York Construction/Util/Water Main 106th - keystone to Westfieild/$991380 I
AGREEMENT
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l THIS AGREEMENT is dated as of the 3 I day of 11Vi r<--1-1. in the year 2010 by and
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1� between the City of Carmel, Indiana, (hereinafter called OWNER)and York Construction &Excavation,
I� Inc., (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Edi Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
r is generally described as follows:
36-in. Water Transmission Main
(106th St. from Keystone to Westfield Blvd.)
1 Contract 66B
Article 2. ENGINEER.
ILThe Project has been designed by Jones & Henry Engineers, Ltd.,who is hereinafter called ENGINEER .
and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights
' and authority assigned to ENGINEER in the Contract Documents in connection with completion of the
L Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES.
li - 3.1 The Work will be completed as provided in the following.
ill3.1.1 The 36-in. water main shall be installed &tested and all Work Substantially
Complete within 70 days after the date when the Contract Time commences to
run as provided in paragraph 2.3 of the General Conditions.
3.1.2 All remaining Work shall be completed and ready for final payment in
accordance with paragraph 14.13 of the General Conditions within 80 days after
the date when the Contract Time commences to run.
3.2 Liquidated Damages: OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize
the delays, expense and difficulties involved in proving the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly, instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay OWNER Six Hundred Dollars ($600.00)
for each day that expires after the time specified in paragraph 3.1 for Substantial
gil Completion until the Work is substantially complete. After Substantial Completion if
CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the
time specified in paragraph 3.1 for completion and readiness for final payment or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Six
Hundred Dollars ($600.00)for each day that expires after the time specified in paragraph
3.1 for completion and readiness for final payment.
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451-6051 Contract 66B A- 1 Agreement
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co Article 4. CONTRACT PRICE.
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OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents in current funds based on the bid prices as set forth in the conformed copy of the
CONTRACTOR's Bid hereto attached.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress Payments; Retainage: OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Applications for Payment as
recommended by ENGINEER, no more often than monthly during construction as
provided in paragraphs 5.1.1. and 5:1.2. below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions.
Progress payment will be made for 90% of Work completed (with the balance
being retainage). If Work has been 50% completed as determined by
ENGINEER, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of
ENGINEER, may determine that as long as the character and progress of the
Work remain satisfactory to them, there will be no additional retainage on
account of Work completed in which case the remaining progress payments prior
to Substantial Completion will be in an amount equal to 100% of the Work
completed.
Progress payment will be made for 90% of invoice price for materials
and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as
provided in paragraph 14.2 of the General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments
to CONTRACTOR to 98% of the Contract Price (with the balance being
retainage), less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
The CONTRACTOR is entitled to receive interest on all monies not paid when due as provided in Article
14 of the General Conditions. The CONTRACTOR must initiate the request to establish an escrow
account and an escrow agent with the City's Utility Director. If no request is made by the
CONTRACTOR, the right to receive interest on all monies not paid when due is waived by the
CONTRACTOR.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
451-6051 Contract 668 A-2 Agreement
7.1 CONTRACTOR has examined and carefully studied the Contract Docurents (including
the Addenda listed in paragraph 8) and the other related data identified in the Bidding
Documents including "technical data."
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance or
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress,performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the
determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the
extent of the "technical data contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General
Conditions. CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's purposes.
CONTRACTOR acknowledges that OWNER and ENGINEER do not assume
responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface,
1, subsurface and Underground Facilities) at or contiguous to the site or otherwise which
may affect cost, progress, performance or furnishing of the Work or which relate to any
aspect of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
El • 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
11 , 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the
Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performing and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning Work consist of the following:
8.1 This Agreement(pages A-1 to A-6, inclusive).
I.y
8.2 Exhibits to this Agreement(pages -A-7 through A-16).
8.3 Performance and other Bonds, identified as Exhibits B and C and consisting of 4 pages.
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451-6051 Contract 66B A-3 Agreement
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8.4 Notice to Proceed identified as Exhibits F.
8.5 General Conditions(pages B-GC-1 to B-GC-42, inclusive).
8.6 Supplementary Conditions (pages B-SC-1 to B-SC-14, inclusive)and Additional
r[,. Supplementary Conditions (Pages B-ASC-1 to B-ASC- 7.)
--. 8.7 Specifications bearing the title 36-in. Water Transmission Main, Contract 66B,consisting
of all sections listed in Table of Contents thereof.
8.8 Drawings, consisting of a cover sheet and sheets numbered 1 through 7, inclusive with
each sheet bearing the following general title:
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36-in. Water Transmission Main
(106th St. from Keystone to Westfield Blvd.)
Contract 66B
(The drawings are not attached to this Agreement.)
T '. 8.9 Addenda numbers I to_3_, inclusive.
8.10 CONTRACTOR's Bid (pages B-1 to B-9 inclusive) marked Exhibit A.
¢;''; 8.11 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
7',, The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement(except as expressly
' noted otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents
1 may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General
Conditions.
• Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
`_"1 will have the meanings indicated in the General Conditions.
9.2 No assignment by a parry hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent(except
to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment
_ will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
• representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall
F continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
- Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
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`•0 451.6051 Contract 66B A-4
�. Agreement
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed 5 copies of tins Agreement. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. AU portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or identified by ,
ENGINEER on their behalf.
This Agreement will be effective on'/U-411 3 , 2010 (which is the Effective Date of this Agreement).
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City of Cannel, Indiana York Construction & Excavation, Inc.
I - Owner Contractor
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By It's Board of Works &Pub9i,;fety By [vy^- re c pe,R )—
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I ': D'.na . Cordray, C Irreasurer l
Address for giving notices Address for giving notices
LS One Civic Square
Carmel, IN 46032
License No.
Agent for service of process:
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® A. LISTED "OR-EQUAL" OR SUBSTITUTIONS
a. The name or make of any piece of equipment or material of construction specified in Part
C of the Contract Documents and identified on the Bid Substitution List shall be used in
determining the base bid price. Where two or more Equipment or Product Manufacturers
are named, bidders may use any of the named. Bidder may offer"Or-Equal" or
substitutions for specified Equipment or Product Manufacturer,provided they name on
the Bid Substitution List the "Or-Equal" or substitute offered together with the total
--, amount to be added to, or deducted from the amount of their base bid for the
corresponding project item.
b. All provisions for review and acceptance of an offered substitute shall comply with the
Contract Documents. Owner reserves the right to accept or reject any offered substitute.
c. If the bidder names no substitute on his "Bid Substitution List" the specified Equipment
or Product Manufacturers shall be used.No additional substitutes may be offered for
items on the "Bid Substitution List" subsequent to the award of the Contract.
d. Contract award shall be determined by base bid.
■
® BID SUBSTITUTION LIST
Section/ Specified Equipment of Substitute Total Total
Subsection Product Manufacturer Offered Addition Deduction
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5. BIDDER agrees that the Work will be substantially complete and completed and ready for final
payment in accordance with paragraph 14.13. of the General Conditions on or before the dates or
within the number of calendar days indicated in the Agreement.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure
to complete the Work within the times specified in the Agreement.
NE6. The following documents are attached to and made a condition of this Bid:
a. Required Bid Security in the form of Surety Bond or Certified Check.
451-6015 Contract 6613 B-5 Bid
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7. Communications concerning this Bid shall be addressed to the address of BIDDER indicated
below Bidder's signature or to the following address:
8. The terms used in this Bid which are defined in the General Conditions or Instructions will have
1 the meanings indicated in the General Conditions or Instructions.
Submitted on , 20
-- If BIDDER is:
An Individual
By
(Individual's Signature)
Doing business as
Business Address:
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® Phone No.:
A Partnership
By
(Firm Name)
(General Partner's Signature)
(Title)
Business Address:
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Phone No.:
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451-6015 Contract 66B B-6 Bid
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A Corporation
��®� By \ Q�C � FkC-P�c,as I I � �
11 (Corporation Name)
•
(St,te of Incorporation)
(Signat4 f Pe1rson Authorized to Sign)
cr.S \� c r� r
(Title)
(Corporate Seal)
Attest S ea
/Secre j)
Corporate Address: C )DO Up'
WN.urJe-.e J L-E')30.4
Phone No.: CS---)Coo— L 6
Date of Qualification to do Business is: 2-c0/
A Joint Venture
By
(Signature)
I
(Address)
By
(Signature)
(Address)
Phone Number and Address for Receipt of Official Communications
I
(Each joint venturer must sign. The manner of signing for each individual,partnership, and corporation
that is a party to the joint venture should be in the manner indicated above).
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451-6015 Contract 66B B-7 Bid
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CARMEL UTILITIES
760 3r`1 Avenue S.W., Suite 110
Carmel, Indiana 46032
PH (317)571-2443 WATER UTILITY
FAX (317) 571-2265 WASTEWATER UTILITY
ADVERTISEMENT FOR BIDS
CITY OF CARMEL, INDIANA
36-in. Water Transmission Main
(106th St:from Keystone to Westfield Blvd.)
Contract 668
Sealed Bids for the City of Carmel, 36-Inch Water Transmission Main, Contract 66B will
be received by the City of Carmel, Indiana, ("Owner") at the office of the Clerk Treasurer
in City Hall, One Civic Square, Cannel, Indiana 46032, until 10:00am, local time, on
February 17, 2010. The Bids will be publicly opened and read by the Board of Public
Works and Safety at 10:00am on February 17, 2010 in Council Chambers at City Hall.
The Bid should be clearly marked "BID ENCLOSED Contract No. 66B" on the outside
of the envelope, and as otherwise set forth in the Bid Documents.
G
In general, the work consists of: installing approximately 2,700 LF of 12-in. & 36-inch
DIP water main along 106'1i Street from Keystone Ave. to Westfield Boulevard as shown
�. on the Contract Drawings. Copies of the Bidding Documents may be examined at the
office of the Utility Director, or at the office of CrossRoads Engineers, PC, 3417
Sherman Drive, Beech Grove, Indiana 46107 (317-780-1555), without charge. Copies of
the bid documents for Contract 66B may be obtained from the office of CrossRoads
Engineers, PC, upon the non-refundable deposit of$50.00, check,only, made payable to
. Crossroads Engineers, PC., for each set of Bidding Documents.
Bids must be submitted on the forms found in the Bid package, must contain the names
of every person or company interested therein, and shall be accompanied by a Bid Bond
r"• in the amount of 10% of the amount bid with satisfactory corporate surety or by a
certified check on a solvent bank in the amount of 10% of the Bid, subject to Revised
Form 96 conditions provided in the Instructions to Bidders. The successful bidder will be
required to furnish satisfactory Performance-and Payment Bonds in the amount of 100%
of the Bid.
Any Bid may be withdrawn prior to the scheduled closing time for receipt of Bids, but no
bidder shall withdraw his Bid within 60 days after the actual opening thereof.
The Owner 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 solicitation 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. The Owner also reserves the right to waive irregularities in any Bid, and to
accept any Bid which is deemed most favorable to the Owner.
Diana Cordray
Clerk Treasurer
City of Carmel, Indiana
451-6015 Contract 66n AD-I Advertisement ler Bids
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INSTRUCTIONS TO BIDDERS-
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1. Defined Terms
3 Terms used in these Instructions to Bidders, which are defined in the General Conditions, have the
meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions
to Bidders have the meanings indicated below, which are applicable to both the singular and plural
thereof.
1.1 Bidder - One who submits a Bid directly to Owner as distinct from a sub-bidder, who
Isubmits a bid to a Bidder.
1.2 Issuing Office - The office from which the Bidding Documents are to be issued and
where the bidding procedures are to be administered.
® l.3 Successful Bidder - The Bidder to whom Owner (on the basis of Owner's evaluation as
hereinafter provided) makes an award.
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2. Copies of Bidding Documents
2.1 Complete sets of the Bidding Documents may be obtained as stated in the Advertisement.
—� 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the
use of incomplete sets of Bidding Documents.
u➢ 2.3 Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a
license or grant for any other use.
El3. Qualifications of Bidders
To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five
days of Owner's request, written evidence, such as financial data, previous experience, present
commitments, equipment manufacturers to be used, and subcontractors. Each Bid must contain evidence
of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such
qualification prior to award of the Contract.
4. Examination of Contract Documents and Site
4.1 It is the responsibility of each Bidder before submitting a Bid:
EI4.1.1 To examine thoroughly the Contract Documents and other related data identified
c ' in the Bidding Documents (including "technical data" referred to below);
4.1.2 To visit the site to become familiar with and satisfy Bidder as to the general,
local and site conditions that may affect cost, progress, performance or furnishing
ri of the Work;
El 4.1.3 To consider federal, state and local Laws and Regulations that may affect cost,
progress, performance or furnishing of the Work;
4.1.4 To study and carefully correlate Bidder's knowledge and observations with the
ElContract Documents and such other related data; and
4.1.5 To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies,
Ell which Bidder has discovered in or between the Contract Documents and such
other related documents.
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4.2 Reference is made to the Supplementary Conditions for identification of:
III4.2.1 Those reports of explorations and tests of subsurface conditions at or contiguous
to-the site, which have been utilized by Engineer in preparation of the Contract
® 451-6051 Contract 66a 1- I Instructions to Bidders
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Documents. Bidder may rely upon the general accuracy of the technical data
contained in such reports but not upon other data, interpretations, opinions, or
information contained in such reports or otherwise relating to the subsurface
conditions at the site, nor upon the completeness thereof for the purposes of
�.— bidding or construction.
El4.2.2 Those drawings of physical conditions in or relating to existing surface and
subsurface structures (except Underground Facilities) which are at or contiguous
to the site that have been utilized by Engineer in preparation of the Contract
IIIDocuments. Bidder may rely upon the accuracy of the technical data contained in
such drawings but not upon the completeness thereof for the purposes of bidding
I, or construction.
II .
4.2.3 Copies of such reports and drawings may be examined by any Bidder on request.
` Those reports and drawings arc not part of the Contract Documents, but the
II "technical data" contained therein upon which Bidder is entitled to rely as
provided in Paragraph 4.2 of the General Conditions has been identified and
established in Paragraph SC-4.2 of the Supplementary Conditions. Bidder is
responsible for any interpretation or conclusion drawn from any "technical data"
or any such data, interpretations, opinions or information.
4.3 Information and data shown or indicated in the Contract Documents with respect to -
Underground Facilities at or contiguous to the site is based upon information and data
furnished to Owner and Engineer by owners of such Underground Facilities or others,
En
and Owner and Engineer do not assume responsibility for the accuracy or completeness
II thereof unless it is expressly provided otherwise in the Supplementary Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders with respect to subsurface conditions, other physical conditions and
III Underground Facilities, and possible changes in the Contract Documents due to differing
or anticipated conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.
4.5 Before submitting a Bid, each Bidder will be responsible to obtain such additional or
MIsupplementary examinations, investigations, explorations, tests, studies and data
'° concerning conditions (surface, subsurface, and Under-ground Facilities) at or contiguous
to the site or otherwise which may affect cost, progress, performance or furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences or
111. procedures of construction to be employed by Bidder and safety precautions and
programs incident thereto or which Bidder deems necessary to determine its Bid for
performing and furnishing the Work in accordance with the time, price and other terms
it
and conditions of the Contract Documents.
_ 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such
explorations, tests and studies as each Bidder deems necessary for submission of a Bid.
Bidder must fill all holes and clean up and restore the site to its former condition upon
'q completion of such explorations, investigations, tests and studies.
4.7 Reference is made to the Supplementary Conditions for the identification of the general
- nature of work that is to be performed at the site by Owner or others (such as utilities and
other prime contractors) that relates to the work for which a Bid is to be submitted. On
request, Owner will provide to each Bidder for examination access to or copies of
Contract Documents (other than portions thereof related to price)for such work.
4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception the
Bid is premised upon performing and furnishing the Work required by the Contract
Documents and applying the specific means, methods, techniques, sequences or
procedures of construction (if any) that may be shown or indicated or expressly required
by the Contract Documents, that Bidder has given Engineer written notice of all conflicts,
36-Inch Water Mainl45 I-6015 I-2 Instructions to B elders
errors, ambiguities and discrepancies that Bidder has discovered in the Contract
f: Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and
1 that the Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the Work. •
4.9 The provisions of 4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated
biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by
Paragraph 4.5 of the General Conditions.
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a 5. Availability of Lands for Works, etc.
;,.• The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and
other lands designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction facilities,
c:r
construction equipment, or storage of materials and equipment to be incorporated in the Work are to be•
provided by Contractor. Easements for permanent structures or permanent changes in existing structures
'.r: are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.
6. Interpretations and Addenda
6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to
Engineer. Interpretations or clarifications considered necessary by Engineer in response
to such questions will be issued by Addenda, mailed or delivered to all parties recorded
i'M by Engineer as having received the Bidding Documents. Questions received less than ten
days prior to the date for opening of Bids may not be answered. Only questions answered
by formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer.
®1 7. Bid Security
�� 7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount
stated in the Advertisement and in the form of a certified or bank check or a Bid Bond
II (on form attached) issued by a Surety meeting the requirements of Paragraph 5.1 of the
General Conditions.
7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Agreement, furnished the required contract security, and met the other conditions of
the Notice of Award, whereupon the Bid security will be returned. If the successful
Bidder fails to execute and deliver the Agreement and furnish the required contract
Elsecurity within fifteen days after the Notice of Award, Owner may annul the Notice of
L. Award and the Bid security of that Bidder will be forfeited. The Bid security of other
Bidder whom Owner believes to have a reasonable chance of receiving the award may be
retained by Owner until the earlier of the seventh day after the Effective Date of the
Agreement or the time specified in the Advertisement for Bids, whereupon Bid security
furnished by such Bidders will be returned. Bid security with Bids which are not
competitive will be returned within seven days after the Bid opening.
8. Contract Time
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The number of days within which, or the dates by which, the Work is to be substantially completed and
lir also completed and ready for final payment (the term "Contract Times" is defined in Paragraph 1.12 of
the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the
Elattached Bid Form).
��� 9. Liquidated Damages
Provisions for liquidated damages, if any, are set forth in the Agreement.
rs lig
I451-6051 Contract 66a 1-3 Instructions to Bidders
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s ' 10. Substitute and "Or-Equal"Items
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The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or
specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever
%11- it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of
' material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for
such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The
procedure for submittal of any such application by Contractor and consideration by Engineer is set forth
in paragraphs 6.7.1., 6.7.2., and 6.7.3. of the General Conditions and may be supplemented in the General
® Requirements.
v11. Subcontractors, Suppliers, and Others
11.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers,
and other persons and organizations (including those who are to furnish the principal
� items of material and equipment) to be submitted to Owner in advance of the specified
I( date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and
any other Bidder so requested, shall within five days after the Bid opening submit to
F^ Owner a list of all such Subcontractors, Suppliers, and other persons and organizations
® proposed for those portions of the Work for which such identification is required. Such
c
list shall be accompanied by an experience statement with pertinent information
regarding similar projects and other evidence of qualification for each such -
Ill Subcontractor, Supplier, person, or organization if requested by Owner. If Owner or
Engineer who after due investigation has reasonable objection to any proposed
1 Subcontractor, Supplier, other person, or organization, may before the Notice of Award is
given request apparent Successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent Successful Bidder declines to make any such
i_ substitution, Owner may award the Contract to the next lowest Bidder that proposes to
use acceptable Subcontractors, Suppliers, and other persons and organizations. The
1, declining to make requested substitution will not constitute grounds for sacrificing the
lBid security of any Bidder. Any Subcontractor, Supplier, other person, or organization
listed and to whom Owner or Engineer does not make written objection prior to the
Elgiving of the Notice of Award will be deemed acceptable to Owner and Engineer subject
to revocation of such acceptance after the Effective Date of Agreement as provided in
Paragraph 6.8.2 of the General Conditions.
El11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person, or
organization against whom Contractor has reasonable objection.
111 12. Bid Form
12.1 The Bid Form is included with the Bidding Documents. Additional copies may be
obtained from Engineer(or Issuing Office).
19 12.2 All blanks on the Bid Form must be completed by printing in ink or by typewriter. The
I . Bid price of each item on the form must be stated in words and numerals. In case of a
conflict, words will take precedence.
12.3 Bids by corporations must be executed in the corporate name by the president or a vice
president (or other corporate officer accompanied by evidence of authority to sign) and
the corporate seal must be affixed and attested by the secretary or an assistant secretary.
The corporate address and state of incorporation must be shown below the signature.
12.4 Bids by partnerships must be executed in the partnership name and signed by a general
1,WIi+ partner, whose title must appear under the signature, and official address of the
partnership must be shown below the signature.
Li12.5 All names must be typed or printed in blue ink below the signatre.
12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of
which must be filled in on the Bid Form).
I36-Inch Water Main/451-6015 1-4 Instructions to Bidders
I
12.7 The address and telephone number for communications regarding the Bid'must be shown.
p 12.8 Evidence of authority to conduct business as an out-of-state corporation in the state
as where the Work is to be performed shall be provided in accordance with Paragraph 3
above. State contractor license number, if any, must also be shown.
DB12.9 In all unit price items, the Bidder shall fill in the unit price bid for each item and in
addition thereto make an extension based on the estimated quantities.
13. Submission of Bids
Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall
be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated
portion of the Project for which the Bid is submitted) marked "Bid Enclosed" and name and address of
Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the
mail or other delivery system, the sealed opaque envelope shall be enclosed in a separate envelope with
the notation "BID ENCLOSED" on the face of it.
14. Modification and Withdrawal of Bids
Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid
must be executed) and delivered to the place where Bids are to be submitted at any time prior to the
opening of Bids.
It— 15. Opening of Bids
Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids
are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be
made available to Bidders after the opening of Bids.
16. Bids to Remain Subject to Acceptance
All bids shall remain subject to acceptance for the time stated in the Advertisement, but Owner may, in its
sole discretion, release any Bid and return the Bid security prior to that date.
17. Award of Contract
® 17.1 Owner reserves the right to reject any and all Bids, including without limitation the rights
to reject any and all nonconforming, non-responsive, unbalanced or conditional Bids and
to reject the Bid of any Bidder if Owner believes that it would not be in the best interest
of the Project to make an award to that Bidder, whether because the Bid is not responsive
or the Bidder is unqualified or of doubtful Financial ability or fails to meet any other
pertinent standard or criteria established by the Owner. The Owner reserves the right to
{ waive any and all informalities not involving price, time, or changes in the Work and to
negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication
of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies
between the indicated sum of any column of figures and the correct sum thereof will be
resolved in favor of the correct sum. Discrepancies between words and figures will be
resolved in favor of words.
17.2 In evaluating Bids, Owners will consider the qualifications of the Bidder, whether or not
the Bids comply with the prescribed requirements, and such alternates, unit prices, and
other data as may be requested in the Bid Form or prior to the Notice of Award.
17.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the
identity of Subcontractors and other persons and organizations must be submitted as
provided in the Supplementary Conditions. Owner also may consider the operating costs,
maintenance requirements, performance data, and guarantees of major items of materials
and equipment proposed for incorporation in the Work when such data is required to be
submitted prior to Notice of Award.
451-6051 Contract 66a 1-5 Instructions to Bidders
I _ 17.4 Owner may conduct such investigations as Owner deems necessary to assist in the
rievaluation of any Bid and to establish the responsibility, qualifications and financial
ability of Bidders, proposed Subcontractors, Suppliers, and other persons and
in organizations to perform and furnish the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time.
17.5 If the Contract is to be awarded, it will be awarded to the lowest responsive, responsible
Bidder and whose evaluation by Owner indicates to Owner that the award will be in the
PIbest interests of the Project.
17.5.1 Each bidder agrees to waive any claim it has or may have against the Owner, the
Architect/Engineer, and their respective employees, arising out of or in connection with
the administration, evaluation, or recommendation of any bid.
17.6 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of
Award within the time stated in the Advertisement after the day of the Bid opening.
18. Contract Security
Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's
Illrequirements as to performance and other Bonds. When the Successful Bidder delivers the executed
Agreement to Owner, it must be accompanied by performance and other bonds as required.
I19. Signing of Agreement
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three
unsigned counterparts of the Agreement with all other written Contract Documents attached. Within
fifteen days thereafter Contractor shall sign and deliver at least three counterparts of the Agreement and
attached documents to Owner with the required Bonds. Within fifteen days thereafter, Owner shall deliver
one fully signed counterpart to Contractor. Each counterpart is to he accompanied by a complete set of the
Drawings with appropriate identification.
20. Retainage
it-
Provisions concerning retainage are set forth in the Agreement.
21. Wage Rates
The Bidder to whom the Contract is awarded will be required to pay as a minimum, the common
® construction wages, if established for this project and included in the Bid Documents. The Common
Construction Wage Rates, if established for this project, are included in the Additional Supplementary
Conditions or by Addendum.
3 22. N/A
23. Indiana Revised Form 96
iiii
23.1 Each Bidder shall submit State of Indiana,Revised Form 96 with and as part of their Bid.
24. Confined Space Program
24.1 The successful Bidder will be required to sign the City of Cannel's Confined Space
Requirement Acknowledgement form included in the Contract Documents.
25. Pre-Bid Meeting
A Pre-Bid Meeting (non-mandatory) will be held on January 27, 2010 at 11:00 am in City Hall (second
floor)at One Civic Center, Cannel Indiana.
26. The Bid, Performance and Payment Bond forms included in the Bid Documents must be used by
the Bidder/Contractor for the respective bonds.
I
IN36-Incl,Water Mn iid451-6015 1-6 Instructions to Bidders
1
BID PROPOSAL SUMMARY PAGE
Complete the following information and place as the cover page to your bid
packet. Insert all documents into an envelope with project named and your
company name clearly marked on the outside. SEAL THE ENVELOPE.
1
C
Company Name: 'oCk a/U- o C7/off EXc�l vA%>✓
G'7V7o Ltd .sAA)o6e1
rYl v„iG i ,,-. At-23
Project Name: 36-in. Water Transition Main
Contract 66B
February 3, 2010
Date Submitted:
p0
Base Bid Amount: $9Y/ 5W
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36-in.Water Transition Main//451-6051 I-8 Instructions to Bidders
EXHIBIT A
BID
CONTRACT IDENTIFICATION: 36-Inch South Central Water Transmission Main
Contract 66B
THIS BID IS SUBMII 1 ED TO: City of Carmel, Indiana
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted,to enter into an agreement
with OWNER in the fouu included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Bid Price and within the Bid Time
indicated in the Agreement and in accordance with the other terms and conditions of the Contract
1 Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
IN security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening.
BIDDER will sign and submit the Agreement with the Bonds and other documents required by
. the Bidding Requirements within fifteen days after the date of OWNER's Notice of Award.
3. In submitting this Bid,BIDDER represents,as more fully set forth in the Agreement, that:
a. BIDDER has examined and carefully studied the Bidding Documents and the following
Addenda, receipt of all which is hereby aclmowledged: (List Addenda by Addendum
Number and Date.)
Number Date Number Date
M 2I1 (I°
1 112 1110
I 2- 2, LltD
0 b. BIDDER has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost,progress,performance and furnishing of the
II Work.
c. BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost,progress,performance, or furnishing of the Work.
Id. BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or
ggi
MI relating to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the
determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the
zl extent of the "technical data" contained in such reports and drawings upon which
BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions.
BIDDER acluiowledges that such reports and drawings are not Contract Documents and
may not be complete for BIDDER's purposes. BIDDER acknowledges that OWNER and
ENGINEER do not assume responsibility for the accuracy of completeness of
information and data shown or indicated in the Bidding Documents with respect to
Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully
studied (or assumes responsibility for having done so) all such additional or
supplementary examinations, investigations, explorations, tests, studies and data
gi451-6051 Contract 66B B-1 Bid
•
concerning conditions (surface, subsurface and Underground Facilities) at or contiguous
to the site or otherwise which may affect cost,progress, performance or furnishing of the
® Work or which relate to any aspect of the means, methods, techniques, sequences and
procedures of construction to be employed by BIDDER and safety precautions and
program incident thereto. BIDDER does not consider that any additional examinations,
® investigations, explorations, tests, studies or data are necessary for the determination of
this Bid for performance and furnishing of the Work in accordance with times,price and
other terms and conditions of the Contract Documents.
e. BIDDER is aware of the general nature of the Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
f. BIDDER has correlated the information }mown to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
g. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions
for performing and furnishing the Work for which this Bid is submitted.
h. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm, or corporation and is not submitted in conformity with any agreement or
® rules of any group, association, organization, or corporation; BIDDER has not directly or
indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER
has not solicited or induced any person, firm, or corporation to refrain from bidding; and
BIDDER has not sought by collusion to obtain for itself any advantage over any other
Bidder or over OWNER.
4. BIDDER will complete the Work for the unit prices shown on the following pages:
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451-6051 Contract 665 B-2 Bid