAL: PART 3C TOTAL: PART 3D TOTAL: BASE BID TOTAL : SUBMITTED BY: SIGNATURE TITLE: ADDRESS: 1 EXCAVATION, COMMON CYS 974 2 CHEMICAL MODIFICATION, SOILS SYS 4,743 3 MILLING, ASPHALT, 1 1/2 IN. SYS 111 4 HMA SURFACE, TYPE C TON 305 5 HMA INTERMEDIATE, TYPE C TON 494 6 HMA INTERMEDIATE, OG, TYPE C TON 559 7 HMA BASE, TYPE C TON 1,209 8 ASPHALT FOR TACK COAT TON 3 9 STRAIGHT CURB, CONCRETE LFT 1,877 10 CURB AND GUTTER, CONCRETE, TYPE II LFT 1,896 11 CURB TURNOUT EACH 8 12 TOP SOIL CYS 410 13 SODDING SYS 1,230 14 CASTING, ADJUST TO GRADE EACH 2 15 SIGN, RELOCATE EACH 1 16 LINE, THERMOPLASTIC, SOLID, WHITE, 4 IN. LFT 1,896 17 LINE, THERMOPLASTIC, SOLID, YELLOW, 4 IN. LFT 1,877 18 19 20 21 22 ALTERNATE BID TOTAL: SUBMITTED BY: SIGNATURE TITLE: ADDRESS: Spring Mill Road Improvements between Dorset and 131st Street ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PART 3E CONTRACT ITEMS AND UNIT PRICES City of Carmel Project No. 08-03 Alternate Bid BID-8 IN20080273.FE.DOC 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 BID-9 IN20080273.FE.DOC 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: BID-10 IN20080273.FE.DOC 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 No. 96a and No. 102, entitled “Standard Questionnaires and Financial Statement for Bidders”. BID-11 IN20080273.FE.DOC PART 7 ADDITIONAL DECLARATIONS 7.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status, or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 7.2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and informed himself/herself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands and accepts the existing conditions. The Bidder further certifies that he/she has thoroughly reviewed the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarifications concerning Contract Documents. BID-12 IN20080273.FE.DOC 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: Written Signature: Printed Name: Title: Important - Notary Signature and Seal Required in the Space Below STATE OF _____________________ SS: COUNTY OF ____________________ Subscribed and sworn to before me this ______ day of _____________________, 20 ___. My commission expires: _________ (Signed)____________________________ Printed:_____________________________ Residing in ___________________ County, State of______________________ POSTBID-1 IN20030661.C1.FE.DOC POST BID SUBMITTAL SEE ITB SECTION 6.4 MANUFACTURERS LIST Instructions To Bidders: The Bidder shall enter, in the spaces provided below, the name of the manufacturer of equipment that the Bidder proposes to furnish for each item of equipment listed in the Manufacturers List which follows. The Bidder shall enter the name of only one manufacturer for each listed equipment item. Failure to enter a manufacturer’s name for each listed equipment item may render the Bid non-responsive if it is determined that such omission is material by affording the Bidder a substantial advantage over other Bidders. Upon award of a contract, each listed equipment item shall be furnished by the named manufacturer, unless changes are specifically authorized. Equipment substitutions will be permitted only with the OWNER’s prior consent. Preliminary acceptance of equipment listed by the manufacturer’s name shall not in any way constitute a waiver of the Drawing and Specification requirements covering such equipment. Acceptance will be based on full conformity with the Drawings and Specifications covering the equipment. Equipment Item (Contract Items) Manufacturer ______________________________________________________________________________ POSTBID-2 IN20030661.C1.FE.DOC POST BID SUBMITTAL SEE SECTIONS ITB 6.5 SUBCONTRACTORS LIST Instructions To Bidders: The Bidder shall enter the names and the type of work to be done in the Subcontractors List which follows for each Subcontractor that the Bidder proposes to use for the Work who will be providing work for an agreed price of five percent (5%) or greater of the amount Bid as stated above in Part 2. Only one Subcontractor shall be listed for each work item. Upon award of a contract, the named Subcontractors shall be employed to perform the work, unless changes are specifically authorized by the OWNER. Failure to furnish all information requested may render the Bid non-responsive if it is determined that such omission is material by affording the Bidder a substantial advantage over other Bidders. Except as otherwise specifically stated by the Bidder in this Part, omission of any names of Subcontractors herein shall constitute an affirmative representation and statement that the Bidder proposes to use his own work forces for most of the Work such that he will have no Subcontractors providing work in the amount of five percent (5%) or greater of the amount Bid. Subcontractor Name Work Price (use additional sheets if necessary) BB-1 IN20080273.FE.DOC BID BOND City of Carmel Instructions To Bidders Bidders may use this form or other form containing the same material conditions and provisions as approved in advance by OWNER/Obligee. Bidder/Surety must attach a signed, certified and effective dated copy of the Power of Attorney or Attorney-In-Fact establishing the authority of the person(s) signing this Bid Bond on behalf of the Surety. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS, that the undersigned “Bidder”: and “Surety”: [Name] [Address] , a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana (“Obligee”) in the full and just sum equal to ten percent (10%) of the price stated in the Bid Proposal described in Part 2, including accepted alternates, if any, to be paid upon demand of the Obligee, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally and firmly by these presents. Ten percent (10%) of the price stated in the Bid Proposal is $_________________. WHEREAS, the Obligee has solicited Bids for certain Work for or in furtherance of construction of public improvements described generally as Miscellaneous West Side Road Improvements Carmel Project No. 08-03 1. Construction of a roundabout at the intersection of Spring Mill Road and Dorset. 2. Construction of a roundabout bypass lane for WB 116th Street to NB Spring Mill Road. 3. Construction of additional entry lanes on the south and east approaches of the Spring Mill Road and 131st Street Roundabout. 4. Construction of a roundabout bypass lane for EB 131st Street to SB Illinois Street. pursuant to plans, specifications and other “Contract Documents” included as parts of and designated by such solicitation; and BB-2 IN20080273.FE.DOC WHEREAS, the Bidder has submitted to the Obligee a Bid Proposal to perform such Work. NOW THEREFORE: The conditions of this obligation are such that if the Bid Proposal be accepted, with or without conditions, the Bidder shall within such time thereafter as prescribed by the Contract Documents (i) fulfill all conditions of such award that remain to be fulfilled, (ii) execute a Contract in accordance with the Bid Proposal and in the form and manner required by the Contract Documents, and (iii) thereafter provide all bonds, and other Documentation required by the Contract Documents to be delivered to Obligee prior to commencing Work, including without limitation a sufficient and satisfactory Performance Bond and Payment Bond payable to Obligee, each in an amount of one hundred percent (100%) of the total Contract price as awarded and in form and with surety satisfactory to said Obligee, then this obligation to be void; otherwise to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Bidder to comply with any or all of the foregoing requirements within the time specified above and as prescribed by the Contract Documents, immediately pay to the Obligee, upon demand, the amount hereof, in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. IN TESTIMONY THEREOF, the Bidder and Surety have caused this instrument to be duly signed and sealed this day of , 20 . This Bid Bond shall bind the undersigned Surety whether or not also signed by the Bidder. “Bidder” “Surety” By: By: Printed: Printed: Countersigned: MB-1 IN20080273.FE.DOC MAINTENANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Miscellaneous West Side Road Improvements Carmel Project No. 08-03 1. Construction of a roundabout at the intersection of Spring Mill Road and Dorset. 2. Construction of a roundabout bypass lane for WB 116th Street to NB Spring Mill Road. 3. Construction of additional entry lanes on the south and east approaches of the Spring Mill Road and 131st Street Roundabout. 4. Construction of a roundabout bypass lane for EB 131st Street to SB Illinois Street. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; MB-2 IN20080273.FE.DOC WHEREAS, CONTRACTOR has installed and completed and met all improvements, installations and requirements applicable to the above described Work, but said improvements and installations have not yet been accepted for public maintenance; and WHEREAS, the OWNER requires a guarantee from the CONTRACTOR against defective materials and workmanship in connection with such maintenance. NOW, THEREFORE, CONTRACTOR warrants the workmanship and all materials used in the construction, installation and completion of said Work, including all improvements and installations thereof, to be of good quality and constructed and completed in a workmanlike manner in accordance with the Agreement and Contract Documents and all local, state and federal laws, ordinances, rules, standards and regulations applicable to said Work; FURTHERMORE, the conditions of the Surety’s obligation hereunder are such that if CONTRACTOR at his own expense, for a period of three (3) years after said Work, improvements and installations are accepted for public maintenance by the OWNER, shall make all repairs or replacements thereto which may become necessary by reason of improper or defective workmanship or materials, or any failure thereof to conform to the provisions of the Agreement or Contract Documents, then Surety’s obligation is to be null and void; otherwise such obligation shall remain in full force and effect. Any repairs or replacements made under this bond shall in like manner be subject to the terms and conditions hereof. MB-3 IN20080273.FE.DOC CONTRACTOR and Surety covenant that all action required by law to be taken by them to authorize the execution and delivery of this bond have been previously taken, that the officers whose signatures appear below have been fully empowered to execute and deliver this instrument and that once executed and delivered, it shall represent the lawful and binding obligation of the parties. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] PMB-1 IN20080273.FE.DOC PAYMENT BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, plus interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Miscellaneous West Side Road Improvements Carmel Project No. 08-03 1. Construction of a roundabout at the intersection of Spring Mill Road and Dorset. 2. Construction of a roundabout bypass lane for WB 116th Street to NB Spring Mill Road. 3. Construction of additional entry lanes on the south and east approaches of the Spring Mill Road and 131st Street Roundabout. 4. Construction of a roundabout bypass lane for EB 131st Street to SB Illinois Street. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; PMB-2 IN20080273.FE.DOC NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall promptly make payments of all amounts due to all Claimants, then this obligation shall be void; otherwise to remain in full force and effect. “Claimant” shall mean any Subcontractor, material supplier or other person, firm, or corporation furnishing materials or equipment for or performing labor or services in the prosecution of the Work provided for in such Agreement, including lubricants, oil, gasoline, coal and coke, repairs on machinery, and tools, whether consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work. PMB-2 IN20080273.FE.DOC PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the contract or in the proceedings preliminary to the letting of the Agreement will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and 4. that this Payment Bond and Surety shall not be released until one (1) year after the OWNER’s final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] PFB-1 IN20030661.C1.FE.DOC PERFORMANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Miscellaneous West Side Road Improvements Carmel Project No. 08-03 1. Construction of a roundabout at the intersection of Spring Mill Road and Dorset. 2. Construction of a roundabout bypass lane for WB 116th Street to NB Spring Mill Road. 3. Construction of additional entry lanes on the south and east approaches of the Spring Mill Road and 131st Street Roundabout. 4. Construction of a roundabout bypass lane for EB 131st Street to SB Illinois Street. PFB-2 IN20080273..FE.DOC which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall well, truly and faithfully perform his duties, all the undertakings, covenants, terms and conditions of said Agreement whether during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during any period of guaranty or warranty provided therein or arising thereunder, and if CONTRACTOR shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which he may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PFB-2 IN20080273..FE.DOC PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the Contract or in the proceedings preliminary to the letting of the Contract will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and that this Performance Bond and Surety shall not be released until one (1) year after the OWNER’s final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] A-1 IN20080273.FE.DOC AGREEMENT City of Carmel, Indiana THIS AGREEMENT is made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“OWNER”) and (“CONTRACTOR”), concerning the project (“Miscellaneous West Side Road Improvements, City of Carmel Project #08-03”) described more particularly in Appendix A which is attached hereto and incorporated herein by reference. RECITALS: A. The OWNER has heretofore caused to be prepared certain plans, specifications and other documents (collectively, the “Contract Documents”) as hereinafter listed pertaining to the Project, and the CONTRACTOR has filed a bid proposal (“Proposal”) to furnish labor, tools, material, equipment and/or services, and to perform the work (“Work”) called for in the Contract Documents pertaining to the Project, upon the terms and for the price(s) therein fully stated and set forth; and B. The said Contract Documents accurately and fully describe the terms and conditions upon which the CONTRACTOR is willing to furnish the labor, tools, material, equipment, services, and perform the Work called for by the Contract Documents and in the manner and time and for the price(s) set forth therein. THE OWNER AND CONTRACTOR AGREE AS FOLLOWS: 1.0 Contract Documents 1.1 This Agreement consists of the following Contract Documents all of which are as fully a part of this Agreement as if set out verbatim herein or attached hereto and the same do in all particulars become the Agreement between the parties hereto in all matters and things set forth herein and described: a. This Agreement, including any attachments hereto; b. All Addenda issued prior to receipt of bid proposals, whether or not receipt thereof has been acknowledged by CONTRACTOR in its Proposal; c. The Specifications; d. The Additional Requirements; e. Notice to Bidders; f. Instructions to Bidders; g. Plans and Drawings; h. Performance, Payment and Maintenance Bonds; i. CONTRACTOR’S Itemized Proposal and Declarations; and j. All other documents defined as Contract Documents in any of the above listed documents. A-2 IN20080273.FE.DOC 1.2 In resolving conflicts, errors, discrepancies and disputes concerning the nature, character, scope and/or extent of Work to be performed or furnished by the CONTRACTOR hereunder, or other rights and obligations of the OWNER and/or CONTRACTOR, the provision of a Contract Document expressing the greater quantity, quality or scope of the Work, or imposing a greater obligation upon the CONTRACTOR, or affording a greater right or remedy to OWNER, shall govern, without regard to the party who drafted such provision; otherwise, the Documents shall be given precedence in the order as listed in paragraph 1.1 herein above. 2.0 Contract Price 2.1 The CONTRACTOR shall, in strict conformity with the Contract Documents, furnish all necessary labor, tools, materials, equipment, services, assume and fulfill all obligations, and perform all Work required to construct, complete, and make ready for use by the OWNER at the Unit Prices as quoted in the Proposal for a total contract price not to exceed $ Base Bid, subject to any additions or deletions based on actual approved quantities of the respective unit price items, which price the CONTRACTOR agrees to accept as full payment for all such Work actually performed and accepted as described in the “Contract Items and Unit Prices specification” and other Contract Documents (the “Contract Price”). The CONTRACTOR agrees that each unit price shall be deemed full and complete compensation for all direct and indirect costs for the each respective item of Work, including, without limitation, all materials, labor, supervision, equipment, transportation, warranties, repairs, replacement, overhead, and profit for the item, complete and in place. 2.2 The above stated Contract Price will be paid to the CONTRACTOR in the manner and at such times as set forth in the Contract Documents. 3.0 Contract Time 3.1 It is hereby understood and mutually agreed, by and between the CONTRACTOR and OWNER, that the date of commencement and the time for completion of the Work as specified in the Contract Documents are essential conditions of this Agreement. 3.2 The CONTRACTOR agrees that the Work shall be commenced no later than the date indicated in the Notice to Proceed to be provided by OWNER to CONTRACTOR and that the Work shall be performed regularly, diligently and without interruption at such a rate of progress as will insure “Substantial Completion” of the Project, including completion of performance testing and such remedial work as may be required by the OWNER, by the dates specified in the Contract Documents. 3.3 The CONTRACTOR and OWNER acknowledge and agree that the time allotted by this Agreement for the performance and completion of the Work is reasonable and takes into account any and all risks and adverse conditions which may befall the CONTRACTOR hereunder. 4. Effective Date This Agreement shall be deemed effective as of the date and year on which the last of the parties hereto, or their representative, executes same. A-3 IN20080273.FE.DOC 5. Miscellaneous Provisions 5.1 OWNER’s Property Any and all documentation (other than original tracings and original calculations) generated by CONTRACTOR pursuant to this Agreement shall be considered OWNER’s exclusive property and shall be disclosed only to OWNER and to no other person without OWNER’s prior express written consent. CONTRACTOR shall keep confidential all working and deliberative material pursuant to IC 5-14-3-4. 5.2 Termination Except as expressly stated to the contrary herein, this Agreement may be suspended and/or terminated upon such terms as are set forth in Article 14 of the City of Carmel, Standard General Conditions for Construction Contracts 2003 (the “General Conditions”), as incorporated herein by this reference. In the event any amount allegedly due hereunder is disputed and such dispute is not resolved to OWNER’s satisfaction within ten (10) business days after notice of such dispute is given to CONTRACTOR, OWNER shall pay such amount as is in dispute, under protest, into the City Court of Carmel, which Court shall hold such money until notified of a resolution signed by both parties hereto or until a final judgment is entered thereon. 5.3 Binding Effect OWNER and CONTRACTOR and their respective officers, officials, partners, successors, executors, administrators, assigns, and legal representatives are bound by this Agreement to the other party hereto and to the officers, officials, partners, successors, executors, administrators, assigns and legal representatives of such other party in all respects as to all covenants, agreements and obligations contained and/or incorporated herein. 5.4 No Third Party Beneficiaries Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER or CONTRACTOR. 5.5 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and CONTRACTOR, as well as its agents, employees, contractors, subcontractors, outside sources and other persons shall in no fashion be deemed to be an employee of OWNER. Furthermore, CONTRACTOR shall be solely responsible for payment to or for its agents, employees, contractors, subcontractors, outside sources and other persons all statutory, contractual and other compensation, benefits and obligations due thereto, and OWNER shall not be responsible for same. Rather, the Contract Price to be paid hereunder by OWNER to CONTRACTOR shall, subject to the terms and conditions hereof, be the full and maximum compensation and monies required of OWNER to be paid to CONTRACTOR pursuant to this Agreement. A-4 IN20080273.FE.DOC 5.6 Insurance CONTRACTOR shall maintain such bonds and insurance as are set forth in Article 5 of the General Conditions. 5.7 Indemnification CONTRACTOR shall indemnify and hold harmless OWNER, its officers, officials, employees, agents and legal representatives, from all losses, liabilities, claims, judgments and liens, including, but not limited to, all costs, expenses and attorney fees, arising out of any intentional or negligent act or omission of CONTRACTOR and/or any of its agents, employees, contractors, subcontractors, outside sources and/or other persons in the performance of this Agreement. The failure to do so shall constitute a material breach of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 5.8 Setoff In addition to any right of setoff provided by law, all amounts due CONTRACTOR shall be considered net of indebtedness of CONTRACTOR to OWNER, and OWNER may deduct any amounts due or to be come due from CONTRACTOR to OWNER from any sums due or to become due from OWNER to CONTRACTOR hereunder. 5.9 Government Compliance CONTRACTOR agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which may be applicable to CONTRACTOR’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. CONTRACTOR agrees to indemnify and hold harmless OWNER from any loss, damage or liability resulting from any violation of such laws, orders, rules, regulations, codes and/or ordinances. This indemnification obligation shall survive the termination of this Agreement. 5.10 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be stricken and all other provisions of this Agreement that can operate independently of such stricken provision shall continue in full force and effect. 5.11 Notice. Any notice, invoice, order, or other correspondence required or permitted to be sent under or pursuant to this Agreement shall be in writing and either hand-delivered or sent by postage prepaid, US Certified mail, return receipt requested, addressed to the parties at the following address: OWNER: CONTRACTOR: A-5 IN20080273.FE.DOC City of Carmel ______________________________ Board of Public Works and Safety ______________________________ One Civic Square ______________________________ Carmel, IN 46032 ______________________________ Attention: Michael McBride, PE, City Engineer (with a copy to City Attorney, Department of Law, same address) Notwithstanding the above, a Notice To Cease All Work issued under or pursuit to Paragraph 5.2 hereinabove may be orally given, as long as such notice is thereafter followed by written notice as provided in this Paragraph 5.11 within five (5) business days of the date of such oral notice. 5.12 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as with all municipal ordinances and codes of the City of Carmel. The parties further agree that, in the event a lawsuit is filed hereunder, they waive any rights to a jury trial they may have, 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. 5.13 Waiver Any delay or partial inaction on the part of OWNER in exercising or pursuing any right and/or remedy provided hereunder or by law shall not operate to waive any such rights or remedies. 5.14 Exhibits All exhibits and/or appendices referenced herein, whether marked “Exhibit”, “Appendix”, or by some other title, shall be considered a part of this Agreement. 5.15 Prior Agreements This Agreement contains all of the agreements of the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, representations, and/or contracts, either oral or written, respective thereto. 5.16 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that such party, in executing this Agreement, has the authority to bind such party or the party that it represents, as the case may be. 5.17 Headings All headings 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 provisions hereof. A-6 IN20080273.FE.DOC 5.18 Advice of Counsel The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, have had the opportunity for the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily and without any duress, undue influence, coercion or promise of benefit, except as expressly set forth herein. 5.19 Entire Agreement This Agreement, together with any attachments 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 5.10 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail, unless the parties hereto, or their successors in interest, expressly and in writing agree otherwise. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. A-7 IN20080273.FE.DOC IN WITNESS WHEREOF, the parties hereto set their hand on the dates below written : OWNER: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety CONTRACTOR: BY: James Brainard, Presiding Officer BY: Date: ____________ Printed Name: Mary Ann Burke, Member Title: Date: Date: Lori Watson, Member Date: ATTEST: Diana Cordray, Clerk-Treasurer Date: A-8 IN20080273.FE.DOC APPENDIX A PROJECT: Miscellaneous West Side Road Improvements City of Carmel Project Number 08-03 WORK: As described by the Project plans and Contract Documents including, but not limited to: 1. Construction of a roundabout at the intersection of Spring Mill Road and Dorset. 2. Construction of a roundabout bypass lane for WB 116th Street to NB Spring Mill Road. 3. Construction of additional entry lanes on the south and east approaches of the Spring Mill Road and 131st Street Roundabout. 4. Construction of a roundabout bypass lane for EB 131st Street to SB Illinois Street. DESIGN BY: American Structurepoint, Inc. 7260 Shadeland Station Indianapolis, IN 46256-3957 (317) 547-5580 Fax: (317) 543-0270 Copyright © 1966-2008 by American Structurepoint, Inc. CrossRoad Engineers PC 3417 Sherman Drive Beech Grove, IN 46107 Attn: Jay Vorisek (317) 780-1555 Fax: (317) 780-6525 OWNER’S REPRESENTATIVE: Michael McBride, PE City Engineer City of Carmel One Civic Square Carmel, IN 46032 AR-1 IN20080273.FE.DOC ADDITIONAL REQUIREMENTS Following are sample forms proposed to be used for the issuance of change orders, field orders, and work directive changes. Questions regarding the procedure for development, submittal, and processing of these forms can be addressed by contacting the City of Carmel Engineering Department. Procedure for the development, submittal, and processing of these forms will be discussed during the pre-construction conference. AR-2 IN20080273.FE.DOC CITY OF CARMEL OWNER: CITY OF CARMEL FIELD ORDER NUMBER DATE: PROJECT NAME: PROJECT NO: You are hereby directed to execute promptly this Field Order, which interprets the Contract Documents or orders minor changes in the Work without change in Contract Price or Contract Time. If you consider that a change in Contract Price or Contract Time is required, please submit your itemized proposal to the ENGINEER immediately and before proceeding with this Work. If your proposal is found to be satisfactory and in proper order, this Field Order will in that event be superseded by a Change Order. __________________________________________________________________ Description: Attachments: __________________________________________________________________ ENGINEER: Approved By: _______________________________________ Owners Representative Date: ___________________________________ AR-3 IN20080273.FE.DOC CITY OF CARMEL TO: WORK DIRECTIVE CHANGE NO.______________ DATE: ______________________________________ PROJECT NAME:_____________________________ PROJECT NO.: _______________________________ Specification Reference Drawing Reference: DESCRIPTION OF WORK COVERED BY THIS DIRECTIVE CHANGE: REASON FOR THIS ORDER: AUTHORIZATION: THIS WORK DIRECTIVE CHANGE AUTHORIZES THE WORK TO BE COMPLETED AS OUTLINED. A Contract Change Order in the amount of $______________ will be issued to you in the near future to cover this Work Directive Change. PROJECT COMPLETION DATE: ADD/DEDUCT/UNCHANGED ___________ DAYS. By:_______________________________ Approved By: Owner’s Representative CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY By:__________________________ James Brainard, Mayor By:__________________________ Mary Ann Burke, Member By:__________________________ Lori Watson, Member DATE:_________________________ ATTEST: ____________________________ Date: ____________________________ Diana L. Cordray, Clerk-Treasurer AR-4 IN20080273.FE.DOC CITY OF CARMEL TO: REQUEST FOR PROPOSAL NO DATE: PROJECT NAME: PROJECT NO.: Specification Reference: Drawing Reference: _____________ Drawing Date: ____________ Identification of Attachments: Please submit within fifteen (15) calendar days of this request date a proposal showing increase, decrease or no change in Contract Price and/or Contract Time. Proposal shall be accompanied by four (4) copies of breakdown showing quantities, cost of material, equipment, labor, overhead, profit and basis for the additional time if any. DESCRIPTION OF PROPOSED CHANGE COVERED BY THIS REQUEST: REASON FOR CHANGE: SPECIAL INSTRUCTIONS: THIS REQUEST DOES NOT AUTHORIZE YOU TO PROCEED WITH THE ABOVE WORK NOR STOP PREVIOUSLY SCHEDULED WORK. Upon approval a Contract Change Order and a Notice To Proceed will be issued. Please state in your proposal the effect the acceptance of this Request will have on the Project’s Substantial Completion and Final Completion, if accepted within ___ days of proposal due date. YOUR PROPOSAL DUE DATE: _____________________________________ By: _____________________________________ _________________ Engineer Date Approved By: _________________________________ Owners Representative AR-5 IN20080273.FE.DOC CITY OF CARMEL TO: CONTRACT CHANGE REQUEST NO.: DATE: PROJECT NAME: FROM: IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE REFERENCED CONTRACT. 1. SCOPE OF WORK (USE ADDITIONAL PAGES IF REQUIRED. ALSO LIST OTHER CONTRACTS INVOLVED.) __________________________________________________________ __________________________________________________________ 2. REASON FOR CHANGE: _____________________________________________________________ _____________________________________________________________ 3. APPROXIMATE COST CHANGE TO CONTRACT PRICE: _____________________ 4. WILL THE CONTRACT NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN WORK SCOPE? _____ -YES _____ -NO _____ -(CALENDAR DAYS) 5. WILL THE CONTRACTOR NEED ADDITIONAL PERSONNEL TO COMPLETE THE CHANGE IN WORK SCOPE? _____ -YES _____ -NO IF NO, TRADE(S): _____________________________________ NO. OF PERSONNEL: _________________________________ DURATION: ______________________________________ 6. IDENTIFICATION OF ATTACHMENTS: ___________________________________________________________ ___________________________________________________________ DATE: _______________________ DATE: ________________________ PREPARED REVIEWED BY:____________ REVIEWED BY:____________________________ ENGINEER Comments and Recommendation: ____________________________________________________________________ ____________________________________________________________________ AR-6 IN20080273.FE.DOC CITY OF CARMEL TO: CONTRACT CHANGE ORDER NO.: DATE: PROJECT NAME: CITY REQ. NO.: CITY PO NO.: CITY PO DATE: ______ ______________________________________________________________________________ I. You are directed to make the following changes in this Contract: (Brief Description) SCHEDULED ADJUSTMENT ITEM AMOUNT (+) OR (-) DAYS II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.: ________ W.D.C. No.: _______ Other:_____________________________________________________________________ The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $_______________________ Contract Price will be increased/decreased by this Change Order $_______________________ New Contract Price including this Change Order $_______________________ Contract Time Prior to this Change Order ______ Days _______ Completion Date Net increased/decreased resulting from this Change Order_____ Days Current Contract Time including this Change Order_____ Days _______ Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are Recommended The Above Changes Are Accepted: Approved: ENGINEER CONTRACTOR James Brainard, Mayor Address Address Mary Ann Burke, Member City/State/Zip City/State/Zip Lori Watson, Member By: _____________________ By: _____________________ ATTEST: Phone:__________________ Phone:__________________ Diana Cordray, Clerk- Treasurer Date:___________________ Date:___________________ Date: _________________ SP-01 - APPLICABLE SPECIFICATIONS Wherever Indiana Department of Transportation Standard Specifications are referenced in project documents, CONTRACTOR shall refer to the INDOT Specifications with supplemental specifications effective for lettings between September 1, 2007 and August 31, 2008. These specifications are available on INDOT’s website at: http://www.in.gov/dot/div/contracts/standards/book/index.html Wherever in the contract documents the 1999 or 2006 Standard Specifications are referenced, it shall be interpreted to mean the 2008 Standard Specifications. Wherever contract documents refer to the Department, it shall be interpreted to mean the City. APPLICABLE SPECIFICATIONS TS-01 IN20080273 SP-2 - CONSTRUCTION SCHEDULING Project plans include multiple projects on 131st Street, Spring Mill Road, 116th Street and Illinois Street, and include the closure of Spring Mill Road between 116th Street and 131st Street. CONTRACTOR shall maintain access to local traffic at all times and phase construction in accordance with the following guidelines. CONTRACTOR shall notify CITY of planned road closures no less than 2 weeks prior to anticipated closure date. CONTRACTOR shall coordinate road closures with local emergency officials, and notify emergency officials a minimum of two (2) full business days prior to any phase change. CONTRACTOR shall notify all property owners and coordinate closure of any access for the construction of driveways or entrance roadways with all property owners affected by the closure. CONTRACTOR shall coordinate road closures with the contractors working on all other projects in the area. CONTRACTOR shall not close Spring Mill Road or Dorset Boulevard until all Phase 1 construction is completed and open to traffic. Unless otherwise stated in project plans or specifications, CONTRACTOR will be expected to construct the project according to the following phases. Phase 1 Phase 1 includes the construction of a roundabout bypass lane from EB 131st Street to SB Illinois Street and additional entry lanes on the east leg of the existing roundabout at 131st Street and Spring Mill Road. All Phase 1 construction is to be completed without the need for lane closures to 131st Street or Illinois Street. Off-peak lane restrictions will be allowed. Anticipated Start Date for Phase 1: August 15, 2008 All work affecting traffic shall be completed: On or before September 15, 2008 Phase 2 Phase 2 includes the construction of a roundabout at the intersection of Spring Mill Road and Dorset Boulevard, additional entry lanes on the south leg of the existing roundabout at 131st Street and Spring Mill Road, a roundabout bypass lane at 116th Street and Spring Mill Road. If the City chooses to award the Alternate Bid, the reconstruction of Spring Mill Road between Dorset and 131st Street will also be included in Phase 2. CONSTRUCTION SCHEDULING TS-2 IN20080273 Spring Mill Road (between 116th Street and 131st Street) and Dorset Boulevard shall be closed to traffic no more than 30 days for the construction of Phase 2. CONTRACTOR shall not open the roadway until the ENGINEER has deemed the work to be substantially complete and safe for vehicular traffic in accordance with INDOT specification 107.18. Phase 2 shall not begin until Phase 1 construction is completed. Maximum closure of Spring Mill Road: 30 calendar days Final Project Completion Date: October 31, 2008 CONSTRUCTION SCHEDULING TS-2 IN20080273 SP-03 - MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) Wherever in the contract documents reference is made to the Manual on Uniform Traffic Control Devices, MUTCD, it shall be interpreted to mean the 2003 Edition of the Federal Manual on Uniform Traffic Control Devices. MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES TS-03 IN20080273 SP-04 – EXISTING CONDITIONS OF UTILITIES, ADDITIONAL R/W, ENCROACHMENTS The Standard Specifications are revised as follows: SECTION 107, AFTER LINE 690, INSERT AS FOLLOWS: 107.25 Existing Conditions of Utilities, Additional Right-of-Way, and Encroachments. Such existing conditions are as described below. (a) Utilities. The status of all utility companies and organizations potentially involved with the work to be performed are described below. The facilities of Clay Township Regional Waste District exist within the project limits, and all affected facilities are incorporated into the proposed construction. If questions arise, Shawn Pabst of the utility may be contacted at 317-844-9203. The facilities of Vectren exist within the project limits exist within the project limits, but are not expected to be affected by the proposed construction. If questions arise, Don Perdue of the utility may be contacted at 317-776-5534. The facilities of AT&T Indiana exist within the project limits, but are not expected to be affected by the proposed construction. If questions arise, Greg Cammack of the utility may be contacted at 317- 252-5134. The facilities of Duke Energy exist within the project limits but are not expected to be affected by the proposed construction. If questions arise, Cindy Rowland of the utility may be contacted at 317- 776-5341. The facilities of Carmel Water Company exist within the project limits and all affected facilities are incorporated into the proposed construction. If questions arise, John Duffy of the utility may be contacted at 317-571-2265 The facilities of BrightHouse exist within the project limits but are not expected to be affected by the proposed construction. If questions arise, Joe Evans of the utility may be contacted at 317- 339- 9075. The facilities of IPL exist within the project limits but are not expected to be affected by the proposed construction. If questions arise, Bob Stephens of the utility may be contacted at 317-261- 5203. EXISITNG CONDITIONS OF UTILITIES, ADDITIONAL R/W, ENCROACHMENTS TS-04 IN20080273 (b) Right-of-Way. All additional right-of way requirements for the contract have been cleared except for the conditions at the parcels described below. Estimated Date Parcel No. Owner Location Right-of-Entry 1. Clarian Health Partners, Inc. 116th and Spring Mill Road September 15, 2008 1. Right-of-Entry. The right-of-entry to the following properties is anticipated as set out below. The properties listed below shall not be entered until authorized in writing. No monetary claims or damages shall be made by contractor to the City of Carmel for delays or cancellation of portions of the project due to problems associated with right-of-way acquisition. Estimated Date Parcel No. Owner Location Right-of-Entry 1. Clarian Health Partners, Inc. 116th and Spring Mill Road September 15, 2008 2 Michael L. Holtsclaw & Deborah Lot 1, Spring Mill Ridge September 1, 2008 Osborne Holtsclaw 3 Edward C. Childs Lot 2, West Park at Spring Mill September 1, 2008 4 Brad W. Bryce Lot 72, West Park at Spring Mill September 1, 2008 5 Mark Eugene & Elizabeth Sunders Lot 71, West Park at Spring Mill September 1, 2008 (c) Encroachments. All known encroachments within the project limits have been removed or have been cleared to remain. (d) Environmental Permits. The approval of permits is anticipated as set out below. Estimated Date Permit of approval NOI (Rule 5) for Dorset & Spring Mill Road / 116th Street & Spring Mill July 30, 2008 (e) Preconstruction Conference Notification. The Contractor shall provide notification during the preconstruction conference about known corrections to or omissions of the information presented in 107.25(a) through 107.25(d) above. Otherwise, notification shall be provided as required in 105.06. Notifications regarding such corrections or omissions shall not alleviate the Contractor's inquiry or interpretation obligations as contained in 120 IAC 3-6-6. EXISITNG CONDITIONS OF UTILITIES, ADDITIONAL R/W, ENCROACHMENTS TS-04 IN20080273 SP-05 – COORDINATION WITH CITY SERVICES The Contractor shall coordinate construction activities with each of the City Service Providers listed below. These agencies shall be notified no less than two weeks in advance of any changes to road closures, detours or restrictions. Carmel Police Department Sergeant John McAllister Operations Division / Traffic Unit 3 Civic Square Carmel, IN 46032 Phone : (317) 571-2500 Email: jmcallister@carmel.in.gov Carmel Fire Department Fire Chief Keith D. Smith Fire Headquarters 2 Civic Square Carmel, IN 46032 Phone: (317) 571-2602 Email: ksmith@carmel.in.gov David Haboush Assistant Chief of Administration Fire Headquarters 2 Civic Square Carmel, IN 46032 Phone: (317) 571-2675 Email: dhaboush@carmel.in.gov Carmel Clay Schools Ron Farrand, Jr. Director, Facilities and Transportation Carmel Clay Schools Phone: (317) 815-3962 Email: rfarrand@ccs.k12.in.us BASIS OF PAYMENT: No direct payment will be made for coordination with City Services. Cost of all coordination shall not be paid for separately, but included in the cost of other items. COORDINATION WITH CITY SERVICES TS-05 IN20080273 SP-06 – TEMPORARY EROSION CONTROL MEASURES The standard specifications are revised as follows: SECTION 108, BEGIN LINE 107, DELETE AND INSERT AS FOLLOWS: An amended Erosion Control Plan shall be submitted in accordance with 327 IAC 15-5 for those areas not included in the Department submittal or as necessary for changes initiated by the Contractor. Items to include consist of sequencing of operations, borrow and disposal areas, and haul roads as well as any revision to the Department’s submittal. If borrow and stockpile sites are used, the Contractor shall indicate the erosion and sediment control measures to be implemented and the sequencing of the erosion and sediment control measures to be used on the sites. The Contractor shall also state where the spoil from the project, if any, will be placed. The Contractor shall provide this information following the guidelines for Rule 5 (327IAC 15-5). The Contractor shall also submit a sequencing of the erosion and sediment control measures to be used on the project to: John South Hamilton County Soil & Water Conservation District 1108 S. Ninth St. Noblesville, IN 46060-6745 Any offsite borrow, stockpile, and spoil sites must be permitted by the IDEM Notice of Intent, NOI. The Contractor shall submit either a new IDEM NOI or revise the original NOI for the project. A copy of the revised NOI or the new NOI shall be given to the Engineer. All information shall be submitted and approved prior to land disturbing activities. All appropriate erosion control items shall be in place prior to disturbing the project site. A copy of the amended plan shall be provided to the Engineer. The CONTRACTOR must contact the following: IDEM Rule 5 Coordinator 317-233-1864 Hamilton County Soil and Water Conservation District 317-773-2181 City of Carmel Engineering/MS4 317-571-2441 and provide the actual start date for construction within 48 hours of the initiation of construction activity. The CONTRACTOR must notify the following individuals of the preconstruction meeting: Amanda Foley 317-571-2441 afoley@carmel.in.gov John Thomas 317-571-2441 jthomas@carmel.in.gov Robert Beck 317-234-5028 rbeck@idem.in.gov TEMPORARY EROSION CONTROL MEASURES TS-06 IN20080273 The CONTRACTOR must provide Amanda Foley a copy of the IDEM Notice of Intent (NOI) a minimum of 48 hours prior to the start of construction at the contact information shown below: City of Carmel Engineering/MS4 c/o Amanda Foley 1 Civic Square Carmel, IN 46032 317-571-2441 afoley@carmel.in.gov In the event of an environmental spill, the CONTRACTOR shall notify IDEM immediately at 1-888-233- 7745. The Contractor shall designate one or more of its employees as an Erosion Control Supervisor. The Erosion Control Supervisor shall to be responsible for the preparation, submittal, and ensuring receipt of the approval of the amended erosion control plan. Such individual(s) shall also be responsible for obtaining all other necessary permits including the wetland inspection and archaeological record check and field survey in accordance with 203.08, and for all environmental inspections. Such individual(s) shall oversee the installation of all erosion control measures and shall conduct regular weekly and post-event inspections and perform all other tasks related to the installation, maintenance, and removal of erosion control measures. The Erosion Control Supervisor shall accompany personnel from IDEM or other governmental agencies, as required, during site visits by those agencies. And The Erosion Control Supervisor shall be responsible for completion of all reports in accordance with 205. A minimum of 10 days prior to commencing work, the Contractor shall prepare and submit to the Engineer, for approval, an erosion control plan that includes, at a minimum, the following items: (a) Locations of all proposed soil stockpiles, borrow areas, or disposal areas. (b) Locations of all proposed vehicle and equipment parking areas, vehicle and equipment fueling locations, placement of the site construction trailers, location of all on-site batch plants, and designated concrete truck washout areas. (c) Proposed construction sequence and phasing of erosion control measures. (d) Location of all construction entrances where vehicles and equipment will enter and exit the site. (e) Material handling and spill prevention plan, which shall include a list of expected materials that may be present on the site during construction operations, as well as a written description of how these materials will be handled to minimize the potential that the materials may enter the storm water runoff from the site. (f) Statements that the erosion control measures for the project shall, at a minimum, be inspected on a weekly basis and by the end of the next business day after every 1/2 in. (13 mm) rain event. TEMPORARY EROSION CONTROL MEASURES TS-06 IN20080273 (g) Monitoring and maintenance plan for erosion control measures. The name(s) of the designated individual(s) Erosion Control Supervisor shall be furnished the Engineer at, or prior to, the preconstruction meeting. Should the designated individual(s) need to be replaced during the contract, replacements shall be designated within seven calendar days and notification shall be furnished the Engineer. Permanent erosion control measures shall be incorporated into the work at the earliest practicable time as the construction progresses to stabilize the site. In order to minimize pollution to bodies of water, the practices and controls set out below shall be followed. (a) When work areas are located in or adjacent to bodies of water, such areas shall be separated by a dike or other barrier to keep contained. Sediment disturbance of these bodies of waters shall be minimized during the construction and removal of such barriers. (b) All waterways shall be cleared as soon as practicable of false-work, temporary piling, debris, or other obstructions placed during construction operations. (c) Water from aggregate washing or other operations containing sediment shall be treated by filtration, a settling basin, or other means sufficient to reduce the sediment content. (d) Pollutants such a fuels, lubricants, asphalt, sewage, wash water, or waste from concrete mixing operations, and other harmful materials shall not be discharged into existing bodies of water. (e) All applicable regulations and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the contract. Construction must be sequenced in a manner to insure positive drainage throughout the project during construction. Wherever construction plans indicate the removal and replacement of an existing structure, the replacement structure shall be installed so as not to cause adverse affects to adjoining property owners. The construction phasing should include the proper sequence and rapid stabilization of all the proposed ditches. The project shall be staged in a manner that will limit the amount of disturbed land. SECTION 108, AFTER LINE 177, INSERT AS FOLLOWS: The cost of preparation of the erosion control plan shall be included in the cost of the various erosion and sediment control items. SECTION 205, AFTER LINE 33, INSERT AS FOLLOWS: Temporary erosion control measures shall be placed as soon as possible. Silt fence and sediment traps shall be installed prior to beginning earth disturbing activities. Temporary seeding and mulching shall be placed on disturbed areas that are expected to be undisturbed for over 7 days or as directed by the Engineer. TEMPORARY EROSION CONTROL MEASURES TS-06 IN20080273 Check dams shall be installed as soon as possible in areas of construction. Once ditches are to grade, permanent erosion control measures shall be placed as soon as possible and no later than 5 workdays after ditch grading is completed. During construction, if ditch flow patterns change, erosion control measures may need to be moved or adjusted so that no areas are left unprotected. Sediment shall be removed from check dams and other erosion control measures periodically so that those measures function as intended. Pipe end sections and anchors shall be placed when the structure is installed. If the pipe end sections or anchors cannot be placed at the same time, temporary riprap splashpads shall be placed at the outlets of the pipes until the pipe end sections or anchors can be placed. All existing inlets and/or pipes shall be protected from sediment during construction using INDOT approved methods prior to capping, replacing, or removing. SECTION 205, AFTER LINE 108, INSERT AS FOLLOWS: (o) Stable Construction Entrance The Contractor shall provide a stable construction entrance at the points where construction traffic will enter onto an existing road. This entrance will serve the purpose to prevent soil from leaving the construction area and keep the existing roadway free of sediment. This entrance shall include a geotextile fabric underliner, be a minimum of 12 ft wide, 50 ft long, and constructed of 12 in. of No. 2 stone. The radii shall be large enough to accommodate the vehicles utilizing the entrance. Additional stone may be required, as directed, to maintain the usefulness of the stable construction entrance. Where there in insufficient room for a stable construction entrance, other measures shall be taken to prevent the tracking of sediment onto the pavement. The Contractor shall maintain entrances including, but not limited to, reshaping as needed for proper drainage and top dressing with clean stone as needed. The contractor is also responsible for the clean up of any debris that may be tracked onto the existing roadway from the construction site. (p) Concrete Washout The Contractor shall provide a concrete washout system in accordance with the specifications, installation, and maintenance described in the “Indiana Storm Water Quality Manual.” (q) Filter Tubes The Contractor shall install, construct, and maintain filter tubes in accordance with the “Indiana Storm Water Quality Manual.” The minimum filter tube size shall be 18 inches. (r) Dewatering Structure The Contractor shall provide dewatering structure in accordance with the specifications, installation, and maintenance described in the “The City of Carmel Stormwater Technical Standards Manual.” SECTION 205, AFTER LINE 118, DELETE AND INSERT AS FOLLOWS: 205.04 Maintenance Temporary erosion and sediment control measures shall be inspected by the Contractor’s Erosion Control Supervisor once every seven days and after each rain activities activity. Inspections shall be TEMPORARY EROSION CONTROL MEASURES TS-06 IN20080273 documented and records shall be maintained by the Contractor, to be made available for review upon request. Records shall include, at a minimum, the date, the inspector’s name, the maintenance and corrections needed based on this inspection, and the status of previously identified deficiencies. The temporary protection measures shall be returned to good working conditions within 48 hours after inspection or as directed. Sediment shall be removed as approved and disposed of in accordance with 201.03 and 203.08. Inspection records shall be kept until the entire contract is complete and has been permanently stabilized. SECTION 205, BEGIN LINE 136, DELETE AND INSERT AS FOLLOWS: 205.06 Method of Measurement Filter tubes, silt fence and straw bale check dams will be measured by the linear foot (meter). Straw bale check dams will be measured once per dam parallel to the dam and at the widest point. Sediment basins will be measured by the units installed complete in place. Revetment riprap check dams, sediment traps, and splashpads will be measured by the ton (megagram). The measurement of temporary revetment riprap check dams will include the revetment riprap and the No. 5 filter stone. Measurement of sediment traps will include the riprap and the No. 8 filter stone. Temporary mulching will be measured by the ton (megagram). Temporary seeding will be measured in accordance with 621.13. Removal of sediment will not be measured by the cubic yard (cubic meter) for payment. Revetment riprap will be measured in accordance with 616.12. Slope drains will be measured in accordance with 715.13. Ditch inlet protection will be measured per each unit installed. Construction and maintenance of stable construction entrances, concrete washout systems, and dewatering structures will not be measured for payment. SECTION 205, BEGIN LINE 156, DELETE AND INSERT AS FOLLOWS: 205.07 Basis of Payment The accepted quantities of silt fence and filter tubes will be paid for at the contract unit price per linear foot (meter), complete in place. Temporary mulching will be paid for by the ton (megagram). Temporary seeding will be paid for in accordance with 621.14. Sediment basins will be paid for at the contract unit price per each unit installed. Check dams, revetment riprap; sediment traps; and splashpads will be paid for by the ton (megagram). Check dams, straw bales will be paid for by the linear foot (meter). Revetment riprap will be paid for in accordance with 616.13. Slope drains will be paid for in accordance with 715.14. Removal of sediment will be paid for at the contract unit price per cubic yard (cubic meter) in the cost of the respective items. Ditch inlet protection will be paid for at the contract unit price per each unit installed. The cost of constructing, maintaining, and removal of stable construction entrances, concrete washout systems, and dewatering structures shall be paid for in the cost of the other temporary erosion and sediment control pay items. All materials, labor and equipment required for installation, inspection, maintenance, and removal of filter tubes will be included in the cost of the filter tubes. SECTION 205, BEGIN LINE 172, DELETE AND INSERT AS FOLLOWS: Payment will be made under: Pay Item Pay Unit Symbol Liner for Retention Pond............................................................................ LS Sediment, Remove..........................................................................CYS (m3) Splashpad, Riprap.......................................................................... TON (Mg) TEMPORARY EROSION CONTROL MEASURES TS-06 IN20080273 Temporary Check Dam, Revetment Riprap .................................. TON (Mg) Temporary Check Dam, Straw Bales ................................................LFT (m) Temporary Ditch Inlet Protection.........................................................EACH Temporary Mulching..................................................................... TON (Mg) Temporary Sediment Basin ..................................................................EACH Temporary Sediment Trap............................................................. TON (Mg) Temporary Silt Fence ........................................................................LFT (m) Temporary Slope Drain .....................................................................LFT (m) Temporary Filter Tube, 18in…………………………………………….LFT (m) SECTION 205, BEGIN LINE 210, DELETE AND INSERT AS FOLLOWS: The cost of maintenance, except for including the removal of sediments, and removal of temporary erosion and sediment control items shall be included in the cost of the respective items. TEMPORARY EROSION CONTROL MEASURES TS-06 IN20080273 SP-07 TEMPORARY CURB INLET PROTECTION All proposed inlets shall be protected from sediment during construction with the use of a stormwater curb inlet filtration bag such as the Siltsack® or approved equal. In addition, wherever the plans indicate “Curb Inlet Protection” those existing inlets shall be protected from sediment during construction with the use of a stormwater curb inlet filtration bag such as the Siltsack® or approved equal. The specifications of the Siltsack® are attached for reference. UNIT COST The cost of Curb Inlet Protection shall be paid for as “Temporary Erosion and Sediment Control, Curb Inlet Protection” per unit price for each and shall include labor, equipment, and materials required for installation and maintenance. TEMPORARY CURB INLET PROTECTION TS-07 IN20080273 TEMPORARY CURB INLET PROTECTION TS-07 IN20080273 TEMPORARY CURB INLET PROTECTION TS-07 IN20080273 TEMPORARY CURB INLET PROTECTION TS-07 IN20080273 TEMPORARY CURB INLET PROTECTION TS-07 IN20080273 TEMPORARY CURB INLET PROTECTION TS-07 IN20080273 TEMPORARY CURB INLET PROTECTION TS-07 IN20080273 TEMPORARY CURB INLET PROTECTION TS-07 IN20080273 TEMPORARY CURB INLET PROTECTION TS-07 IN20080273 SP-08 – CATCH BASIN HOODS Whenever the plans indicated a Catch Basin, a Catch Basin Hood shall be included in accordance with INDOT Standard Drawing E 720-CBST-09. The cost of Catch Basin Hoods shall not be measured for payment, but shall be included in the cost of related pay items. CATCH BASIN HOODS TS-08 IN20030661 SP-09 – REPORTING SUBCONTRACT PAYMENTS SECTION 108, AFTER LINE 28, INSERT AS FOLLOWS: The Contractor shall submit monthly reports, in a format approved by the Department, of all payments made to subcontractors. Reports shall be submitted no later than 10 days after the end of each month in which a subcontractor is paid for work on the contract. Reports shall include any release of retainage payments made to subcontractors. REPORTING SUBCONTRACT PAYMENTS TS-09 IN20080273 SP-10 – DETERMINATION AND EXTENSION OF CONTRACT TIME The Standard Specifications are revised as follows: SECTION 108, BEGIN LINE 335, DELETE AND INSERT AS FOLLOWS: The Department may order suspension of work either wholly or in part, for a period of time for certain holidays. For such orders, if the contract suspension is not stated in the contract documents, the contract completion time will be adjusted as follows: a) If the contract completion time is on a work day basis, no work days will be charged on those days that work on the controlling operation is suspended. b) If the contract completion time is on a calendar day basis, all calendar days on which work on the controlling operation is suspended will be excluded. c) If the contract completion time is a fixed calendar date, the contract will not be extended by the number of days that work on the controlling operation is suspended. d) If the contract contains an intermediate completion time, said time will be adjusted in accordance with the requirements of (a) or (b), above as appropriate, provided that the suspension occurs within the time period while the intermediate completion time is in effect. DETERMINATION AND EXTENSION OF CONTRACT TIME TS-10 IN20080273 SP-11 – CLEARING RIGHT-OF-WAY No direct payment will be made for removal of any item other than those included in the itemized bid. Cost of removing all existing trees, signs, fences, curbs, sidewalks, pipes, drainage structures, and any other encumbrance or obstruction within the right-of-way which interferes in any way with the new construction shall be included in the cost of clearing right-of-way. CLEARING RIGHT-OF-WAY TS-11 IN20080273 SP-12 – EXISTING SECTION CORNERS The Hamilton County Surveyor’s office will be responsible for referencing and reestablishing all section corners within the project limits. The CONTRACTOR shall notify the Hamilton County Surveyor’s office a minimum of one week prior to disturbing any existing section corner monument. CONTRACTOR shall also notify the Hamilton County Surveyor’s office at the time the area around each section corner is approximately at final grade. Hamilton County Surveyor’s Office One Hamilton County Square Suite 188 Noblesville, IN 46060 (317)776-9627 ATTN: Mr. Joe Mullins, PLS No direct payment will be made to coordinate the relocation of section corners with the Hamilton County Surveyor’s office. EXISTING SECTION CORNERS TS-12 IN20080273 SP-13 – CHEMICAL MODIFICATION OF SOILS The Standard Specifications are revised as follows: SECTION 215, BEGIN LINE 29, DELETE AND INSERT AS FOLLOWS: shall be based on 5.0 +/- 1.0% 4.0 +/- 1.0% by dry unit weight (mass) of the soils. The quantities for fly SECTION 215, BEGIN LINE 103, DELETE AND INSERT AS FOLLOWS: Construction traffic or equipment shall not be on the treated soils within 72 h 24 h after compaction. The placement of compacted aggregate base on top of the treated soils shall proceed forward along the roadway and compacted in accordance with 301. Every effort shall be made not to damage the chemically modified soils. When modified subgrade shows a rutting depth of 1 in., construction traffic shall be suspended and waiting period may be extended. CHEMICAL MODIFICATION OF SOILS TS-13 IN20080273 SP-14– SAWCUTTING No direct payment will be made for sawcutting existing curb and gutter or pavement. Cost of sawcutting shall be included in the cost of other items. SAWCUTTING TS-14 IN20080273 SP-15 – B BORROW AND STRUCTURE BACKFILL The Standard Specifications are revised as follows: SECTION 211, BEGIN LINE 1, DELETE AND INSERT AS FOLLOWS: SECTION 211 – B BORROW AND STRUCTURE BACKFILL 211.01 Description This work shall consist of backfilling excavated or displaced peat deposits; filling up to designated elevations of spaces excavated for structures and not occupied by permanent work; constructing bridge approach embankment; and filling over structures and over arches between spandrel walls, all with special material. MATERIALS 211.02 Materials Materials shall be in accordance with the following. B Borrow.........................................................................As Defined* Flowable Backfill .........................................................................213 Geotextile .....................................................................................918.02 Structure Backfill .........................................................................904 * The material used for special filling shall be of acceptable quality, free from large or frozen lumps, wood, or other extraneous matter and shall be known as B borrow. It shall consist of suitable sand, gravel, crushed stone, ACBF, GBF, or other approved material. The material shall contain no more than 10% passing the No. 200 (75 μm) sieve and shall be otherwise suitably graded. The use of an essentially one-size material will not be permitted unless approved. Aggregate for end bent backfill shall be No. 8 or No. 9 crushed stone or ACBF, class D or higher. The Contractor has the option of either providing B borrow or structure backfill from an established CAPP source, or supplying the material from another source. The Contractor has the following options for supplying B borrow or structure backfill from a local site: a) the establishment of a CAPP Producer Yard at the local site in accordance with 917; or b) use a CAPP Certified Aggregate Technician or a consultant on the Department’s list of approved Geotechnical Consultants For Gradation Control Testing. For material excavated within the project limits, gradation control testing will be performed by the Department if the Contractor is directed to use the material as B borrow or as structure backfill. The frequency of gradation control testing shall be one test per 2000 t (2000 Mg) based on production samples into a stockpile or by over the scales measurement, with a minimum of two tests per contract (one in the beginning and one near the mid-point). The sampling and testing of these materials B BORROW AND STRUCTURE BACKFILL TS-15 IN20080273 shall be in accordance with applicable requirements of 904 for fine and coarse aggregates. The Contractor shall advise, in writing, the Engineer and the District Materials and Testing Engineer of the plan to measure the material. Where structure backfill is specified, the Contractor may substitute flowable backfill in accordance with 213. However, flowable backfill shall not be placed into or through standing water, unless approved in writing. CONSTRUCTION REQUIREMENTS 211.03 General Requirements If B borrow or structure backfill is obtained from borrow areas, the items of obtaining the areas, their locations, depths, drainage, and final finish shall be in accordance with 203. Unless otherwise specified, if excavated material complies with 211.02 and if B borrow or structure backfill is required for special filling, the excavated material shall be used as such. If there is a surplus of this material, such surplus shall be used in embankment. The provisions of 203.19 shall apply to placing this material at structures. All surplus in excess of the directed or specified use on the right- of-way shall be disposed of in accordance with 201.03. If fill or backfill as described in this specification is within embankment limits, and if it is not required that the entire fill or backfill be of B borrow and placed as such, then that portion above the free-water level shall be placed in accordance with applicable provisions of 203 and compacted to the required density. If borrow is required outside the specified limits of B borrow, material in accordance with the specifications for B borrow may be furnished at the contract unit price for borrow; however, the quantity of borrow measured for payment outside the limits of structure backfill will not exceed the theoretical quantity of B borrow furnished. Unless otherwise specified, all spaces excavated for and not occupied by bridge abutments and piers, if within embankment limits, shall be backfilled to the original ground line with B borrow, and placed in accordance with 211.04. Where B borrow or structure backfill is required as backfill at culverts, retaining walls, sewers, manholes, catch basins, and other miscellaneous structures, it shall be compacted in accordance with 211.04. Where specified, aggregate for end bent backfill shall be placed behind end bents and compacted in accordance with 211.04. Prior to placing the aggregate, a geotextile shall be installed in accordance with 616.11. B BORROW AND STRUCTURE BACKFILL TS-15 IN20080273 211.03.1 Structure Backfill Types The structure backfill type shall be as specified. Within each of the following structure backfill types, the Contractor shall choose from the listed options for each type: (a) Type 1 1. structure backfill in accordance with 904.05 2. non-removable or removable flowable backfill in accordance with 213. (b) Type 2 1. crushed stone aggregate or ACBF structure backfill in accordancewith 904.05, except No. 30, No. 4 and 2 in. (50 mm) nominal sizeaggregate shall not be used. 2. non-removable or removable flowable backfill in accordance with 213. (c) Type 3 1. structure backfill in accordance with 904.05, except only No. 30 or No. 4 nominal size aggregates shall be used. (d) Type 4 1. removable flowable backfill in accordance with 213. (e) Type 5 1. non-removable flowable backfill in accordance with 213. 211.04 Compaction B borrow and structure backfill types 1, 2, and 3 shall be compacted with mechanical tamps or vibrators in accordance with the applicable provisions of 203.23 except as otherwise set out herein. Aggregate for end bent backfill and coarse aggregate No. 8, No. 9, or No. 11 used for structure backfill shall be deposited in layers not to exceed 12 in. (300 mm) loose measurement. Each layer shall be mechanically compacted with a compactor having a plate width of 17 in. (425 mm) or larger that delivers 3000 to 9000 lb (13.3 to 40 kN) per blow. Each lift shall be compacted with two passes of the compactor. 211.05 Embankment for Bridges When special filling is required, the embankment for bridges shall be constructed using B borrow within the specified limits shown on the plans. All embankment construction details specifically B BORROW AND STRUCTURE BACKFILL TS-15 IN20080273 set out in this specification for embankment for bridges shall be considered in accordance with the applicable requirements of 203. At the time B borrow is being placed for approach embankment, a well compacted watertight dam shall be constructed in level lifts, the details of which are shown on the plans. Except as hereinafter specified for material to be used in constructing the enclosing dam, and for growing vegetation, and unless otherwise provided, the material for constructing bridge approach embankment shall be B borrow compacted by mechanical methods. If approach embankment or shoulders are constructed of material not suitable for growing seed or sod, and if one or both of these is required, then such areas shall, unless otherwise specified, be covered with a layer of clay, loam, or other approved material. This layer shall be approximately 1 ft (0.3 m) thick after being compacted into place. 211.06 B Borrow Around Bents When specified, B borrow shall be placed around all bents falling within the limits of the approach grade as shown on the plans. Before placing, the surface of the ground on which it is to be placed shall be scarified or plowed as directed. The embankment slope shall be 2:1 on the sides and beneath the structure, and shall be 6:1 from the end of the bridge down to the average ground line, or it may be required to complete the approaches back to the existing grade. An enclosing dam and provisions for growing vegetation shall be constructed in accordance with 211.05. 211.07 Blank 211.08 Spandrel Filling Unless otherwise specified, spandrel fills for arch structures shall be composed of B borrow. The fill shall be carried up symmetrically in lifts from haunch to crown and simultaneously over all piers, abutments, and arch rings. Compaction shall be in accordance with 211.04. 211.09 Method of Measurement B borrow, structure backfill types 1, 2, or 3, and aggregate for end bent backfill will be measured by the cubic yard (cubic meter) as computed from the neat line limits shown on the plans, or as adjusted. If cubic yards (cubic meters) are set out as the pay item for B borrow or structure backfill in the Schedule of Pay Items and if neat line limits are not specified for measurement of volume for the material, measurement will be made by the cubic yard (cubic meter) at the loading point in truck beds which have been measured, stenciled, and approved. The B borrow may be weighed and converted to cubic yards (cubic meters) by assuming the weight per cubic foot (mass per cubic meter) to be 90% of the maximum wet density in accordance with AASHTO T 99. The material may be cross sectioned in its original position and again after excavation is complete, and the volume computed by the average end area method. If B borrow is used for backfill in areas where unsuitable material is present or peat excavation has been performed, unless otherwise directed, the B borrow will be cross sectioned, and the volume will be computed by the average end area method. Structure backfill types 4 or 5 will be measured by the cubic yard (cubic meter) as computed from the neat line limits shown on the plans, or as adjusted. If neat line limits are not shown on the plans, the volume in cubic yards (cubic meters) of flowable backfill furnished and placed as structure backfill type 4 or 5 will be computed from the nominal volume of each batch and a count of the batches. Unused and wasted flowable backfill will be estimated and deducted. B BORROW AND STRUCTURE BACKFILL TS-15 IN20080273 If the material is to be paid for by the ton (megagram), it will be weighed in accordance with 109.01(b). If the material comes from a wet source such as below water or a washing plant, and weighing is involved in the method of measurement, there shall be a 12 h drainage period prior to the weighing. Geotextile will be measured in accordance with 616.12. 211.10 Basis of Payment The accepted quantities of B borrow will be paid for at the contract unit price per cubic yard (cubic meter) or per ton (megagram) as specified, complete in place. Structure backfill will be paid for at the contract unit price per cubic yard (cubic meter) of the type specified, based on the neat line limits shown on the plans or as adjusted for authorized changes, provided the material comes from outside the permanent right-of-way. If the Schedule of Pay Items does not contain a pay item for structure backfill and it is required to backfill pipes or culverts within the project limits, a change order will be generated to establish a unit price. B borrow material placed outside the neat lines will be paid for as borrow when such B borrow eliminates required borrow material. Otherwise, no payment will be made for backfill material placed outside the neat lines. Aggregate for end bent backfill will be paid for at the contract unit price per cubic yard (cubic meter), based on the neat line limits shown on the plans or as adjusted by authorized changes. Geotextile will be paid for in accordance with 616.13. Flowable backfill which is substituted for structure backfill will be paid for as structure backfill. If topsoil, loam, or other suitable material in accordance with 211.05 is used for expediting the growth of seed or sod, it will be paid for at the contract unit price per cubic yard (cubic meter) for borrow, unless otherwise provided. Payment will be made under the following: Pay Item Pay Unit Symbol Aggregate For End Bent Backfill........................................................CYS (m3) B Borrow.............................................................................................CYS (m3) TON (Mg) Structure Backfill, Type ____ ............................................................CYS (m3) No payment will be made under this section for material obtained within the excavation limits of the project if the Contractor is directed to use the material as B borrow or structure backfill in a pipe trench, culvert, construction of an embankment or fill, or if the Contractor uses the material for its own B BORROW AND STRUCTURE BACKFILL TS-15 IN20080273 convenience. Material obtained from within the excavation limits of the project and which the Contractor is directed to use as B borrow or structure backfill for other purposes including replacement of undercut areas, support for a MSE wall, and end bent fill will be paid for at the contract unit price of $5.00 per cubic yard ($6.50 per cubic meter) for B borrow/structure backfill handling. The cost of disposal of excavated material shall be included in the cost of the pay items in this section. B BORROW AND STRUCTURE BACKFILL TS-15 IN20080273 SP-16 – MANHOLE CASTINGS Any manhole lids which may fall partially or completely in a multi use path or concrete sidewalk shall be “Neenah Catalog #R-1714 description: Special “C” cope lid 1714-0004A, drill 4 holes”, or approved equal. MANHOLE CASTINGS TS-16 IN20080273 ADJUST VALVE BOX TO GRADE TS-17 IN20080273 SP-17 ADJUST VALVE BOX TO GRADE This item shall include all labor, material, equipment, and services necessary to adjust existing valve boxes to grade. If new valve boxes are required, all new valve boxes shall be American made by either TYLER/UNION or EAST JORDAN IRON WORKS. All curb boxes shall be installed plumb and clear of debris. Water utility standards for installation & relocations can be found at: http://www.carmel.in.gov/services/wateroperations/waterops.html UNIT COST The cost of adjusting valve boxes to grade shall be paid for as “Valve Box, Adjust to Grade” per unit price for each. ADJUST HYDRANT TO GRADE TS-18 IN20080273 SP-18 RELOCATE HYDRANT This item shall include all labor, material, equipment, and services necessary to relocate hydrants to at the direction of a City of Carmel Water Utility representative. If new hydrants are required, all new hydrants shall meet the minimum standards set forth in the City Of Carmel Water Utility Standard Details. Water utility standards for installation & relocations can be found at: http://www.carmel.in.gov/services/wateroperations/waterops.html UNIT COST The cost of adjusting fire hydrants to grade shall be paid for as “Fire Hydrant, Relocate” per unit price for each. SP-19 – SANITARY SEWER MANHOLES An existing sanitary sewer trunk line runs along 116th Street. Manholes have been located in the plans and called out to be adjusted to grade. If adjustments are in excess of 12 inches additional manhole sections shall be added in accordance with manhole details. All work in association with sanitary manholes shall be per Clay Township Regional Waste District Specifications UNIT COST The cost of adjusting the castings to grade, including the addition of any manhole sections shall be paid for as “Casting, Adjust to Grade” per unit price for each. SANITARY SEWER MANHOLES TS-19 IN20080273 SP-20 – HMA REVISIONS FOR 2008 The Standard Specifications are revised as follows: SECTION 401, LINE 77, DELETE AND INSERT AS FOLLOWS: Bulk Specific Gravity of Compacted Bituminous Mixtures Using Automatic Vacuum Sealing .....................................ASTM D 6752 Bulk Specific Gravity and Density of Compacted Asphalt Mixtures Using Automatic Vacuum Sealing .................................... AASHTO T 331 SECTION 401, LINE 90, INSERT AS FOLLOWS: The optimum binder content for dense graded mixtures shall produce 4.0% air voids at Ndes and for open graded mixtures shall produce 15.0% – 20.0% air voids at Ndes. The design for dense graded mixtures shall have at least four points, including a minimum of two points above and one point below the optimum. A one point design may be used for open graded mixtures. The maximum specific gravity of the uncompressed mixture shall be determined in accordance with AASHTO T 209, Section 9.5.1. SECTION 401, LINE 108, DELETE AND INSERT AS FOLLOWS: A PG binder grade or source change will not require a new mix design. If the upper temperature classification of the PG binder is lower than the original PG grade, a new TSR value is required. A new DMF shall be submitted for a binder grade change and shall reference the originating DMF/JMF number. The MAF equals the Gmm from the mixture design divided by the following: 2.465 for 9.5 mm mixtures and 2.500 for 12.5 mm, 19.0 mm, and 25.0 mm mixtures. If the MAF calculation results in a value where 0.980 ≤ MAF ≤ 1.020, then the MAF shall be considered to be 1.000. If the calculated MAF is outside of the above range, then the actual calculated value shall be used. If the MAF is greater than 1.020, the calculated MAF value shall have 0.020 subtracted from the value. If the MAF is less than 0.980, the calculated MAF value shall have 0.020 added to the value. The MAF does not apply to OG mixtures. SECTION 401, LINE 119, DELETE AS FOLLOWS: Changes in the source of specified binders, except for PG 58-28 or PG 64-22, shall require a new DMF. Changes in the grade of a specified binder shall require a new DMF. SECTION 401, LINE 178, DELETE AS FOLLOWS: Acceptance of mixtures for binder content, VMA at Ndes, and air voids at Ndes for each lot will be based on tests performed by the Engineer. Acceptance testing for surface mixtures will include tests for moisture content. The Engineer will randomly select the location(s) within each sublot for sampling in accordance with ITM 802. An acceptance sample will consist of two plate samples with the first being at the random location and the second 2 ft (0.6 m) ahead station. A backup sample consisting of two plate samples shall be located 2 ft (0.6 m) towards the center of the mat from the acceptance sample For surface mixtures, an additional sample shall be located 2 ft (0.6 m) back station from the random sample location. HMA REVISIONS FOR 2008 TS-20 IN20080273 SECTION 401, LINE 201, DELETE AND INSERT AS FOLLOWS: The bulk specific gravity of gyratory specimens for dense graded mixtures will be determined in accordance with AASHTO T 166, Method A except samples are not required to be dried overnight. The bulk specific gravity of gyratory specimens for open graded mixtures, OG19.0, OG25.0, will be determined in accordance with ASTM D 6752, except as follows. The duration of the test from initiating the vacuum extraction to weighing the specimen after the water bath will not exceed five minutes. The mass of water absorbed by the specimen while in the water bath will be subtracted from the mass of the specimen obtained in the water bath. Any test in which the mass of water absorbed by the specimen exceeds 5 g is invalid AASHTO T 331. SECTION 401, LINE 211, DELETE AND INSERT AS FOLLOWS: The mixture properties for each sublot shall meet the requirements for the tolerances from the JMF as shown in the table as follows: ACCEPTANCE TOLERANCES MIXTURE PROPERTIES TOLERANCES FROM THE JMF DENSE GRADED Air Voids JMF ± 1.0% Binder Content JMF ± 0.5% VMA JMF ±1.0% OPEN GRADED Air Voids* JMF ± 3.0% Binder Content JMF ± 0.5% * Gmb will be determined in accordance with ASTM D 6752 AASHTO T 331 SECTION 401, LINE 215, DELETE AS FOLLOWS: The maximum percent of moisture in the mixture shall not exceed 0.10 from plate samples. SECTION 401, LINE 225, DELETE AND ADD AS FOLLOWS: Air voids, binder content and VMA values will be reported to the nearest 0.1%. Moisture and d Draindown test results will be rounded to the nearest 0.01%. Rounding will be in accordance with 109.01(a). SECTION 401, LINE 245, DELETE AND INSERT AS FOLLOWS: Equipment for HMA operations shall be in accordance with 409. The Contractor shall submit to the Engineer a written Certificate of Compliance documentation that includes the manufacturer’s make, model, serial number, manufactured year, and the manufacturer’s literature with pictures. The Certificate of Compliance documentation shall be submitted prior to use and shall certify that the paving equipment proposed for the project is new and includes the modifications or have been modified in accordance with the following. SECTION 401, LINE 403, DELETE AND INSERT AS FOLLOWS: The density for the mixture will be expressed as the percentage of maximum specific gravity (%MSG) obtained by dividing the average bulk specific gravity by the maximum specific gravity for the sublot, times 100. Samples for the bulk specific gravity and maximum specific gravity will be dried in accordance with ITM 572. The Engineer will determine the BSG bulk specific gravity of the cores in HMA REVISIONS FOR 2008 TS-20 IN20080273 accordance with AASHTO T 166, Method A. The maximum specific gravity will be determined in accordance with AASHTO T 209, Section 9.5.1 from samples prepared in accordance with ITM 572. The target value for density of dense graded mixtures of each sublot shall be 92.0%. SECTION 401, LINE 614, INSERT AS FOLLOWS: Additional cores shall be taken within seven calendar days unless otherwise directed. Additional core locations will be determined by adding 1.0 ft (0.3 m) longitudinally of the cores tested using the same transverse offset. The appeal density cores will be tested in accordance with AASHTO T 166, Method A. SECTION 402, LINE 52, DELETE AND INSERT AS FOLLOWS: The MAF equals the Gmm from the mixture design divided by the following: 2.465 for 9.5 mm mixtures and 2.500 for 12.5 mm, 19.0 mm, and 25.0 mm mixtures. If the MAF calculation results in a value where 0.980 ≤ MAF ≤ 1.020, then the MAF shall be considered to be 1.000. If the calculated MAF is outside of the above range, then the actual calculated value shall be used. If the MAF is greater than 1.020, the calculated MAF value shall have 0.020 subtracted from the value. If the MAF is less than 0.980, the calculated MAF value shall have 0.020 added to the value. The MAF does not apply to OG mixtures. SECTION 402, LINE 346, INSERT AS FOLLOWS: The Engineer will determine the bulk specific gravity of the cores in accordance with AASHTO T 166, Method A.. The maximum specific gravity will be determined in accordance with AASHTO T 209, Section 9.5.1. Density shall not be less than 92.0%. SECTION 410, LINE 84, INSERT AS FOLLOWS: The optimum binder and aggregate gradation content shall produce 4.0% air voids. The maximum specific gravity of the uncompacted mixture shall be determined in accordance with AASHTO T 209, Section 9.5.1.. The percent draindown for SMA surface mixture shall not exceed 0.30% in accordance with AASHTO T 305. SECTION 410, LINE 89, DELETE AND INSERT AS FOLLOWS The MAF equals the Gmm from the mixture design divided by the following: 2.465 for 9.5 mm mixtures and 2.500 for 12.5 mm, 19.0 mm, and 25.0 mm mixtures. If the MAF calculation results in a value where 0.980 ≤ MAF ≤ 1.020, then the MAF shall be considered to be 1.000. If the calculated MAF is outside of the above range, then the actual calculated value shall be used. If the MAF is greater than 1.020, the calculated MAF value shall have 0.020 subtracted from the value. If the MAF is less than 0.980, the calculated MAF value shall have 0.020 added to the value. The MAF does not apply to OG mixtures. SECTION 410, LINE 137, DELETE AS FOLLOWS: Acceptance of mixtures for binder content, moisture, and gradation for each lot will be based on tests performed by the Engineer. The Engineer will randomly select the location(s) within each sublot for sampling in accordance with ITM 802. Samples from each location shall be obtained from each sublot from the pavement in accordance with ITM 580. The second sample shall be located from the random sample by offsetting 1 ft (0.3 m) transversely towards the center of the mat and will beused for HMA REVISIONS FOR 2008 TS-20 IN20080273 the moisture sample. The test results of the sublots will be averaged and shall meet the requirements for tolerances from the JMF for each sieve and binder content. The maximum percent of moisture in the mixture shall not exceed 0.10 from plate samples. SECTION 410, LINE 170, DELETE AS FOLLOWS: Single test values and averages will be reported to the nearest 0.1% except moisture will be reported to the nearest 0.01%. Rounding will be in accordance with 109.01(a). SECTION 410, LINE 313, INSERT AS FOLLOWS: The density of the mixture will be expressed as the percentage of maximum specific gravity (%MSG) obtained by dividing the average bulk specific gravity by the maximum specific gravity for the sublot, times 100. Samples for the bulk specific gravity and maximum specific gravity will be dried in accordance with ITM 572. The Engineer will determine the BSG of the cores in accordance with AASHTO T 166, Method A. The maximum specific gravity will be determined in accordance with AASHTO T 209, Section 9.5.1. from plant produced materials prepared in accordance with ITM 572. The target value for density of SMA mixtures of each sublot shall be 93.0%. The Engineer will determine the bulk specific gravity of the cores in accordance with AASHTO T 166 The maximum specific gravity will be determined in accordance with AASHTO T 209 Density shall not be less than 92.0%. SECTION 902, LINE 22, DELETE AND INSERT AS FOLLOWS: Each Sample An acceptance sample and backup sample shall be taken from the asphalt delivery system at the HMA plant. Each sample The two samples will represent a sublot. A copy of a load ticket identifying the binder source shall be submitted with the sublot samples. The Department will randomly select one sublot from each lot in accordance with ITM 802 for either complete or partial testing. If the sublot selected is in compliance, the lot will be accepted. If the sublot is not in compliance, the material will be adjudicated as a failed material in accordance with 105.03. SECTION 904, LINE 127, INSERT AS FOLLOWS: The fine aggregate angularity value shall not apply to OG mixtures. HMA REVISIONS FOR 2008 TS-20 IN20080273 SP-21 - WATERING SOD The Standard Specifications are revised as follows: SECTION 621, BEGIN LINE 380, DELETE AND INSERT AS FOLLOWS: Sod shall be maintained for a minimum of four weeks 60 days from the time it is laid before being accepted. SECTION 621, BEGIN LINE 473, DELETE AND INSERT AS FOLLOWS: Water will be paid for only when ordered after the 30 60 day period, in accordance with 621.10. WATERING SOD TS-21 IN20080273 SP-22 – IRRIGATION CONDUIT This work shall consist of placing irrigation conduits in trenches at locations as directed in the field. Irrigation trenches shall contain two 4-inch conduits laid in the same trench. Conduit material shall be schedule 40 PVC. The ends shall be marked with buried, metal bars for location in the future and will be marked on the curb by the inspection unit and noted on the as-builts. Conduits shall be placed from one side of the road to the other. The ends of the conduit shall be in between the path and the back of the curb on each side of the roadway. If an irrigation conduit crosses an underdrain, the conduit shall be placed above the underdrain and backfilled with No. 8 aggregate. Exact locations of irrigation conduit will be determined in field by ENGINEER. UNIT COST The cost of irrigation conduit shall be paid for as “Irrigation Conduit” per linear foot of irrigation trench, and shall include labor, equipment, and materials required for installation, including, but not limited to, backfill, aggregate, conduit, and location bars shall not be paid for directly, but included within the unit cost for this item. IRRIGATION CONDUIT TS-22 IN20080273 SP-23 – TOPSOIL DESCRIPTION A. minimum of 12 inches of topsoil shall be placed in the medians and on the inside of all roundabouts. A minimum of six inches of topsoil shall be placed in all other seeded and/or sodded areas within the construction limits. A minimum of eighteen inches of topsoil shall be placed in all other seeded and/or sodded areas on top of structure backfill. This work shall consist of the testing, placement, and installation of topsoil in accordance with these requirements, the INDOT Standard Specifications, and as indicated on the plans. MATERIALS A. Materials shall be in accordance with the Special Provision “Landscape Work”, Section 914.01 of the INDOT Standard Specifications, and the following: 1. Sandy loam, natural or cultivated surface soil layer containing organic matter and sand, silt and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches (50 mm) in diameter and free of weeds, roots, and other deleterious materials; acidity range pH of 5.9 to 7.0; containing a minimum of 6% and a maximum of 25% organic matter. B. Topsoil Source: Import topsoil or manufactured topsoil from off-site sources as necessary. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from bogs or marshes. On site soil may be used, provided it complies with the requirements for topsoil listed herein. C. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium absorption ratio; deleterious material; pH; and mineral and plant-nutrient content of topsoil. 1. Report suitability of topsoil for lawn and specified planting growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce a satisfactory topsoil. 2. Soil-Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed (such as A&L Great Lakes Laboratories, Inc., 3505 Conestoga Drive, Ft. Wayne, IN 46808, 260.483.4759). D. Materials that do not meet these requirements shall not be incorporated into the work as topsoil. CONSTRUCTION REQUIREMENTS TOPSOIL TS-23 IN20080273 A. If existing soil suitable for amendment in accordance with Special Provision “Landscape Work” is not available in sufficient quantities, Topsoil shall be furnished at the contract unit price for Topsoil. B. Topsoil is to be placed on all plant beds, disturbed areas, and seeded or sod areas to the depths indicated on the plans and in the Special Provision “Landscape Work”. C. Landscape Subcontractor shall inspect topsoil placed by Contractor and verify quality and depth. Commencement of Landscape Work indicates acceptance of earthwork operations METHOD OF MEASUREMENT A. Topsoil will be measured by the cubic yard in accordance with Article 211.09. BASIS OF PAYMENT A. The accepted quantities of topsoil will be paid for at the contract unit price per cubic yard. B. Payment will be made under: PAY ITEM UNIT Topsoil Cubic Yard TOPSOIL TS-23 IN20080273 DECORATIVE STREETLIGHTING TS-24 IN20080273 SP-24 - DECORATIVE STREET LIGHTING Street Lighting shall be installed at the locations indicated on the project plans and in accordance with all INDOT specifications. All light poles shall be in accordance with detail SLD–1 and shall include a two-piece or wrap base. Foundations shall be constructed in accordance with detail FND-1, as included with these technical specifications, and as approved by OWNER. Light fixtures shall be in accordance with detail SLF-1, as included with these technical specifications. Existing street lighting shall be relocated at the locations indicated on the project plans and in accordance with all INDOT specifications. Foundations for relocated street lights shall be constructed in accordance with detail FND-1, as included with these technical specifications, and as approved by OWNER. FINISH Air spray the pole interior with Ensign 197B rust inhibitive base coating. Sandblast the outside of the poles and all lighting accessories to SSPC-SP6 commercial blast and Prime 1 coat recoatable epoxy primer 3-6 mills dry film thickness (D.F.T.). Finish 1 coat polyurethane enamel corothane, polane 2.8 plus or hi-solids polyurethane 2-3 mills (D.F.T.). Finish coat color shall be black LIGHTING POWER DISTRIBUTION PANEL All lighting power distribution panels shall be in accordance with detail LPD-1. As a minimum, the CONTRACTOR shall provide the NEMA-4X, weather tight, aluminum or stainless steel P-1 cabinet. The cabinet shall be furnished with a standard Corbin #2 Lock and two keys. A service entrance rated panelboard with a minimum of twelve circuit breakers shall be provided with any unused circuits labeled spare. The photo cell for lighting only shall be provide and placed on top of the control cabinet and shall have an internal, manual-off-auto selector switch. The distribution panel cabinet shall have a powder coated black finish that is to match the light poles and mast arms. The Type P-1 foundation will be required and shall be installed such that the exposed portion of the concrete foundation is within 6” of finish grade with foot pad flush to finish grade unless directed otherwise by the Owner or Owner Representative. In addition to the conduit required for lighting circuits, 2 additional 4” conduits shall be installed from the foundation directly to the roundabout, if applicable, and 1 – ¾” conduit will be required from the foundation to the nearest light pole foundation. These shall have pull strings installed for future use. UNIT COST The cost of the decorative street lights shall be paid for as “Decorative Street Light, Wiring and Installation” per unit price for each installed and shall include pole, arms, base, luminaire, foundation, anchor bolts, electrical fittings, internal wiring and accessories, and all other related items. DECORATIVE STREETLIGHTING TS-24 IN20080273 Labor, equipment, and materials required for installation of the lighting power distribution panel, and all incidental coordination and construction shall be included within the unit price of “Lighting Power Distribution Panel”. The CONTRACTOR shall be responsible for coordinating with power company for nearest power pedestal. The cost of relocating decorative street lights shall be paid for as “Decorative Street Light, Relocation” per unit price for each installed and shall include relocating the existing pole, arms, base, luminaire, and providing a new foundation, anchor bolts, electrical fittings, internal wiring and accessories, and all other related items. Labor, equipment, and materials required for installation of the lighting power distribution panel, and all incidental coordination and construction shall be included within the unit price of “Lighting Power Distribution Panel”. The CONTRACTOR shall be responsible for coordinating with power company for nearest power pedestal. The cost of cable duct shall be paid for as “Wire, No. 4, Copper, in plastic duct, in trench, 4 1/C” per lineal foot installed, and shall include all excavation, material, and labor necessary to install the cable duct. DECORATIVE STREET SIGNS TS-25 IN20080273 SP-25 – DECORATIVE STREET SIGNS Street signs shall be installed at the locations indicated on the project plans and in accordance with all INDOT and Carmel specifications. All street signs shall be in accordance with details SS–1 and SS-2 included with these technical specifications. Text should be in accordance with text shown in details SS-3 through SS-4. All street identification signs shall be two sided. CONTRACTOR shall prepare shop drawings for each proposed sign and submit to ENGINEER for approval prior to sign fabrication. UNIT COST The cost of the decorative street sign assemblies shall be paid for as “Decorative Street Sign Assembly, Installed” per unit price for each installed and shall include two double sided street identification signs and surrounds, two arms, one sign post, one foundation, one finial, accessories and all other related items required for installation. DECORATIVE STREET SIGNS TS-25 IN20080273 DECORATIVE STREET SIGNS TS-25 IN20080273 DECORATIVE STREET SIGNS TS-25 IN20080273 SS-3 SS-4 SP-26 – CONCRETE COLORING AND JOINTING Description This work shall consist of the coloring and jointing of concrete for curb ramps, concrete medians, and roundabout truck aprons. Submittals A. Samples for Color Verification 1. Submit sample chips of specified colors indicating color additive numbers and required dosage rates. Samples indicate general color and may vary from concrete finished in field according to Specifications. B. Product Data: For each type of manufactured material and product indicated. C. Colored Concrete Mock-Up: 1. At location on Project selected by Engineer, place and finish 4 x 4 feet area for each type of finish specified. Demonstrate methods of obtaining consistent visual appearance, including materials, workmanship, and curing method to be used throughout Project. 2. Retain samples of cements, sands, aggregates and color additives used in mock-up for comparison with materials used in remaining Work. 3. Accepted mock-up provides visual standard for work of Section. 4. Mock-up may remain as part of Work, as directed by Engineer. Remove when no longer required for comparison with finished work. Materials A. Concrete shall be in accordance with the plans and Section 500 of INDOT Standard Specifications. B. The concrete color shall be “GREEN SLATE” as manufactured by DAVIS COLORS; phone 800-356-4848, e-mail info@daviscolors.com, or internet www.daviscolors.com or an approved equal. C. Colored concrete will be an integral coloring application, with coloring additives mixed in accordance with manufacturer’s instructions. Mix until color additives are uniformly dispersed throughout mixture. D. Curing Compound for Colored Concrete: Curing compound shall comply with ASTM C309 and be approved by color additive manufacturer for use with colored concrete. Provide JS Crystal Clear cure and seal, or an approved equal. E. Admixtures: Do not use calcium chloride admixtures. Construction Requirements A. Prepare subgrade and install colored concrete in accordance with the plans and Section 500 of the INDOT Standard Specifications, except as noted herein. CONCRETE COLORING AND JOINTING TS-26 IN20080273 B. Joints shall be tooled in patterns indicated on plans, or as noted herein. Roundabout truck aprons shall be scored radial to the center point of the roundabout in a 24” grid pattern. Median pavements and curb ramps shall be scored in a 12” grid pattern perpendicular to the roadway. C. Tooled Joins: Form joints after initial floating by grooving and finishing each edge of joint with grooving tool to a ¼ inch radius. Repeat grooving of contraction joints after applying surface finishes. Eliminate tool marks on concrete surfaces. Edges of colored concrete not contained by standard concrete shall be tooled in the same manner. D. Finish: Colored concrete shall have a broomed finish. Pull broom across freshly floated concrete to produce texture indicated in straight lines perpendicular to main line of traffic. Do not dampen brooms. Roundabout truck aprons shall have a light broom finish. Medians and curb ramps shall have a medium broom finish. E. Curing: Apply curing compound for colored concrete in accordance with manufacturer’s instructions. Apply curing compound at consistent time for each pour to maintain close color consistency. F. Protect adjacent finished surfaces from splatters. G. Do not add water to concrete at job site, fog or spray surface with water, or put into pumps or onto tools or brooms. H. Do not apply color additives meant for integral coloring to surface of concrete. I. Any type L curb ramps shall include a 6 inch wide curb along the length of the ramp that shall match into the mainline Type II or Type III curb. This curb shall not be colored concrete and therefore, shall be poured separately from the colored and patterned portion of the ramp. The curb shall be the depth of the ramp plus a 6 inch reveal height above the top surface of the ramp. The curb for the ramp will not be paid separately but shall be included in the measured square yardage of the Type L curb ramp item. The type L ramps width will be measured from the outside of curb to the outside of curb. CONCRETE COLORING AND JOINTING TS-26 IN20080273 FAILURE TO COMPLETE ON TS-27 TIME FOR ROAD CLOSURES IN20080273 SP-27 FAILURE TO COMPLETE ON TIME FOR ROAD CLOSURES The Standard Specifications are revised as follows: SECTION 108, AFTER LINE 455, INSERT AS FOLLOWS: The work specified shall be arranged and prosecuted such that Spring Mill Road is closed to traffic for not longer than 30 calendar days. If the necessary work is not completed and the road reopened to traffic within the number of calendar days for closure shown, $1,000 will be assessed as liquidated damages, not as a penalty, but as damages sustained for each calendar day for which the street remains closed to traffic in excess of the number shown on the Proposal sheet. Unless otherwise determined, an increase in quantities will increase the time allowed for the performance of the contract by the ratio of the final contract price to the original contract price. Only those pay items which must be constructed during the closure to traffic period will be considered when computing a time extension for the closure to traffic period. SP-28 – MATERIAL TESTING CONTRACTOR shall be responsible for all testing and sampling of all materials and/or provide certification of materials in accordance with the Indiana Department of Transportation Standard Specifications dated 2006 and the Materials and Tests Frequency Manual dated January 2005. The CONTRACTOR shall select an independent testing service, approved by the Engineer, to provide all laboratory tests and field tests. The CONTRACTOR shall provide certified test results and material certifications to the Engineer in a timely manner. Required sampling and testing under this special provision shall include but not be limited to HMA material sampling. The cost of providing samples and testing shall not be paid for directly but shall be included in the cost of other items. Exception: The ENGINEER will be responsible for conducting concrete sampling and testing for compressive strength requirements, air content, relative yield, slump, proctor analysis and density testing of embankments, subgrade, and pipe structure backfill. MATERIAL TESTING TS-28 IN20080273 SP-29 – RECYCLED FOUNDRY SAND Description Recycled foundry sand (RFS) consist of a mixture of residual materials used from ferrous or non-ferrous metal castings and natural sands. The Contractor shall have the option of incorporating RFS into applicable operations in accordance with 105.03. Materials RFS sources are to be selected from the Department’s list of approved Foundry Sand Sources. RFS may be substituted for B borrow (211) or Borrow (203) upon the approval of the Department’s Geotechnical Section. The Contractor shall provide the Engineer with a copy of the Material Safety Data Sheet (MSDS) and a copy of the Indiana Department of Environmental Management’s (IDEM) waste classification certification for Type III or IV residual sands prior to use. IDEM certification and MSDS shall clearly identify the stockpiles with regard to their extent and geographical location. The Contractor shall provide the Engineer with a type A certification in accordance with 916 for RFS prior to use of the materials. The type A certification shall consist of applicable laboratory tests results of gradation and permeability. Consultants on the Department’s list of approved Geotechnical Consultants shall perform the testing of RFS materials. RFS use is restricted to the following additional requirements: 1. RFS derived from Type III residual sand shall not be permitted within 30 m (100 ft) horizontally, of a stream, river, lake, reservoir, wetland or any other protected environmental resource area. 2. RFS derived from Type III or Type IV residual sand shall not be placed within 50 meters (150 ft), horizontally, of a well, spring, or other ground source of potable water. 3. RFS shall not be permitted adjacent to metallic pipes, or other metallic structures. 4. RFS shall not be used as encasement material. 5. RFS shall not be used in MSE wall applications. If RFS is used in embankment, excavation and replacement operations as a replacement for B borrow or borrow, the following additional requirements shall be considered. 1. Borrow: RFS shall be in accordance with 903. 2. B borrow: RFS shall be in accordance with 211. Construction Requirements RFS shall be transported in a manner that prevents the release of fugitive dust and loss of material. Adequate measures shall be taken during construction operations to control fugitive dust from RFS. RFS shall not be applied when wind conditions create problems in adjacent areas or create a hazard to traffic on any adjacent roadway. The spreading of RFS shall be limited to an amount that can be encased within the same workday. If weather causes stoppage of work or exposes the RFS to washing or blowing, additional RFS may be spread when the work resumes. Spraying with water, limewater, or other sealing type sprays will be considered to be acceptable methods for dust control. RECYCLED FOUNDRY SAND TS-29 IN20080273 When RFS is used as borrow or B borrow, compaction of the materials shall be in accordance with the respective uses in 203. If compaction operations are deemed to be insufficient, the Contractor shall arrange with the Department’s Geotechnical Section, to develop and conduct alternative compaction means. Nuclear density testing of RFS is not allowed. When RFS is used in embankment construction, the sideslopes of the RFS shall be encased with 1 ft (0.3 m) of borrow materials. The encasement materials shall be placed and compacted concurrently with the RFS lifts. Encasement materials not meeting the AASHTO M 145 Classifications of A-4, A-5, A-6, and A-7 shall be submitted to the Department’s Geotechnical Section for approvals. Method of Measurement RFS applications will be measured in accordance to the respective uses for borrow or B borrow. Basis of Payment RFS will be paid for at the contract unit price in accordance to the respective uses for borrow or B borrow. No payment will be made for the transportation, handling, or any special construction requirements such as alternative compaction means or encasement activities, when using RFS materials. The cost of the use of water, limewater, sprays, or other activities necessary for dust control, shall be included in the cost of the respective pay item. The cost of geotechnical testing for the use of RFS materials shall be included in the cost of the respective pay item. RECYCLED FOUNDRY SAND SOURCES APPROVAL CRITERIA The following procedures covers the requirements for Foundry Sand source approvals or otherwise prescribed subject matter to be added, maintained and removed from a Department’s approved list. Products covered by the procedures may involve hazardous materials, operations, and equipment. These procedures do not purport to address all of the safety problems associated with the use of the product. The source’s responsibility is to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use. General Requirements 1. A source, requesting approval for addition to a Department’s list, shall provide to the Material and Tests Division the following: a. Name and location of source or manufacturer, b. List of material and specification reference for the material that the approval is being requested, c. Average monthly production of the material by size, type or grade, d. Name, address and telephone number of responsible contact person, e. Facility layout or production process of the material, RECYCLED FOUNDRY SAND TS-29 IN20080273 f. Quality parameters of the material, g. Raw material sampling and testing frequency, h. Procedures for conforming materials which provides a positive linkage between the furnished materials and the quality control test data, i. Procedures for non-conforming materials, j. Procedures for marking and tracking materials, k. Procedures for documentation maintenance, l. Finished material sampling and testing frequency, m. Procedures for reviewing and updating the source operations, n. Testing laboratory quality system, o. Names, titles and qualifications of sampling and testing personnel, p. Location and telephone number of the laboratory testing office, q. Laboratory equipment and calibration frequency, r. Test methods, procedures and laboratory equipment used for each type of material, s. Sample management describing procedures for samples identification, maintenance of the samples prior to testing, sample retention and disposal of samples, t. Testing report procedures, u. Methods used to identify improper test results and procedures followed when testing deficiencies occur, v. Statistical analysis of test results, and w. Maintenance of test records. The application shall be signed and dated by the source’s or manufacturer’s representative at the time it is submitted for acceptance. The application shall be maintained to reflect the current status and revisions shall be provided to the Department in writing. 2. Testing may be required which will be performed outside the Department’s laboratories. A recognized laboratory shall be the following: a) A State transportation agency testing laboratory, b) A testing laboratory regularly inspected by the AMRL, or c) A testing facility approved by the Department Approval Requirements In addition to the general requirements, the source shall also submit the following to the Materials and Tests Division. a) A current MSDS and summary of results of all specified tests for the previous year’s production shall be submitted. No test results shall be more than two years old at time of submission. b) Name of Testing Facility c) Dates Samples were obtained d) Dates Samples were tested e) Test method used for IDEM classification f) Letter from IDEM indicating the waste classification of the materials. g) Test results for Leachate RECYCLED FOUNDRY SAND TS-29 IN20080273 h) Test results for MicrotoxTM in accordance with ITM 215 i) Stockpile sampling locations, including depths and available historical testing results. j) Gradation test results k) Hydraulic conductivity (permeability) test results l) Recycled Foundry Sand Source Certification The Recycled Foundry Sand source certification is included as Attachment A. A new approval submission shall be required when re-sampling is required in accordance with 329 IAC 10-9-4(e)(3). (In accordance with 329 IAC 10-9-4 (e)(3) for foundry waste, re-sampling is conducted: at two year intervals; whenever the process changes; or according to a schedule for re-sampling by the IDEM Commissioner based on variability noted in previous sampling and other factors affecting the predectability of waste characteristics.) When metal concentration of the Type III residual sand exceeds 80% of the allowable limits within IDEM classification, an indemnification clause is required and a " Recycled Foundry Sand (RFS) Indemnification Clause" is included as Attachment B. Residual sand shall be analyzed for metal concentration using Microtox™ (ITM 215) test criteria. Maintaining Approval Test reports shall be generated in accordance with specification requirements for the material and submitted monthly to the Materials and Tests Division. If the material is not produced by the source in a given month, the monthly submittal shall state: “No _____________ was manufactured during ________________.” Material month/year Samples of material may be obtained randomly for verification at the source or at the point of incorporation into the work in accordance with 106.02. The source shall provide written notification of any changes, revisions or updates of their operations, MSDS, source name or address, contact person or product name to the Materials and Tests Division. To maintain approval, a summary of new stockpile test results for Microtox™ testing in accordance with ITM 215, and the acceptance analysis will be submitted monthly indicating testing on a lot-by-lot basis. Tested and approved RFS stockpiles shall be properly signed for easy identification. If no new stockpiles are created in a given month, a letter indicating, "no new RFS stockpiles for month/year were created" shall be submitted to the Materials and Tests Division. Removal From Approved List A source will be removed from the approved list for the following, but not limited to, reasons: (a) Test failures determined by Department verification sampling, (b) Monthly test reports not provided for three consecutive months, (c) Test reports generated by the source which show non-compliance with specification requirements, and (d) Performance of product no longer meets intended purpose. RECYCLED FOUNDRY SAND TS-29 IN20080273 Attachment A RECYCLED FOUNDRY SAND (RFS) SOURCE CERTIFICATION This is to certify recycled foundry sand (RFS) stockpiles geographically located as follows: RFS ___________________________________________________________________ _______________________________________________________________________ RFS was produced by the ________________________ __________________ Company located in ____________________(City), and _________________ (State) and was shipped for use on Indiana Department of Transportation projects is Type _________________ (III or IV) material according to IDEM's restricted waste criteria and that the material has passed Microtox™ (ITM 215) test criteria. If any metal concentration exceeds 80% of the allowable limits for a Type III the foundry shall provide the Department with an acceptable indemnification clause. The _________________ RFS source also agree that processes and stockpiles associated with the production of such RFS may be inspected and sampled at regular intervals by properly identified representatives of the Department or a duly assigned representative. ________________ (Date of Signing) ________________________________ (RFS Producer) ______________________________(Title) ______________________________(Signature) State of _____________________________) SS: County of _____________________) Subscribed and sworn to before me by ___________________________________ of the firm of ________________________________ this __________ day of ________________ 20__. _______________________________ Notary Public My Commission Expires: ______________________ This certification has been reviewed and approved by: _____________________________Date________________ (Materials and Tests Division representative) RECYCLED FOUNDRY SAND TS-29 IN20080273 Attachment B RECYCLED FOUNDRY SAND (RFS) INDEMNIFICATION CLAUSE ______________ RFS producer shall indemnify, defend, exculpate, and hold harmless the State of Indiana, it officials, and employees from any liability of the State of Indiana for loss, damage, injury, or other casualty of whatever kind or to whomever caused, arising out of or resulting from a violation of the federal or Indiana Occupational Safety and Health Acts (OSHA), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or any other environmental law, regulation, ordinance, order or decree (collectively referred to hereinafter as "Environmental Laws"), as a result of the supply, testing, and application of residual sand or other materials supplied under this Contract by ________________ source, whether due in whole or in part of the negligent acts or omissions of: (1) _________________ Foundry, its agents, officers, or employees, or other persons engaged in the performance of the contract; or (2) the joint negligence of them and the State Of Indiana, its officials, agents, or employees. This contract shall include, but not be limited to, indemnification from: (1) any environmental contamination liability due to the supply, testing, and application of residual sand in road base, embankments, or other projects designated by the Department as agreed to by the parties, and (2) any liability for the clean up or removal of residual sand, or materials incorporating such sand, pursuant to any Environmental Law. The RFS producer also agrees to defend any such action on behalf of the State of Indiana, to pay all reasonable expenses and attorneys fees for such defense, and shall have the right to settle all such claims. Provided, however, that no liability shall arise for any such fees or expenses incurred prior to the time that ______________ Foundry shall have first received actual and timely written notice of any claim against the State which is covered by this Indemnification Agreement. If timely written notice of any claim hereunder is not received by _______________ Foundry, and _________________ Foundry is thereby prejudiced in its ability to defend or indemnify, then to the extent of such prejudice, this Indemnification Agreement shall be void. This Indemnification Agreement does not create any rights in any third party, and is solely for the benefit of the State Of Indiana and its agents, officials, and employees. RECYCLED FOUNDRY SAND TS-29 IN20080273 DRAINAGE STRUCTURES TS-30 IN20080273 SP-30 DRAINAGE STRUCTURES Certain drainage structures are to be connected to existing drainage structures at specific locations on this project. Prior to beginning construction of the structures, the flow line elevations and alignment of the existing structures are to be checked and proven in the field to ensure that these structures can be constructed as shown on the plans. Installation of all new drainage structures involving the removal of portions of existing pipe and existing structures shall be accomplished such that unnecessary damage to the existing pipe to remain in place shall be avoided. During the structure installation, the existing pipe shall be replaced to an extent of 1.5 m (5 LF) maximum from the new structure or as directed by the Engineer. New structures shall be placed in accordance with 720.03 and pipe replacement shall be performed in accordance with 715.04 and 715.05. All drainage structures and pipes within the project limits that are not designated for removal or replacement shall be flushed clean with water. Measurement and payment of the new pipe will be made in accordance with 715.11 and 715.12, respectively. Structure backfill will be paid for in accordance with 211.10. Removal of existing structures and pipe will not be paid for directly, but shall be covered in the cost of the new pipe. The cost of checking the existing structure, cleaning and flushing existing structures and pipes, and the cost of connecting the new drainage structure to the existing drainage structure will not be paid for directly. The cost thereof shall be included in the cost of the contract unit price of the new drainage structure and pipe. All existing structures damaged during construction shall be replaced with no additional payment. SP-31 – STORM SEWER PIPE Description This work shall consist of the construction or reconstruction of pipe culverts, storm sewers, slotted drain pipe, or slotted vane drain pipe in accordance with 105.03. Materials Storm sewer pipes shall be Reinforced Concrete Pipe in accordance with section 907.02 of the standard specifications. A-2000 PVC corrugated drainage pipe with a smooth interior will be considered an acceptable alternate for pipes 36 inch in diameter or less. A-2000 PVC pipe shall in accordance with the attached detail. UNIT COST The cost of storm sewer pipe shall be paid for as “Pipe, Reinforced Concrete, size.” and shall be measured per the lineal foot. STORM SEWER PIPE TS-31 IN20080273 SP-32 – PIPE END SECTIONS All pipe end sections shall be reinforced concrete pipe end sections. UNIT COST The cost of end sections shall be paid for as “Pipe End Section, (size)” per unit price for each installed for the size specified, and shall include all labor and materials required. PIPE END SECTIONS TS-32 IN20080273 SP-33 – CERTIFICATION FOR TEMPORARY TRAFFIC CONTROL DEVICES Category 1 Devices The Contractor shall certify that the following temporary traffic control devices to be used do not exceed the maximum values shown in the table below, and are considered crashworthy at Test Level 3 in accordance with National Cooperative Highway Research Program Report No. 350. Device Composition Maximum Weight (Mass) Maximum Height Single Piece Traffic Cones Rubber 20 lb (9 kg) 36 in. (920 mm) Plastic 20 lb (9 kg) 48 in. (1220 mm) Tubular Markers Rubber 13 lb (6 kg) 36 in. (920 mm) Plastic 13 lb (6 kg) 36 in. (920 mm) Single Piece Drums High Density Plastic 77 lb (35 kg) 36 in. (920 mm) Low Density Plastic 77 lb (35 kg) 36 in. (920 mm) Delineators Plastic, Fiberglass N/A 48 in. (1220 mm) No lights, signs, flags, or other auxiliary attachments are included in the weight (mass) of the devices listed above. Reflective sheeting or reflective buttons are included on delineators. Maximum weights (masses), including ballast, do not exceed the values shown in the table. “Single piece” refers to the construction of the body of the drum exclusive of a separate base, if any. Type A or type C warning lights in accordance with the following specifications will be allowed on drums if they are firmly attached with vandal resistant 1/2 in. (13 mm) diameter by 4 in. (95 mm) cadmium plated steel bolt with nut and a 1 1/2 in. (38 mm) high cup washer. 1. The weight (mass) shall be no more than 5 lb (2.4 kg). 2. The lens diameter shall be 7 to 8 in. (180 to 200 mm). 3. The height of the light shall be 11 to 14 in. (270 to 340 mm). Category II Devices Category II temporary traffic control devices include type III barricades, vertical panels, portable sign standards, and other light-weight traffic control devices. Category II temporary traffic control devices shall be in accordance with the NCHRP Report 350, test level 3. A form will be provided at the pre-construction conference for the Contractor to complete and return to the Engineer prior to the placement of category I or II traffic control devices. CERTIFICATION FOR TEMPORARY TRAFFIC CONTROL DEVICES TS-33 IN20080273 TRAFFIC CONTROL DEVICE REPORT FORM TS-34 IN20080273 SP-34 – TRAFFIC CONTROL DEVICE REPORT FORM SP-35 – ROUNDABOUT PAVEMENT MARKINGS CONTRACTOR shall contact design engineer a minimum of two (2) business days prior to pavement marking layout within the roundabout. ENGINEER must approve the layout of pavement markings within the roundabout prior to the installation of pavement markings. No direct payment will be made for coordination of pavement markings with design engineer, but should be included in the cost of other items. ROUNDABOUT PAVEMEMENT MARKINGS TS-35 IN20080273 SP-36 – ENCAPSULATED LENS HIGH INTENSITY REFLECTIVE SHEETING The Contractor has the option of furnishing the following Stimsonite reflective sheeting in lieu of encapsulated lens high intensity sheeting. Color Series No. White 6210 Yellow 6220 Green 6230 Blue 6240 Red 6250 ENCAPSULATED LENS HIGH INTENSITY REFLECTIVE SHEETING TS-36 IN20080273 SPECIFICATIONS FOR 131ST STREET ROUNDABOUT IMPROVEMENTS TS-37 IN20080273 SP-37 – SPECIFICATIONS FOR 131ST STREET ROUNDABOUT IMPROVEMENTS MAINTAINING TRAFFIC Improvements at the east approach of the 131st and Spring Mill Roundabout and at the west approach of the 131st and Illinois Roundabout shall be constructed while maintaining traffic on the adjacent roadway. Standard Drums shall be used to delineate the travel way from the construction area. Traffic control shall be in general accordance with Standard Drawing No. E-801-TCLC-07 for shoulder work. In addition, XW20-1 “Road Construction Ahead”, signs shall be erected on all approaches in advance of the two roundabouts affected by this construction at appropriate locations prior to the roundabout entrances such as not to conflict with other permanent signage. Construction will required the closure of sidewalks/pedestrian paths. These areas shall be delineated with construction fencing and appropriate signage stating the sidewalk is closed. The CONTRACTOR shall be prepared to have all construction signs erected for the project as specified by the ENGINEER. SAW CUTTING In all areas where proposed construction matches existing conditions, full depth saw cutting shall be required. No direct payment will be made for saw cutting but the cost thereof shall be included in the costs of the other items. HMA – HOT MIX ASPHALT This work shall consist of courses of HMA at the locations shown in accordance with Section 402 of the INDOT Standard Specifications. The HMA course of HMA, Intermediate, Type C, OG, 19.0 mm shall be in accordance with Section 401 of the INDOT Standard Specifications, with the exception of the quality assurance measures referenced. No samples or density cores will be obtained unless directed to by the ENGINEER. HMA paving operations in street approach areas shall utilize the mainline HMA pay items. An asphalt tack coat shall be applied between each course of HMA material or as directed by the ENGINEER. Asphalt tack coat shall also be applied in areas of surface milling and asphalt overlay. SPECIFICATIONS FOR 131ST STREET ROUNDABOUT IMPROVEMENTS TS-37 IN20080273 No direct payment will be made for Asphalt for Tack Coat but the cost therof shall be included in the costs of the HMA items. CONCRETE COLORING AND JOINTING Description This work shall consist of the coloring and jointing of concrete for curb ramps, concrete medians, and roundabout truck aprons. Submittals A. Samples for Color Verification 1. Submit sample chips of specified colors indicating color additive numbers and required dosage rates. Samples indicate general color and may vary from concrete finished in field according to Specifications. B. Product Data: For each type of manufactured material and product indicated. C. Colored Concrete Mock-Up: 1. At location on Project selected by ENGINEER, place and finish 4 x 4 feet Area for each type of finish specified. Demonstrate methods of obtaining consistent visual appearance, including materials, workmanship, and curing method to be used throughout Project. 2. Retain samples of cements, sands, aggregates and color additives used in mock-up for comparison with materials used in remaining Work. 3. Accepted mock-up provides visual standard for work of Section. 4. Mock-up may remain as part of Work, as directed by ENGINEER. Remove when no longer required for comparison with finished work. Materials A. Concrete shall be in accordance with the plans and Section 500 of INDOT Standard Specifications. B. The concrete color shall be “GREEN SLATE” as manufactured by DAVIS COLORS; phone 800-356-4848, e-mail info@daviscolors.com, or internet www.daviscolors.com or an approved equal. C. Colored concrete will be an integral coloring application, with coloring additives mixed in accordance with manufacturer’s instructions. Mix until color additives are uniformly dispersed throughout mixture. D. Curing Compound for Colored Concrete: Curing compound shall comply with ASTM C309 and be approved by color additive manufacturer for use with colored concrete. Provide JS Crystal Clear cure and seal, or an approved equal. E. Admixtures: Do not use calcium chloride admixtures. SPECIFICATIONS FOR 131ST STREET ROUNDABOUT IMPROVEMENTS TS-37 IN20080273 Construction Requirements A. Prepare subgrade and install colored concrete in accordance with the plans and Section 500 of the INDOT Standard Specifications, except as noted herein. B. Joints shall be tooled in patterns indicated on plans, or as noted herein. Roundabout truck aprons shall be scored radial to the center point of the roundabout in a 24” grid pattern. Median pavements and curb ramps shall be scored in a 12” grid pattern perpendicular to the roadway. C. Tooled Joints: Form joints after initial floating by grooving and finishing each edge of joint with grooving tool to a ¼ inch radius. Repeat grooving of contraction joints after applying surface finishes. Eliminate tool marks on concrete surfaces. Edges of colored concrete not contained by standard concrete shall be tooled in the same manner. D. Finish: Colored concrete shall have a broomed finish. Pull broom across freshly floated concrete to produce texture indicated in straight lines perpendicular to main line of traffic. Do not dampen brooms. Roundabout truck aprons shall have a light broom finish. Medians and curb ramps shall have a medium broom finish. E. Curing: Apply curing compound for colored concrete in accordance with manufacturer’s instructions. Apply curing compound at consistent time for each pour to maintain close color consistency. F. Protect adjacent finished surfaces from splatters. G. Do not add water to concrete at job site or within concrete truck during delivery, fog or spray surface with water, or put into pumps or onto tools or brooms. The only finishing product that will be permitted as a substitute for water will be Fritz- Pak Control Finish, or approved equal. Mixing and application shall be performed per the manufacturer’s recommendations. H. Do not apply color additives meant for integral coloring to surface of concrete. METHOD OF MEASUREMENT Colored Concrete will be measured by the square yard. BASIS OF PAYMENT The accepted quantities of Decorative Concrete will be paid for at the contract unit price per square yard. Payment will be made under: PAY ITEM UNIT Colored and Jointed Concrete, 7” SYS Curb Ramp, Concrete (All Types) SYS SPECIFICATIONS FOR 131ST STREET ROUNDABOUT IMPROVEMENTS TS-37 IN20080273 STONE BASE FOR COLORED CONCRETE AREAS Curb ramps shall be constructed in accordance with Section 604 and as specified herein. Concrete median shall be constructed in accordance with Carmel Standard Drawings and as specified herein. A compacted aggregated #53 stone base shall be provided for these items in accordance with Section 604. The cost of providing a 6” base of compacted aggregate with #53 stone for all proposed curb ramps and a 12” base of compacted aggregate with #53 stone for proposed concrete medians shall be included in the pay item for the applicable colored concrete feature. All stone, grading, hauling, compaction and labor in placing the stone shall be included in the pay item. ADJUSTING RINGS No brick or block shall be used in the construction of a manhole or when adjusting the elevation of the frame and cover. When one solid riser or barrel section cannot be used, the final adjustments in elevation of the frame and cover shall only be accomplished by the use of precast concrete adjusting rings as shown in the Plans, and conforming to ASTM C-478. Not more than twelve (12) inches of total adjusting rings shall be allowed per structure. Joints between adjusting rings and casting shall be sealed utilizing one of the following elements: 1. An approve rubber gasket manufactured and installed in accordance with ASTM C443, latest edition 2. Trowelable grade butyl rubber 3. A 1/2 inch diameter non-asphaltic mastic (Kent Seal or approved equal) conforming to AASHTO M-198 and Federal Specification SS-521-A. STRUCTURE NO.’s 1, 2, 3, & 4 This work shall be in accordance with INDOT Standard Specifications and as shown on the plans. All backfill shall be flowable fill. No measurement or payment will be made for the separate items of work involved in constructing each structure but instead payment will be based on the completed structure in place. RESTORE LANDSCAPE AND IRRIGATION There are existing plantings and irrigation systems that will be affected and disturbed by the construction of the project. The CONTRACTOR shall replace, relocate, and/or reconfigure the plantings and irrigation systems in general conformance with the details of the original landscape and irrigation construction as shown in the plans. No measurement SPECIFICATIONS FOR 131ST STREET ROUNDABOUT IMPROVEMENTS TS-37 IN20080273 or payment will be made for the separate items of work involved but instead payment will be based on the completed landscape and irrigation in place. The CONTRACTOR shall prepare and submit plans for the proposed reconstruction of the irrigation system to the ENGINEER for review and approval prior to ordering materials and commencing work on this item.