TOWN OF ZIONSVILLE
SPECIFICATIONS FOR:
2021 Road Rehabilitation Plans Town Of Zionsville, Boone County, Indiana
Date: March 24, 2021
Vance G. Epple, P.E. Beam, Longest & Neff, L.L.C. 8320 Craig Street Indianapolis, IN 46250
2021 Road Rehabilitation Plans Town Of Zionsville NOTICE TO BIDDERS 2021 Road Rehabilitation Plans for the Town Of Zionsville, Boone County, Indiana
Notice is hereby given that the Town of Zionsville, of the State of Indiana (“Owner”) acting by and through the Mayor will receive sealed bid proposals for construction of the 2021 Road Rehabilitation Plans project.
Sealed proposals may be submitted by registered mail or delivered in person. Proposals sent by registered mail shall be submitted to the address below. Sealed proposals will be received in person at the Zionsville Town Hall, 1100 W. Oak Street, at the Main Entrance on the south side of the building, Zionsville, Indiana 46077 at a public meeting held for this purpose from 12:00 PM EST until 3:00 PM EST on Thursday, April 8th, 2021. All proposals will then be publicly opened and read aloud immediately following this collection period. Any proposals received after the above-designated time will be returned unopened.
Sealed proposals shall be submitted to: Office of the Director of Finance and Records Town of Zionsville 1100 West Oak Street Zionsville, IN 46077
Each proposal shall be a unit price bid. This project provides for the rehabilitation of several existing roadways and all other work incidental to the construction, as required by these Bidding Documents, the Agreement between the Owner and Contractor (the “Agreement”), Indiana Department of Transportation Standard Specifications 2020 including the Supplemental Specifications, General Provisions, Special Provisions (collectively, the “Specifications”) and Plans.
Only proposals from contractors currently registered on the Indiana Department of Transportation's Prequalified Contractor list will be considered. Any proposals submitted by contractors not fulfilling the above requirements will be returned to the bidder unopened.
Construction Plans and Bidding Documents are available for viewing at the following locations after 12:00 p.m. on March 24th, 2021:
Beam, Longest & Neff, L.L.C. 8320 Craig Street Indianapolis, Indiana 46250
Copies of the Bidding Documents may be purchased from Eastern Engineering through the Beam Longest and Neff plan room at http://www.blnplanroom.com. Further information will be posted there on the Job Details page of the job posting. Order options and pricing will be listed on the Order page. Partial sets of Bidding Documents are not available. Copies of any and all addenda which may be issued for this project shall be
2021 Road Rehabilitation Plans Town Of Zionsville Page 1 included with the purchased documents and shall be forwarded to all plan and specification holders of record.
Bidding documents can also be purchased in person at Eastern Engineering Supply at 9901 Allisonville Road, Fishers, Indiana, 46038. Please call Eastern Engineering Supply if you have any questions and/or problems with ordering (317-598-0661).
Plans and Specifications may be examined by the public at the Town of Zionsville website: http://www.zionsville-in.gov/bids.aspx?bidID=29. Individuals having trouble viewing these documents may contact DPW Dir. Lance Lantz at [email protected].
Bids shall be submitted on the Bid Proposal and Itemized Proposal furnished to Bidders. All documents required in the Bidding Documents shall be properly completed, executed and submitted with the Bid Proposal including:
1) Bid Proposal along with the required Itemized Proposal and Form No. 96 as prescribed by the Indiana State Board of Accounts, including a financial statement, a statement of experience, a proposed plan or plans for performing the Work, and the equipment the Bidder has available for the performance of the Work;
2) Contractor’s Signature Affidavit (if applicable);
3) Bidder shall file a certified check or Bid Bond with each Bid Proposal, in an amount equal to ten (10) percent of the total bid amount, made payable to the Town of Zionsville. The check or bond will be held by the the Town of Zionsville as evidence that the bidder will, if awarded the contract, enter into the contract with the Owner within ten (10) consecutive calendar days from the acceptance of the Bid Proposal, the Agreement as included in the Bidding Documents. Failure to enter into the contract will be cause for forfeiture of the sum of the check or bond.
4) A fully executed Legal Status of Bidder form;
5) A fully executed Non-Discrimination Affidavit;
6) A fully executed Non-Collusion Affidavit;
7) A Contractor’s Affidavit of Subcontractors Employed;
8) Filed an Acknowledgement of Receipt of Addendum.
9) A fully executed E-Verify Affidavit; and
10) A fully executed Drug Testing Program form.
All Bid Bonds and certified checks of unsuccessful bidders will be returned by the Owner upon selection of the successful Bidder. The certified check or Bid Bond of the successful Bidder shall be held until delivery of the fully executed Agreement, Performance Bond and Payment Bond.
2021 Road Rehabilitation Plans Town Of Zionsville Page 2 A Performance Bond with good and sufficient surety, acceptable to the Owner and Engineer, shall be required of the successful Bidder in an amount equal to at least one hundred percent (100%) of the Contract Price, conditioned upon the faithful performance of the Agreement.
The Contractor shall execute a Payment Bond to the Owner, approved by Owner and Engineer and for the benefit of the Owner, in an amount equal to one hundred percent (100%) of the Contract Price. The Payment Bond is binding on the Contractor, the subcontractor, and their successors and assigns for the payment of all indebtedness to a person for labor and services performed, material furnished, or services rendered. The Payment Bond must state that it is for the benefit of the subcontractors, laborers, material suppliers, and those performing services. The surety of the Payment Bond may not be released until one (1) year after the Owner’s final settlement with the Contractor.
Failure of a Bidder to enter into the Agreement, execute same and furnish an acceptable Payment Bond and Performance Bond, as hereinafter required, shall be cause for forfeiture of Contractor’s certified check or Bid Bond as liquidated damages to the Owner. Bidder will not be permitted to withdraw its bid for sixty (60) days from the date of bid opening.
All out-of-state corporations must have a certificate of authority to do business in the State. Application forms may be obtained by contacting the Secretary of State, State of Indiana, Statehouse, Indianapolis, Indiana 46204.
The Town of Zionsville reserves the right to waive any and all informalities in the bidding process and to reject any and all bids. All bids submitted shall be valid for sixty (60) days from the date of the bid opening.
By: /s/ Emily Styron Emily Styron Mayor
2021 Road Rehabilitation Plans Town Of Zionsville Page 3 * NOTICE *
Sealed Bid Documents shall contain on the outside of the sealed envelope the following completed label:
SEALED BID DOCUMENTS (To be completed by bidder before submission)
Project Name: 2021 Road Rehabilitation Plans
Name of Bidder: ______
Bid Opening Date & Time: April 8, 2021 - 3:00 p.m.
Other Documents Enclosed: Proposal / Bid (Y) (N) Itemized Proposal (Y) (N) Form 96 (Y) (N) Signature Affidavit (if applicable) (Y) (N) Bid Bond (Y) (N) Certified Check (Y) (N) Legal Status of Bidder (Y) (N) Affidavit of Non-Collusion (Y) (N) Affidavit of Non-Discrimination (Y) (N) Contractor’s Affidavit of Subcontractors Employed (Y) (N) Acknowledgment of Receipt of Addendum (Y) (N) Financial Statement (Y) (N) E-Verify Affidavit (Y) (N) Drug Testing Program (Y) (N)
FOR OFFICIAL USE ONLY RECEIVED: File Stamp
Time Received: ______
* NOTICE *
All mailer packets will be opened upon receipt. Make sure the sealed envelope is contained within.
2021 Road Rehabilitation Plans Town Of Zionsville Page 4
2021 Road Rehabilitation Plans
TABLE OF CONTENTS
PART 1 – BID PACKAGE ...... 6 INSTRUCTIONS TO BIDDERS ...... 7 ITEMIZED PROPOSAL ...... 16 CONTRACTORS BID FOR PUBLIC WORKS ...... 23 SIGNATURE AFFIDAVIT ...... 30 BID BOND ...... 31 LEGAL STATUS OF BIDDER ...... 33 AFFIDAVIT OF NON-COLLUSION ...... 34 AFFIDAVIT OF NON-DISCRIMINATION ...... 35 CONTRACTOR’S AFFIDAVIT OF SUBCONTRACTORS EMPLOYED ...... 36 REQUEST FOR CLARIFICATION ...... 37 ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM ...... 38 FINANCIAL STATEMENT ...... 39 E-VERIFY AFFIDAVIT ...... 40 DRUG TESTING PROGRAM ...... 41 PART 2 – AWARD PACKAGE ...... 42 NOTICE OF AWARD ...... 43 ACCEPTANCE OF NOTICE ...... 43 AGREEMENT BETWEEN OWNER AND CONTRACTOR ...... 44 PERFORMANCE BOND...... 52 PAYMENT BOND ...... 54 CERTIFICATION LETTER ...... 56 CONTRACTOR’S APPLICATION FOR PAYMENT ...... 57 AFFIDAVIT AND WAIVER OF LIEN ...... 59 NOTICE TO PROCEED...... 61 ACCEPTANCE OF NOTICE ...... 61
PART 3 – INDEX TO THE GENERAL PROVISIONS….……………………………………………………62
PART 4 – INDEX TO THE SPECIAL PROVISIONS….……………………..……………………………....71
2021 Road Rehabilitation Plans Town Of Zionsville PART 1 – BID PACKAGE
2021 Road Rehabilitation Plans Town Of Zionsville Page 6 INSTRUCTIONS TO BIDDERS
GENERAL
This project is estimated by the Owner, at One Hundred Fifty Thousand Dollars ($150,000) and above. (Ref. Indiana Code 4-13.6-5-2(a))
PROJECT
Name: 2021 Road Rehabilitation Plans Location: Town of Zionsville, Indiana
DEFINITIONS (see Section 101 of the Standard Specifications for additional information)
The “Agreement” is the Agreement between Owner and Contractor to be entered into by the Owner and the successful Bidder of the Project.
The “Bidding Documents” include the Notice to Bidders, Instructions to Bidders, Bid Proposal including Itemized Proposal, Signature Affidavit, Bid Bond, Non-Collusion Affidavit, Non- Discrimination Affidavit, Affidavit of Subcontractors Employed, E-Verify Affidavit, Agreement Between Owner and Contractor, Plans, Specifications, including any Addenda to such documents issued prior to the receipt of Bids. All definitions included in the Contract, Specifications or the other Contract Documents shall apply to the Bidding Documents.
The “Specifications” include the Indiana Department of Transportation 2020 Standard Specifications, including all Supplemental Specifications (all directions, provisions, and requirements pertaining to the performance of the Work), General Provisions, and Special Provisions. All references in the Specifications to the “Commissioner” and / or “Department” shall be interpreted to refer and mean the “Owner”. All references in the Specifications to the “Engineer” shall be interpreted to refer and mean the Owner or their authorized representative.
The “General Provisions” include the general requirements for the project.
The “Contract Documents” include the Bidding Documents, Agreement, Plans, Specifications, General Provisions and Special Provisions.
The “Addenda” are written or graphic instruments issued by OWNER or ENGINEER prior to the execution of the Agreement which modify or interpret the Bidding or Contract Documents by additions, deletions, clarifications and corrections.
The “Engineer” is the Owner or their authorized representative.
A “Bid” is a completed and properly signed bid proposal and itemized proposal in which the bidder proposes to perform the work, or designated portion of the work, for the sum or sums stipulated therein and supported by information called for by the Bidding Documents.
An “Alternate Bid” is an amount stated in the bid to be added to or deducted from the amount of the bid if the corresponding change in the scope of the work or products or methods of execution of the work described in the bidding documents are accepted by the OWNER.
The “Contractor” is the firm or corporation with whom the Owner has entered into the Construction Contract.
“Day” means calendar day, unless otherwise specifically defined. 2021 Road Rehabilitation Plans Town Of Zionsville
A “Unit Price” is an amount stated in the Bid as a price per unit of measurement for products or services described in the bidding documents. Unit prices may be used to increase or decrease the contract sum.
SCOPE OF WORK
Bid Proposals are to provide for the construction and completion of the project in every detail of the work described. Bidder shall provide all materials, labor, tools, equipment, supplies, safety equipment, transportation and supervision necessary to perform, and shall perform, the work generally described, in a good and workmanlike manner and in accordance with the Contract Documents (as herein defined) as necessary to produce the results intended by the Contract Documents, including the protection of all property traversed or approached (all hereinafter called the “Work”).
COMPLETENESS OF SPECIFICATIONS AND PLANS
The physical make-up and content of the Plans and Specifications are intended to be complete for preparing and submitting of Bid Proposals. However, the Bidder shall verify to its own satisfaction that all materials issued are complete. Should the Bidder discover that a page or sheet is missing, the Bidder shall notify the Engineer in writing. After bids have been submitted, no claims of ignorance of the requirements of bidding or of construction due to such missing or overlooked materials will be recognized.
The coordination of the Plans and Specifications shall be in accordance with Section 105.04 of the Standard Specifications. In the event of conflict or discrepancies between and among the Contract Documents, figure dimensions shall take precedence over scale measurements, large scale details shall take precedence over small scale plans or drawings, and plans or drawings of a later date shall take precedence over those of an earlier date. Any part of the Work shown on the Plans but not specifically mentioned in the Specifications, or vice versa, shall be considered as part of the Work as though included in both. Likewise, the Work to be undertaken by Contractor shall include all incidental work necessary as customarily done for the completion of the Project even though it may not be specifically described in the Specifications or Plans.
Any discrepancies found between the Plans and Specifications and site conditions or any inconsistencies or ambiguities in the Plans or Specifications shall be immediately reported to the Engineer in writing. Such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Plans and Specifications will then be made. Reliance by the Bidder after the discovery of such discrepancies, inconsistencies or ambiguities shall be at the Bidder's risk.
Bidder’s attention is directed to special or unusual local conditions which may exist. For example, the character and location of existing structures above and underground may not be entirely or accurately represented in the Plans. Therefore, Bidder shall investigate all conditions and representations made in the Plans to its certainty prior to submitting its Bid Proposal. The information shown in the Plans is merely indicative of, or typical, of the nature of some of the existing structures the Bidder may expect to observe or encounter.
BIDDERS REPRESENTATIONS
The Bidding Documents are available for examination by the Bidder at the location(s) and time provided in the Notice to Bidders. The Bid Proposal will be furnished with each set of Plans and Specifications purchased from the Engineer. By submitting a Bid, the Bidder represents that it (1) has fully examined the Bidding Documents, (2) has investigated the nature, locality, and site of
2021 Road Rehabilitation Plans Town Of Zionsville Page 8 the Work and the conditions and difficulties under which the Work is to be performed, and (3) submits its Bid on the basis of its own examination, investigation, and evaluation of all such matters and not in reliance upon any opinions or representations of the Owner or the Engineer.
The Bidder represents that its Bid is based upon the Work described in the Bidding Documents, including materials and equipment, without exception.
Submission of a Bid will be considered as conclusive evidence of the Bidder’s representations. No allowance shall be permitted to the successful Bidder by reason of any error or omission on the Bidder’s part.
EXAMINATION OF THE BIDDING DOCUMENTS
During the bidding period, should questions arise as to the intent, interpretation, correction of any ambiguity, inconsistency, error or meaning of any part of the Plans, Specifications, Addenda, or any other Bidding Document that may affect the Bidder, the Bidder shall submit a written Request for Clarification to the Owner and Engineer. The Owner will make such clarification only by Addendum which shall be emailed to each Bidder. Receipt of all Addenda shall be acknowledged with the Bid Proposal. No written Request for Clarification will be accepted by the Owner unless submitted on the Request for Clarification. All requests must be received no later than 1:00 pm, April 2, 2021. The Bidder shall not rely upon any interpretation, change or correction given by any other method.
Addenda issued as of the Bid Date shall be listed in the Bid Proposal in the space provided. Failure of the Bidder to receive any Addendum shall not relieve the Bidder from any obligations under its Bid.
BIDDING REQUIREMENTS
The Owner will issue Bidding Documents, including Plans, Specifications and Addenda to Bidders, and the same are also available for viewing at the locations listed in Notice to Bidders.
It is mandatory that the Bidder visit the site prior to submitting a Bid and thoroughly familiarize itself with existing site conditions and Work to be performed as indicated in the Bidding Documents, Plans, Specifications, and Addenda. Extra compensation or extension of time will not be allowed for failure to examine the site.
Sealed Bids for the Work will be received at the time, date and location stated in the Notice to Bidders. A Bid received after the Bid Date will be returned to the Bidder unopened.
All Bids must be prepared on the Bid Proposal (including Itemized Proposal) provided in the Bidding Documents.
All blank spaces on the Bid Proposal and Itemized Proposal must be fully filled in by typewriter or in ink. Any inter-lineation, alteration or erasure on the Bid Proposal and Bid Form must be initialed by the person who signed the Bid. The Bidder shall make no additional stipulations on the Bid Proposal or Bid Form and shall not qualify its Bid in any manner.
The Bidder's Itemized Proposal shall include unit prices, amounts and totals for each item listed. The Bid Proposal shall be fully executed, signed and notarized with notary seal attached.
Each copy of the Bid Proposal shall include the legal name of Bidder and shall be signed by the person or persons legally authorized to bind the Bidder. A Signature Affidavit is required with and
2021 Road Rehabilitation Plans Town Of Zionsville Page 9 as a part of the Bid if anyone other than the president of the corporation is signing the bid documents. A Bid Proposal and other documents submitted by an agent shall have a Signature Affidavit attached certifying the agent’s authority to legally bind the Bidder. All required bid documents must contain original hand-written signatures.
All copies of the Bid Proposal, the Bid Bond and any other documents required to be submitted with the Bid Proposal by statute, rules or these instructions shall be enclosed together in a single sealed envelope. Bid Proposals shall be rejected if all required documents are not in a single sealed envelope. The envelope shall be addressed to the Owner and shall be identified by the Project name, the Bidder’s name and address, Bid time and Bid date. If the Bid is sent by mail, the sealed envelope must be marked with the notation “BID ENCLOSED”. Oral, facsimile, telegraphic and electronic Bids will not be received by Owner.
Each bidder must file with the Bid Proposal a completely filled in General Form 96, as prescribed by the State Board of Accounts, and including a financial statement.
Each bidder must file with the Bid Proposal a Signature Affidavit, if applicable, signed by the same authorized person(s) who signed the Bidding Documents, notarized with seal affixed.
Each bidder must file with the Bid Proposal a completely filled in and executed Bid Bond or certified check as required by Ind. Code 36-1-12-4.5. The Bid Bond penal sum or certified check amount shall be ten (10) percent of the Bid Proposal including all additive alternatives.
Each bidder must file with the Bid Proposal a Legal Status of Bidder signed by the same authorized person(s) who signed the Bid, notarized with seal affixed.
Each bidder must file with the Bid Proposal a Non-Collusion Affidavit signed by the same authorized person(s) who signed the Bid, notarized with seal affixed.
Each bidder must file with the Bid Proposal a Non-Discrimination Affidavit signed by the same authorized person(s) who signed the Bid, notarized with seal affixed.
Each bidder must file with the Bid Proposal, the completed Contractor’s Affidavit of Subcontractors Employed which lists the subcontractors, whose subcontract amount will be $100,000.00 or more, with whom the Bidder proposes to perform work.
Each bidder must file with the Bid Proposal an Acknowledgment of Receipt of Addendum signed by the same authorized person(s) who signed the Bid, notarized with seal affixed.
Each bidder must file with the Bid Proposal an E-Verify Affidavit signed by the same authorized person(s) who signed the Bid, notarized with seal affixed.
Each bidder must file with the Bid Proposal a Drug Testing Program signed by the same authorized person(s) who signed the Bid, notarized with seal affixed.
A Bidder with proper identification may withdraw his Bid at any time prior to the scheduled time for receipt of the Bids; however, no Bid may be withdrawn without written consent of the Owner for a period of sixty (60) days after the Bid Date, or unless extended in accordance with Ind. Code 36-1-12-6. Bids received after the designated due time for any reason shall be rejected and returned unopened to the Bidder. All Alternate Bids shall be held open and may not be withdrawn or modified by the Bidder for a period not to exceed sixty (60) days after execution of the Agreement. The Owner reserves the right to accept or reject any Bid and to waive any irregularities in bidding.
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The Owner reserves the right to request updated financial information or contractor experience as a basis for rejection of Bid or award of contract.
NOTICE OF AWARD AND AWARD PROCEDURE
Prior to execution of the Agreement, the Owner will issue to the successful Bidder a Notice of Award stating that its Bid was the responsible and responsive bid and that the enclosed Agreement is submitted for execution without further negotiation. If the successful bidder finds it in accordance with the Bidding Documents, it is to be returned to the Owner by certified mail or in person within ten (10) calendar days after receipt for further execution and with the caution that a contract will not exist until it is signed by all signatories required. Failure to execute the proper Agreement and furnish the ancillary documents shall constitute reason for surrender of the Bid Bond or certified check.
At the time of returning the executed Agreement to the Owner, the successful Bidder shall furnish a completed and executed Performance Bond and Payment Bond to the Owner as part of the Agreement.
BIDS MAY BE REJECTED FOR THE FOLLOWING REASONS
If the Bidder’s Bid Proposal, Signature Affidavit, Bid Bond, Non-Collusion Affidavit, Non- Discrimination Affidavit, Legal Status of Bidder, E-Verify Affidavit, Drug Testing Program, or Contractor’s Affidavit of Subcontractors Employed are not signed and notarized as required by these Instructions to Bidders.
If the Bidder has submitted a Bid Proposal that does not conform in all material respects to the Plans, Specifications and Addenda.
If the Bidder’s Bid Proposal does not comply specifically with the Notice to Bidders and Instruction to Bidders.
If the Bidder has not complied with the applicable statutes, ordinances, resolutions or rules pertaining to the award of the Agreement.
If the Bidder is not registered on the Indiana Department of Transportation’s current listing of Pre- Qualified Contractors or if the Owner determines that the Bidder is not responsible based on the Bidder’s ability and capacity to perform the Work; the integrity, character and reputation of the Bidder; or the competence and experience of the Bidder.
If no Bid Proposals received are under or within the amount of funds that are available for the Project.
If the Bidder adds any provisions to his Bid Proposal reserving the right to accept or reject the award of the Agreement.
If the Bidder adds conditions or alternates not requested to his Bid Proposal (voluntary alternates).
If there are unauthorized additions or irregularities of any kind which tend to make the Bid Proposal incomplete, indefinite or ambiguous as to its meaning or amount.
If situations develop which make it impossible or not practical to proceed with the proposed work.
2021 Road Rehabilitation Plans Town Of Zionsville Page 11 If subsequent to the opening of Bid Proposals facts exist which would disqualify the lowest Bidder.
If Bid Proposals are received after the designated due time as stated in the Notice to Bidders.
If all documents required to be submitted with Bid Proposal are not included in a single fully identified sealed envelope as required by the Notice to Bidder and Instructions to Bidders.
If all required Bid Proposals or alternate(s) amounts, or unit prices and equipment lists are not submitted with the Bid Proposals when specifically called for by Plans, Specifications and Addenda issued on this Project.
If sealed Bid Proposals are received in an unidentified envelope.
If the Bidder did not attend any mandatory pre-bid conference.
PERFORMANCE AND PAYMENT BONDS
Upon execution of the Agreement, Bidder is required to furnish to Owner a Performance Bond and Payment Bond covering its faithful performance and the payment of all obligations arising in relation to the Work. The Performance Bond and the Payment Bond shall each be in an amount equal to one hundred (100) percent of the Contract Sum.
The Bonds shall be executed by a responsible surety licensed in the State of Indiana. The Bonds shall remain in effect for a period not less than one (1) year following the date of Substantial Completion or the Bidder’s warranty period, whichever is longer.
SUBMISSION OF LIST OF SUBCONTRACTORS AND SUPPLIERS
The Bidder shall submit a list of the Subcontractors or other persons or entities proposed for the principal portions of the Work.
The Bidder will be required to establish to the satisfaction of Owner the reliability and responsibility of each Subcontractor or other persons or entities proposed by the Bidder.
RETAINAGE
The Owner will retain an amount of each progress payment in accordance with the Agreement.
2021 Road Rehabilitation Plans Town Of Zionsville Page 12 BID PROPOSAL
To the Town of Zionsville, of the State of Indiana; hereinafter referred to as OWNER:
2021 Road Rehabilitation Plans Town of Zionsville, Boone County, Indiana
Pursuant to the legal notice that sealed proposals for the above project would be received by the Town of Zionsville, the undersigned Bidder:
1. Acknowledges receipt of:
A. Bidding Documents, Plans, Specifications including the 2020 Indiana Department of Transportation Standard Specifications, Supplemental Specifications, General Provisions, Special Provisions and Agreement between Owner and Contractor (the “Agreement”) provided to the Bidder dated on .
B. Addenda: No. ______, dated ______No. ______, dated ______No. ______, dated ______No. ______, dated ______No. ______, dated ______No. ______, dated ______
2. Has examined the site and all Bidding Documents, including the Agreement, Specifications and Plans. Bidder shall be responsible for performing all Work specifically required by all parts of the Bidding Documents, including all Plans and Specifications for the entire Project even though such Work may be included as related requirements specified in other sections.
3. Agrees to:
A. Hold this Bid Proposal open for sixty (60) days after bid opening date.
B. Furnish a Bid Bond or certified check with this Bid Proposal for an amount specified in the Notice to Bidders and Instructions to Bidders.
C. If alternative bids apply, submit a Bid Proposal for each in accordance with the Instruction to Bidders.
D. Accept the provisions of the Instructions to Bidders regarding disposition of bid security.
E. Enter into and execute the Agreement with Owner, when awarded on the basis of this Bid Proposal without negotiation, and in connection therewith to:
1. Furnish a Performance Bond and Payment Bond and insurance in accordance with the Bidding Documents.
2021 Road Rehabilitation Plans Town Of Zionsville Page 13 2. Accomplish the Work in accordance with the Contract Documents and Bidding Documents.
3. Complete the Work within the specified Contract Time.
4. NOTICE OF AWARD: The Bidder agrees to execute the Contract provided by the Owner in the Bidding Documents when the Owner forwards the Notice of Award to the Bidder. Bidder agrees to acknowledge receipt of the Notice of Award and return the acknowledgement copy to Owner.
5. NOTICE TO PROCEED: The Bidder agrees to commence the Work under the Contract on or before the date to be specified in the Notice to Proceed. Bidder agrees to acknowledge receipt of the Notice to Proceed and return the acknowledgment copy to the Owner.
6. CONTRACT TIME: The Bidder shall complete the Work in accordance with the durations indicated in the Agreement. The date of Substantial Completion shall be within one hundred & fifty (150) calendar days of the Notice to Proceed.
7. NON-COLLUSION: By submission of this Bid Proposal, each Bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, that the Bid Proposal has been arrived at independently, without consultation, communication or agreement as to any matter related to the Bid Proposal with any other Bidder or with any competitor.
8. ASSIGNMENT OF CONTRACTS: Owner will not assign the Work in the Agreement to another Contractor nor assign the Work of another contractor to the Agreement.
9. BASE BID: Bidder agrees to perform all work shown or specified in the Bidding Documents and Contract Documents, including the Plans and Specifications, for the unit prices given and calculated on the attached Itemized Proposal.
10. REPRESENTATIONS AND CERTIFICATIONS: The Bidder by the execution of this Bid Proposal makes the following representations and certifications as a part of his Bid Proposal. In the case of a joint venture bid, each party represents and certifies each organization.
A. SURETY. Bidder has notified a surety company that it is submitting a Bid Proposal for Work to be performed on the Project. The surety company has agreed to issue a Performance Bond and Payment Bond for its Work on the form provided by Owner if this Bid Proposal is accepted and the Owner awards the Agreement to Bidder.
B. AVAILABILITY. The number or amount of other contracts and awards pending which Bidder is or will become obligated to perform, now and during the course of its Work on this Project, will not interfere with or hinder the timely prosecution of its Work.
C. AFFIDAVIT OF NON-COLLUSION. Bidder has properly executed the Affidavit of Non- Collusion as provided in the Bidding Documents and included the Affidavit as part of its Bid Proposal as submitted to the Owner.
D. AFFIDAVIT OF NON-DISCRIMINATION. Bidder has properly executed the Affidavit of Non-Discrimination as provided in the Bid Documents and included the Affidavit as part of its Bid Proposal as submitted to the Owner.
2021 Road Rehabilitation Plans Town Of Zionsville Page 14
E. CONTRACTOR’S AFFIDAVIT OF SUBCONTRACTORS EMPLOYED. Contractor has properly executed the Contractor’s Affidavit of Subcontractor’s Employed as provided in the Bidding Documents and included the Affidavit as part of its Bid Proposal as submitted to the Owner.
F. E-VERIFY AFFIDAVIT. Bidder has properly executed the E-Verify Affidavit as provided in the Bid Documents and included the Affidavit as part of its Bid Proposal as submitted to the Owner.
G. LEGAL STATUS OF BIDDER. Bidder has properly executed the Legal Status of Bidder as provided in the Bid Documents and included the form as part of its Bid Proposal as submitted to the Owner.
11. Pursuant to Ind. Code § 22-9-1-10 and 5-16-6, the Bidder and its subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to his hire, tenure, terms, conditions or privileges or employment or any matter directly related to employment, because of his race, color, religion, sex, disability, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Agreement.
IN TESTIMONY WHEREOF, the Proposer (Proprietor)(Firm)(Partnership)(Corporation) [strike out the inappropriate entities] has hereunto set his hand this ______day of ______, 2021.
______(Business Name) ______
______(Address) By:______(Signature) ______(Printed) ______(Title) STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 2021, personally appeared ______and being duly sworn, acknowledged the execution of the above Bid Proposal. ______(Notary Public - Signature) SEAL ______(Notary Public - Printed) My Commission Expires: ______.
Residing in ______County.
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2021 Road Rehabilitation Plans Town Of Zionsville Page 21 Itemized Proposal Town of Zionsville, Indiana 2021 Road Rehabilitation Plans
Total Unit Price Bid Amount
BASE BID:
(numerals) (words)
ALTERNATE 1 BID:
(numerals) (words)
ALTERNATE 2 BID:
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ALTERNATE 3 BID:
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ALTERNATE 4 BID:
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ALTERNATE 5 BID:
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Bidder:
Submitted By:
Signature:
Address:
Telephone:
Date:
2021 Road Rehabilitation Plans Town Of Zionsville Page 22 CONTRACTORS BID FOR PUBLIC WORKS
Form 96 (Revised 2013)
Each bidder must file with the Bid Proposal a completely filled in General Form 96, as prescribed by the State Board of Accounts.
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2021 Road Rehabilitation Plans Town Of Zionsville Page 29 SIGNATURE AFFIDAVIT
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 2021, personally appeared ______and being duly sworn, on his oath says that he/she is ______of ______on the project, and affirmed that: (Title) (Name of Company)
1. This Bid Proposal is submitted in good faith in the amount stated therein and will be fulfilled according to the Bidding Documents (Agreement, 2020 INDOT Standard Specification(s), including the Supplemental Specifications, General and Special Provisions, Plans and Addendums thereto), if the Bid Proposal is accepted;
2. The statements contained in the Non-Collusion Affidavit are true;
3. The statements contained in the Non-Discrimination Affidavit are true;
4. The statements contained in the Contractor’s Affidavit of Subcontractors Employed are true;
5. The information contained in the Bid Proposal experience questionnaire, the plan and equipment questionnaire, the financial statement, and the affidavit, all of which are commonly referred to as the Form No. 96, when required, is true, correct, and current;
6. The statements contained in the E-Verify Affidavit are true; and
7. The statements contained in the Legal Status of Bidder are true.
______(Business Name) By:______(Signature) ______(Printed) ______(Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Subscribed and sworn to before me, the undersigned notary public, on this ______day of ______, 2021.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville BID BOND
KNOW ALL BY THESE PRESENTS, that the undersigned:
Name of Contractor: ______Address of Contractor: ______hereinafter called the Principal, and
Name of Surety: ______Address of Surety: ______hereinafter called the Surety, are held and firmly bound unto
Name of Owner: ______Address of Owner: ______hereinafter called the Obligee, in the penal sum of ten (10) percent of the amount of the Principal’s Bid, for the payment of which sum, well and truly to be made, the Principal and the Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present.
Signed, this ____ day of ______, 2021. The Condition of the above obligation is such that whereas the Principal has submitted to Owner a certain Bid Proposal, attached hereto and hereby made a part hereof to enter into the Agreement in writing, for the construction and completion of the project in accordance with the Plans and Specifications.
NOW, THEREFORE,
(a) If said Bid Proposal shall be rejected, or (b) If said Bid Proposal shall be accepted and the Principal shall execute and deliver the Agreement in the form attached hereto (properly completed in accordance with said Bid Proposal) and shall furnish a Performance Bond for faithful performance of the Agreement, and a Payment Bond for the payment of all persons performing labor furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of the Bid Proposal, then this obligation shall be void, otherwise the Bid Bond shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. This Bid Bond shall adhere to the requirements of Ind. Code § 36-1-12-4.5.
The Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and its Bid Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid Proposal; and said Surety does hereby waive notice of any such extension.
2021 Road Rehabilitation Plans Town Of Zionsville Page 31 IN WITNESS WHEREOF, the Principal and the Surety have set their respective hands and seals, and as representatives of their respective entities have caused their appropriate seals to be affixed and signed by their proper officers, the day and year first set forth above.
Principal:______(Business Name) By:______(Signature) ______(Printed) ______(Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 2021, personally appeared ______as principal and being duly sworn, acknowledged the execution of the above Bid Bond.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
Surety:______(Business Name) By:______(Signature) ______(Printed) ______(Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 2021, personally appeared ______as surety and being duly sworn, acknowledged the execution of the above Bid Bond.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 32 LEGAL STATUS OF BIDDER
This Proposal is submitted in the name of:
Firm Name:______
The undersigned hereby designates below his business address to which all notices, directions or other communications may be served or mailed:
Street ______
City ______
State ______Zip Code______
The undersigned hereby declares that he has legal status checked below:
( ) INDIVIDUAL ( ) INDIVIDUAL DOING BUSINESS UNDER AN ASSUMED NAME ( ) CO-PARTNERSHIP (The assumed name of the partnership is registered in the County of ______, Indiana ( ) CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF ______. The Corporation is: ( ) LICENSED TO DO BUSINESS IN INDIANA ( ) NOT NOW LICENSED TO DO BUSINESS IN INDIANA
The name, titles and home address of all persons who are officers or partners in the organization are as follows:
NAME AND TITLE HOME ADDRESS
Signed and Sealed this ______day of ______, 2021.
By (Signature)
(Printed)
(Title)
2021 Road Rehabilitation Plans Town Of Zionsville Page 33 AFFIDAVIT OF NON-COLLUSION
The Bidder, by its officers and its agents or representatives present at the time of filing the Bid Proposal, first duly sworn, on their oath say that neither they nor any of them have in any way, directly or indirectly, entered into any arrangement or agreement with any other Bidder, or with any agent or representative of the Owner whereby such affiant or affiants or either of them, has paid or is to pay to such other Bidder anything of value whatever or such affiant or affiants or either of them have not, directly or indirectly, entered into any arrangement or agreement with any other Bidder or Bidders which tends to or does lessen or destroy free competition in the letting of the Agreement sought for by the attached bid(s); but no inducement of any form or character other than that which appears upon the face of the Bid Proposal will be suggested, offered, paid or delivered to any person whatsoever to influence the acceptance of the Bid Proposal or awarding of the Agreement, nor has this Bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the Agreement sought by this Bid Proposal.
______(Business Name) By:______(Signature) ______(Printed) ______(Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Subscribed and sworn to before me, the undersigned notary public, on this ______day of ______, 2021.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 34 AFFIDAVIT OF NON-DISCRIMINATION
Pursuant to Ind. Code § 5-16-6, this “Affidavit of Non-Discrimination” is hereby incorporated in and made a part of the Agreement dated April 8, 2021 between the Town of Zionsville (herein called “Owner”) and the undersigned ______(herein called the “Contractor”).
During the performance of this Agreement, the Contractor agrees as follows:
1. That in the hiring of employees for the performance of work under the contract or any subcontract hereunder, neither the contractor nor subcontractor, nor any person acting on behalf of the contractor or subcontractor, shall, by reason of race, religion, color, sex, national origin or ancestry, discriminate against any citizen of the State of Indiana, who is qualified and available to perform the work to which the employment relates;
2. That neither the contractor, subcontractor, nor any person on his behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under the contract on account of race, religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to the contractor by the OWNER, under the contract, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and
4. That the contract may be canceled or terminated by OWNER, and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract.
______(Business Name) By:______(Signature) ______(Printed) ______(Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Subscribed and sworn to before me, the undersigned notary public, on this ____ day of ______, 2021.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 35 CONTRACTOR’S AFFIDAVIT OF SUBCONTRACTORS EMPLOYED
The following sub-contractors will perform work on 2021 Road Rehabilitation Plans in fulfilling the Agreement with the Owner.
Name Trade Amount 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
______(Business Name) By:______(Signature) ______(Printed) ______(Title) STATE OF INDIANA ) ) SS: COUNTY OF ______)
Subscribed and sworn to before me, the undersigned notary public, on this ______day of ______, 2021.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 36 REQUEST FOR CLARIFICATION
RFC # ______Date: ______
Project Title: _2021 Road Rehabilitation Plans_
Contractor: ______Phone #: ______Fax #: ______
Reference Drawing No.: ______Specification Section: ______
Clarification Request: ______
Request response by: ______
Note: All responses will be made in writing and distributed to all bidders.
______(Business Name) By:______(Signature) ______(Printed) ______(Title)
2021 Road Rehabilitation Plans Town Of Zionsville Page 37 ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM
The CONTRACTOR acknowledges receipt of the following addenda which are hereby made a part of this Construction Contract, as fully and effectually as if copied and set out herein in full length:
ADDENDUM No. SIGNATURE DATE
Firm Name
Address
By: (Signature)
Name: (Printed)
Title: (Printed)
2021 Road Rehabilitation Plans Town Of Zionsville Page 38 FINANCIAL STATEMENT
Attachment of the CONTRACTOR’S Financial Statement hereto is mandatory. Any bid submitted without said Financial Statement shall thereby be rendered invalid. The Financial Statement provided hereunder to the Town of Zionsville must be specific enough in detail to allow the Town Of Zionsville to make a proper determination of the CONTRACTOR’S capacity for completing this project if awarded.
2021 Road Rehabilitation Plans Town Of Zionsville Page 39 E-VERIFY AFFIDAVIT
The Contractor affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien.
The Contractor shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor is not required to participate should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-employed and does not employ any employees.
The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.
The Contractor shall require his/her/its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor.
The Owner may terminate the Contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the Owner.”
______(Business Name) By:______(Signature) ______(Printed) ______Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Subscribed and sworn to before me, the undersigned notary public, on this ______day of ______, 2021.
______(Notary Public - Signature)
SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 40 DRUG TESTING PROGRAM
This is submitted by the undersigned, ______, as part of the contract with the Owner for the project known as 2021 Road Rehabilitation Plans entered into on the ______day of 20______. The undersigned affirms under the penalties of perjury that the Contractor has a drug testing program in compliance with IC 4-13-18 and the program shall continue during the term of the contract with the Owner.
The Contractor shall also require the maintenance of a drug testing program from all subcontractors who perform work under its contract.
The Owner may terminate the contract if the Contractor fails to comply with the terms of IC 4-13-18 provision no later than thirty (30) days after being notified by the Owner.
The terms of this requirement shall be incorporated within the contract between the Contractor and the Owner.
I, ______, verify under the penalties of perjury that all requirements of Drug Testing Program per IC 4-13-18 are in compliance:
Witness this ______day of 20______.
Firm Name
Address
By: (Signature)
Name: (Printed)
Title: (Printed)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 2021, personally appeared ______as surety and being duly sworn, acknowledged the execution of the above Bid Bond.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 41 PART 2 – AWARD PACKAGE
2021 Road Rehabilitation Plans Town Of Zionsville Page 42 NOTICE OF AWARD
TO: ______(Business Name) ______
______(Address)
Project Description: ______.
You are hereby notified that your Bid Proposal has been accepted for the items and amounts listed in your Itemized Proposal dated April 8, 2021.
If you fail to execute the Agreement and to furnish the Performance Bond, Payment Bond and Certificates of Insurance within ten (10) days from the date of this Notice of Award, the Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid Proposal as abandoned and as a forfeiture of your Bid Bond or certified check. The Owner will be entitled to any other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this ______day of ______, 20___.
______(Owner Name) By:______(Signature) ______(Printed) ______(Title)
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged this _____ day of ______, 20___.
______(Business Name) By:______(Signature) ______(Printed) ______(Title)
2021 Road Rehabilitation Plans Town Of Zionsville Page 43 AGREEMENT BETWEEN OWNER AND CONTRACTOR
This Agreement is made this _____ day of ______, 20___, by and between the Town of Zionsville ("Owner") and ______("Contractor"), for the project known as "2021 Road Rehabilitation Plans, for the Town Of Zionsville” (the "Project"). Owner and Contractor agree as set forth below:
1. THE WORK. The intent of the Agreement is to provide for the construction and completion in every detail of the work described. Contractor shall provide all materials, labor, tools, equipment, supplies, safety equipment, transportation and supervision necessary to perform, and shall perform, the work generally described as follows, in a good and workmanlike manner and in accordance with the Contract Documents (as hereinafter defined) as necessary to produce the results intended by the Contract Documents (all hereinafter called the "Work"):
A. SUPERVISION AND CONSTRUCTION PROCEDURES. Contractor shall supervise and direct the Work using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work. Contractor shall be responsible to Owner for the acts and omissions of Contractor's employees, subcontractors, material suppliers, laborers, equipment lessors and all other persons performing portions of the Work. Contractor shall be responsible for the inspection of Work performed under the Contract Documents to determine that the Work is in proper condition to receive subsequent Work.
B. LABOR AND MATERIALS. Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.
C. SUBCONTRACTORS. Before construction commences, Contractor shall furnish in writing to Owner the names of all persons or entities proposed for each principal portion of the Work and their respective contract sums. Contractor shall not contract with a proposed person or entity to whom Owner has made a reasonable objection. Contractor shall not change a subcontractor, person or entity previously selected if Owner makes reasonable objection to such change.
By appropriate agreement, Contractor shall require each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities which Contractor, by the Contract Documents, assumes toward Owner. Each subcontract shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that subcontracting thereof will not prejudice such rights. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound. Each subcontract for a portion of the Work is contingently assigned by Contractor to Owner, however, such assignment is effective only after termination of this Agreement by Owner and only for those subcontracts which Owner accepts by notifying the subcontractor in writing.
D. REPRESENTATIONS. Contractor represents and warrants the following to Owner as a material inducement to Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and the final completion of the Work:
1. Contractor is able to furnish the tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so;
2021 Road Rehabilitation Plans Town Of Zionsville Page 44 2. Contractor has visited the site of the Project and is familiar with the local conditions under which the Work is to be performed and has correlated observations with the requirements of the Contract Documents; and
3. Contractor possesses a high level of experience and expertise in the business administration, construction and superintendence of projects of the size, complexity and nature of the Project involving, among other things, the Work to be performed hereunder, and will perform the Work with the care, skill and diligence of such a contractor.
4. Contractor represents and warrants and the Owner awards this Agreement upon the express warranty of the Contractor that he has not, nor has any other member, representative, agent, or officer of the firm, company, corporation or partnership represented by the Contractor:
a. employed or retained any company or person, to solicit or secure this Agreement;
b. entered into or offered to enter into any combination, collusion, or agreement to receive or pay and that the Contractor has not received or paid, any fee, commission, percentage, or any other consideration, contingent upon or resulting from the award of and the execution of this Agreement, excepting such consideration and subject to the terms and conditions expressed upon the face of the within Agreement.
For a breach or violation of this representation, the Owner shall have the right to cancel this Agreement without liability and to recover, at the election of the Owner, any and all monies or other consideration paid hereunder.
E. WARRANTY. Contractor warrants to Owner that the materials and equipment furnished under the Contract Documents shall be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective.
It is understood and agreed that the foregoing warranties shall not affect, limit or impair Owner's right against Contractor with regard to latent defects in the Work which do not appear within the applicable warranty period following acceptance of the Work and which could not, by the exercise of reasonable care and due diligence, be ascertained or discovered by Owner within such warranty period.
2. CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, the Plans and the Specifications identified in Exhibit A attached hereto, and written modifications issued after execution of this Agreement. All references in the Specifications to the “Commissioner” and / or “Department” shall be interpreted to refer and mean the “Owner”. All references in the Specifications to the “Engineer” shall be interpreted to refer and mean the Owner or their authorized representative. The Contract Documents form the Contract for Construction and represent the entire and integrated agreement between the parties hereto and supersede any and all prior negotiations, representations or agreements, either written or oral. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between Owner and any subcontractor or (2) between any persons or entities other than Owner and Contractor.
Contractor shall promptly call to the attention of Owner any discrepancy or conflict in the Plans or Specifications that affect its Work. The coordination of the Plans and Specifications shall be in accordance with Section 105.04 of the Standard Specifications. In the event of conflict or discrepancies between and among the Contract Documents, figure dimensions shall take precedence over scale measurements, large scale details shall take precedence over small scale plans or drawings, and plans or drawings of a later date shall take precedence over those of an earlier date. Any part of the Work shown on the Plans but not specifically mentioned in the Specifications, or vice versa, shall be considered as part of the Work as though included in both. Likewise, the Work to be undertaken by Contractor shall include all incidental work necessary as
2021 Road Rehabilitation Plans Town Of Zionsville Page 45 customarily done for the completion of the Project even though it may not be specifically described in the Specifications or Plans.
Contractor has carefully studied and compared the Contract Documents with each other and with information furnished by Owner and has reported to Owner all errors, inconsistencies or omissions. Contractor shall have no rights against Owner for errors, inconsistencies or omissions in the Contract Documents unless Contractor recognized such error, inconsistency or omission and reported it prior to the date of this Agreement. Contractor shall perform no construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents. Contractor warrants and represents to Owner that the Plans and Specifications for the Work are suitable and adapted for said Work and agrees that it will perform the Work and complete the same to the satisfaction of Owner.
3. CONTRACT SUM AND PAYMENTS. Owner agrees to pay Contractor for the performance of the Work, for the actual amount of work done and materials in place as measured by the Owner, at the unit prices submitted by the Contractor on the Itemized Proposal dated April 8, 2021 (“Contract Sum”), which is attached hereto and made a part of this Agreement.
The Contract Sum, including authorized adjustments, is the total amount payable by Owner to Contractor for performance of the Work under the Contract Documents. In determining the Contract Sum, Contractor has taken into account the level of completeness of the Contract Documents and has exercised its best skill and efforts to make (1) appropriate judgments and inferences in connection with the requirements of the Contract Documents, and (2) all inquiries to clarify the Contract Documents as necessary to calculate and establish the Contract Sum.
A. APPLICATIONS FOR PAYMENT. All payments provided herein are subject to funds as provided by Owner and the laws of the State of Indiana. The Owner shall make payments on account of the Agreement, upon acceptance of Application for Payment for labor and materials incorporated in the Work at the rate of Ninety-Seven percent (97%) of such value of the Work until the Work is substantially completed. The Contractor will be paid Ninety-Seven percent (97%) of the monthly estimate, the remaining three percent (3%) will be retained by the Owner. No partial payment will be made nor estimates submitted when the total value of the Work done since the last estimate amounts to less than $500.00. Any amount withheld as retainage by the Owner will be held until the final completion and acceptance of the work and will be paid with final payment.
Progress payments will be due on the first day of the month and will be paid monthly. At least ten (10) days before the date established for each progress payment, Contractor shall submit to Owner an itemized Application for Payment for operations completed in accordance with the Progress Schedule. Such Application for Payment shall be supported by such data substantiating Contractor's right to payment as Owner may require, such as copies of requisitions from subcontractors and material suppliers.
Before the first Application for Payment, Contractor shall submit to Owner a proposed Progress Schedule allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as Owner may require. This Progress Schedule, once approved by Owner, shall be used as a basis for reviewing Contractor's Applications for Payment.
Owner reserves the right to inspect the Project and approve the progress of Work completed to the date of the Application for Payment. If requested by Owner prior to making said payment, Contractor shall submit to Owner an Affidavit and partial Waiver of Lien, and/or partial waivers from subcontractors and material suppliers, in form and content satisfactory to Owner, stipulating that all costs for labor and materials incurred in the previous month have been paid to subcontractors, material suppliers, laborers and equipment lessors. An Application for Payment shall not include requests for payment of amounts Contractor does not intend to pay to a subcontractor or material supplier.
2021 Road Rehabilitation Plans Town Of Zionsville Page 46 In no instance shall payments exceed Ninety-Seven percent (97%) of the net value of stored materials or equipment. The requirements for storage and payment for such designated materials shall follow the requirements of the Contract Documents.
B. PAYMENT OF SUBCONTRACTORS. The Contractor agrees to assume and does assume full and exclusive responsibility for the payment of subcontractors in compliance with Ind. Code § 36-1-12-13. The Agreement is expressly made an obligation covered by the Contractor's Payment Bond and Performance Bond obligation. The obligation of the surety shall not in any way be affected by the bankruptcy, insolvency, or breach of contract of the Contractor.
The making of an incorrect certification by the Contractor shall be considered a substantial breach of contract on the part of the Contractor. Based on a breach of contract, the Owner may, in addition to all other remedies, withhold all payments not yet made and recover all payments previously made less that amount which has actually been paid to subcontractors by the Contractor. The obligation is hereby created on the part of the Contractor to return all such payments previously made in such case.
Upon receipt of a progress payment, Contractor shall pay promptly all valid bills and charges for materials, equipment, labor and other costs in connection with or arising out of the Work and will hold Owner free and harmless from and against all liens and claims of liens for such materials, equipment, labor and other costs, or any of them, filed against the Project or the site, or any part thereof, and from and against all expenses and liability in connection therewith including, but not limited to, court costs and attorneys' fees. Should any lien or claim of lien be filed of record against the Project or the site, or should Owner receive notice of any claim or of any unpaid bill in connection with the Work, Contractor shall forthwith either pay or discharge the same and cause the same to be released of record or shall furnish Owner with appropriate indemnity in form and amount satisfactory to Owner.
C. WITHHOLDING OF PAYMENT. If any claim or lien is made or filed with or against Owner, the Project, the real estate, or contract proceeds by any person claiming that Contractor or any subcontractor or any person for whom Contractor is liable has failed to make payment for labor, services, materials, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work, or if at any time there shall be evidence of such non-payment or of any claim or lien which is chargeable to Contractor, or if Contractor or any subcontractor or other person for whom Contractor is liable causes damages to the Work, or if Contractor fails to perform or is otherwise in default under any of the terms or provisions of the Contract Documents, Owner shall have the right to retain from any payment then due or thereafter to become due an amount which it deems sufficient to (1) satisfy, discharge and/or defend against such claim or lien or any action which may be brought or judgment which may be recovered thereon, (2) make good any such non-payment, damage, failure or default, and (3) compensate Owner for and indemnify him against any and all losses, liability, damages, costs, and expenses, including attorneys’ fees and disbursements which may be sustained or incurred in connection therewith. Owner shall have the right to apply and charge against Contractor so much of the amount retained as may be required for the foregoing purposes. If the amount retained is insufficient therefore, Contractor shall be liable for the difference.
If Owner withholds any payment, partial or final, from Contractor, Owner may, but shall not be obligated or required to, make direct or joint payment on behalf of Contractor for any part or all of such sums due and owing to said subcontractors, material suppliers, equipment lessors and/or laborers for their labor, materials or equipment furnished to the Project, not to exceed the Contract Sum remaining due and owing to Contractor, and charge all such direct payments against the Contract Sum; provided, however, that nothing contained in this paragraph shall create any personal liability on the part of Owner to any subcontractor, material supplier, equipment lessor or laborer, or any direct contractual relationship between Owner and them.
D. FINAL PAYMENT. When the Contractor completes the work in accordance with the Contract Documents and in an acceptable matter as determined by the Engineer, the Contractor will prepare a final estimate for the work performed and will furnish the Engineer with a copy of the final estimate. Final payment shall not become due until Contractor submits (1) an affidavit that
2021 Road Rehabilitation Plans Town Of Zionsville Page 47 payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which Owner or Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents will remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to Owner, (3) a written statement that Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, and (5) affidavit and waiver of liens from all subcontractors, material suppliers and equipment suppliers used in the prosecution of the work.
The Engineer, acting on behalf of the Owner, will then certify to the Owner’s duly appointed representative the balance due the Contractor and the certificate will be deemed evidence of final acceptance of the completed Agreement by the Owner. Owner will make final payment to the Contractor within one hundred eighty (180) days after final acceptance and completion of the Agreement. However, final payment may not be made on any amount that is in dispute, but final payment may be made on the part of the Contract Sum or those amounts not in dispute.
Acceptance of final payment by Contractor shall constitute a waiver of claims by Contractor except those previously made in writing and identified by Contractor as unsettled at the time of final payment.
E. INTEREST. Unless otherwise expressly provided in the Contract Documents, payments due to Contractor under the terms of the Contract Documents and unpaid shall bear no interest and Contractor shall be entitled to no interest, statutory or otherwise. In the event Owner is entitled to withhold payment under the Contract Documents, or in the event of a good faith dispute between Owner and Contractor, no interest shall accrue.
4. DATE OF COMMENCEMENT AND COMPLETION. Contractor shall commence its Work promptly upon receipt of written notice from Owner to proceed with the Work, and Contractor shall achieve Final Completion within one hundred & eighty (180) calendar days thereafter, subject to adjustments authorized by Owner ("Contract Time"). The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. Time limits stated in the Contract Documents are of the essence of this Agreement. By executing this Agreement, Contractor confirms that the Contract Time is a reasonable period for performing the Work. Contractor shall not knowingly, except by agreement or instruction of Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by the Contract Documents.
A. COMMENCEMENT. It is not incumbent upon Owner to notify Contractor when to begin (other than the notice to proceed), cease or resume Work, to give early notice of the rejection of faulty Work, nor in any way to superintend so as to relieve Contractor of responsibility or of any consequence of neglect or carelessness by Contractor or its subordinates. All materials and labor shall be furnished at such time as shall be for the best interest of all trades concerned, to the end that the combined Work of all may be properly and fully completed in accordance with the progress schedule.
5. MISCELLANEOUS PROVISIONS
A. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Indiana.
B. SUCCESSORS AND ASSIGNS. Owner and Contractor respectively bind themselves, their successors, assigns and legal representatives to the other party hereto in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to this Agreement shall assign this Agreement without the written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under this Agreement.
2021 Road Rehabilitation Plans Town Of Zionsville Page 48 C. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice.
D. RIGHTS AND REMEDIES. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. No act or failure to act by Owner or Contractor shall constitute a waiver of a right or duty afforded them under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence thereunder.
2021 Road Rehabilitation Plans Town Of Zionsville Page 49 IN WITNESS WHEREOF, the Contractor does hereby accept the foregoing agreement and has hereunder set his hand this ______day of ______, 20___.
Contractor:______(Business Name) By:______(Signature) ______(Printed) ______(Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 20___, personally appeared ______as Contractor and being duly sworn, acknowledged the execution of the above Agreement.
______(Notary Public - Signature)
SEAL ______(Notary Public - Printed) My Commission Expires: ______.
Residing in ______County.
IN WITNESS WHEREOF, the Owner does hereby accept the foregoing agreement and has hereunder set his hand this ______day of ______, 20___.
By:______(Signature) ______(Signature) ______(Signature) STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ____ day of ______, 20___, personally appeared ______as Owner and being duly sworn, acknowledged the execution of the above Agreement.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 50 EXHIBIT A
THE PLANS AND SPECIFICATIONS
Item Date Prepared By
Standard Specifications 2020 Indiana Department of Transportation
Standard Drawings 2019 or Latest Date Indiana Department of Transportation
General Provisions on March 24, 2021 Beam Longest & Neff, LLC
Special Provisions on March 24, 2021 Beam Longest & Neff, LLC
Plans on March 24, 2021 Beam Longest & Neff, LLC
2021 Road Rehabilitation Plans Town Of Zionsville Page 51 PERFORMANCE BOND
KNOW ALL BY THESE PRESENTS, that the undersigned:
Name of Contractor: ______Address of Contractor: ______hereinafter called the Principal, and
Name of Surety: ______Address of Surety: ______hereinafter called the Surety, are held and firmly bound unto
Name of Owner: ______Address of Owner: ______hereinafter called the Owner, in the penal sum of an amount equal to one hundred (100) percent of the amount of the Principal’s Bid, for the payment of which sum, well and truly to be made, the Principal and the Surety, bind themselves, their subcontractors, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the Owner, dated the ______day of ______, 20___, a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions of the Agreement 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 the one year guaranty period, and if it shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the Owner from all costs and damages which it 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.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that a modification, omission or addition to the terms and conditions of the Agreement, a defect in the Agreement, or a defect in the proceedings preliminary to the letting and awarding of the Agreement, does not discharge Surety or in any way affect its obligation on this Performance Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.
PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right of any other beneficiary hereunder, whose claim may be unsatisfied.
2021 Road Rehabilitation Plans Town Of Zionsville Page 52 IN WITNESS WHEREOF, the Principal and the Surety have set their respective hands and seals, and as representatives of their respective entities have caused their appropriate seals to be affixed and signed by their proper officers, this ______day of ______, 20___.
Principal:______(Business Name) By:______(Signature) ______(Printed) ______(Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 20___, personally appeared ______as principal and being duly sworn, acknowledged the execution of the above Performance Bond.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
Surety:______(Business Name) By:______(Signature) ______(Printed) ______(Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 20___, personally appeared ______as principal and being duly sworn, acknowledged the execution of the above Performance Bond.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 53 PAYMENT BOND
KNOW ALL BY THESE PRESENTS, that the undersigned:
Name of Contractor: ______Address of Contractor: ______hereinafter called the Principal, and
Name of Surety: ______Address of Surety: ______hereinafter called the Surety, are held and firmly bound unto
Name of Owner: ______Address of Owner: ______hereinafter called the Owner, in the penal sum of an amount equal to one hundred (100) percent of the amount of the Principal’s Bid, for the payment of which sum, well and truly to be made, the Principal and the Surety, bind themselves, their subcontractors, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents for the payment of all indebtedness to any person for labor or service performed, material furnished, or services rendered. This Payment Bond is for the benefit of the subcontractors, laborers, material suppliers and those performing services for the Project.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the Owner, dated the _____ day of ______, 20___, a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall promptly make payment to and for the benefit of all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work for the Project provided for in the Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, fuel, power, repairs on machinery, equipment and tools, 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 whereby subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. This Bond shall adhere to the requirements of Ind. Code § 36-1-12-13.1.
PROVIDED, FURTHER, that the Surety, for value received hereby stipulates and agrees that a modification, omission or addition to the terms and conditions of the Agreement, a defect in the Agreement, or a defect in the proceedings preliminary to the letting and awarding of the Agreement does not discharge the Surety and shall not affect its obligation on this Payment Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.
PROVIDED, FURTHER, that the Surety of this Payment Bond will not be released until one (1) year after the Owner’s final settlement with the Principal.
2021 Road Rehabilitation Plans Town Of Zionsville Page 54 IN WITNESS WHEREOF, the Principal and the Surety have set their respective hands and seals, and as representatives of their respective entities have caused their appropriate seals to be affixed and signed by their proper officers, this ____ day of ______, 20___.
Principal:______(Business Name) By:______(Signature) ______(Printed) ______(Title) STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 20___, personally appeared ______as principal and being duly sworn, acknowledged the execution of the above Payment Bond.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
Surety:______(Business Name) By:______(Signature) ______(Printed) ______(Title)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Before me, the undersigned notary public, on this ______day of ______, 20___, personally appeared ______as surety and being duly sworn, acknowledged the execution of the above Payment Bond.
______(Notary Public - Signature) SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 55 CERTIFICATION LETTER
TO BE COMPLETED BY ALL SUB-CONTRACTORS AND MATERIAL SUPPLIERS
2021 Road Rehabilitation Plans Town Of Zionsville, Boone County, Indiana
We hereby certify that we have examined the Contract Plans and Specifications for this project and that all materials and workmanship will be in strict compliance therewith.
Company Name:
Address:
By: (Signature)
(Printed)
(Title)
Date:
Describe item of work or material to be furnished:
Copy to: 2021 Road Rehabilitation Plans, for the Town of Zionsville Project Manager (Vance Epple) c/o Beam, Longest & Neff, L.L.C. 8320 Craig Street Indianapolis, Indiana 46250
2021 Road Rehabilitation Plans Town Of Zionsville Page 56 CONTRACTOR’S APPLICATION FOR PAYMENT
2021 Road Rehabilitation Plans Town Of Zionsville Page 57
2021 Road Rehabilitation Plans Town Of Zionsville Page 58 AFFIDAVIT AND WAIVER OF LIEN
Final Partial Payment to Follow
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Being duly sworn states that he is the of (Name of Officer) (Title) having contracted with to furnish certain materials and/or labor as follows (Description) for the project known as 2021 Road Rehabilitation Plans located in the Town of Zionsville, Indiana and owned by The Town of Zionsville
and does hereby further state on behalf of the aforementioned subcontractor/supplier:
(PARTIAL WAIVER) that there is due from the CONTRACTOR the sum of
Dollars ($ )
( ) receipt of which is hereby acknowledged; or ( ) the payment of which has been promised as the sole consideration of this affidavit and Partial Waiver of Lien which is given solely with respect to said amount and which waiver shall be effective only upon receipt of payment thereof by the undersigned:
(FINAL WAIVER) that the final balance due from the CONTRACTOR is the sum of
Dollars ($ )
( ) receipt of which is hereby acknowledged or ( ) the payment of which has been promised as the sole consideration for the Affidavit and Final Waiver of Lien which shall become effective upon receipt of such payment
2021 Road Rehabilitation Plans Town Of Zionsville Page 59 THEREFORE, the undersigned waives and releases unto the OWNER of said premises, any and all lien or claim whatsoever on the above-described property and improvements thereon on account of LABOR or material or both, furnished by the undersigned thereto, subject to limitations or conditions expressed herein, if any; and further certifies that no other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver.
Title (Authorized Representative)
STATE OF INDIANA ) ) SS: COUNTY OF ______)
Subscribed and sworn to before me, the undersigned notary public, on this ______day of
______, 20___. ______(Notary Public - Signature)
SEAL ______(Notary Public - Printed)
My Commission Expires: ______.
Residing in ______County.
2021 Road Rehabilitation Plans Town Of Zionsville Page 60 NOTICE TO PROCEED
TO: ______(Business Name) ______
______(Address)
Project Description: 2021 Road Rehabilitation Plans, for the Town Of Zionsville
You are hereby notified to commence the Work in accordance with the Agreement dated ______, 20___, on or before ______, 20___, and you are to complete the Work within one hundred & eighty (180) consecutive calendar days thereafter. The date of Substantial Completion of Work is one hundred & fifty (150) consecutive calendar days thereafter the above written date.
You are required to return an acknowledged copy of this Notice to Proceed to the Owner.
Dated this _____ day of ______, 20___.
______(Owner Name) By:______(Signature) ______(Printed) ______(Title)
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this _____ day of ______, 20___.
______(Business Name) By:______(Signature) ______(Printed) ______(Title)
2021 Road Rehabilitation Plans Town Of Zionsville Page 61 ~ INDEX TO THE GENERAL PROVISIONS ~
Description Page No. GP1. CONTRACT DOCUMENTS ...... 63 GP2. OWNER ...... 63 GP3. ENGINEER ...... 63 GP4. CONTRACTOR ...... 63 GP5. BIDDING RESTRICTIONS ...... 63 GP6. PREBIDDING CONFERENCE ...... 63 GP7. EXAMINATION OF THE PROJECT SITE ...... 63 GP8. CONTRACT QUESTIONS ...... 64 GP9. PUBLIC OPENING OF BIDS ...... 64 GP10. AWARD OF CONTRACT ...... 64 GP11. NOTICE TO PROCEED ...... 64 GP12. PRECONSTRUCTION CONFERENCE ...... 64 GP13. PROGRESS SCHEDULE ...... 64 GP14. SUPERVISION ...... 64 GP15. RESIDENT SUPERINTENDENT ...... 65 GP16. PROJECT STAFFING ...... 65 GP17. NOTIFICATION OF WORK SCHEDULE ...... 65 GP18. PROJECT RESPONSIBILITY ...... 65 GP19. STANDARDS OF QUALITY ...... 65 GP20. WARRANTY OF WORK ...... 65 GP21. OBSERVATION OF WORK ...... 66 GP22. INTERMEDIATE COMPLETION DATES ...... 66 GP23. CHANGES IN THE WORK ...... 66 GP24. DELETION OF WORK ...... 66 GP25. DELAY AND EXTENSION OF TIME ...... 67 GP26. HOLIDAYS THAT WORK IS NOT PERMITTED ...... 67 GP27. PERMITS ...... 67 GP28. UTILITIES ...... 67 GP29. NON-DISCRIMINATION ...... 68 GP30. INSURANCE ...... 68 GP31. ADDITIONAL INSURED ...... 68 GP32. PROOF OF INSURANCE ...... 68 GP33. PARTIAL PAYMENTS...... 69 GP34. FINAL PAYMENT ...... 69 GP35. E-VERIFY AFFIDAVIT DIRECTIONS ...... 70 GP36. NOTICE OF CHANGED CONDITIONS AND CLAIMS ...... 70
2021 Road Rehabilitation Plans Page 62 Town Of Zionsville PART 3 – GENERAL PROVISIONS
GP1. CONTRACT DOCUMENTS
The Indiana Department of Transportation, Standard Specifications dated 2020 shall be used in conjunction with these Plans, Contract Forms, General Provisions, Special Provisions, Modifications to the Specifications, Standard Sheets and any addenda which may be issued for this project.
It is the intent of these Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance therewith. Any work, materials or equipment that may reasonably be inferred will be supplied whether or not specifically called for.
Wherever reference is made to the Indiana Department of Transportation, Director, or Chief Highway Engineer, it shall be interpreted as the Town Council of Zionsville, Indiana.
GP2. OWNER
The Town of Zionsville, Indiana
GP3. ENGINEER
The Town of Zionsville or its authorized representative.
GP4. CONTRACTOR
The firm or corporation with whom the OWNER has entered into the Construction Contract.
GP5. BIDDING RESTRICTIONS
Only proposals from contractors currently registered on the Indiana Department of Transportation's Prequalified Contractor list will be considered. Any proposals submitted by CONTRACTORS not fulfilling the above requirements will be returned to the bidder unopened.
GP6. PREBIDDING CONFERENCE
No prebidding conference will be held for the Project.
GP7. EXAMINATION OF THE PROJECT SITE
Before the bid date, all bidders shall carefully and thoroughly examine 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 investigation 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 this contract. The CONTRACTOR, by the execution of the Contract, shall in no way be relieved of any obligation under it, due to his failure to receive or examine any form or legal instrument, or to visit the site and acquaint himself with the conditions there existing. The OWNER will be justified in rejecting any claim based on facts which he should have noticed as a result thereof.
2021 Road Rehabilitation Plans Page 63 Town Of Zionsville GP8. CONTRACT QUESTIONS
Submit all questions in writing or email to:
Vance Epple ([email protected]) Beam, Longest and Neff, L.L.C. 8320 Craig Street Indianapolis, IN 46250
prior to 1:00 pm, April 2, 2021. A written response will be emailed to the addresses on the "Record of Plans Purchased" that is required to be filled out by anyone purchasing plans. No questions will be answered by telephone.
GP9. PUBLIC OPENING OF BIDS
Bids will be opened publicly and read aloud at 3:00 p.m. on April 8, 2021, at the front doors of the Zionsville Town Hall, 1100 W Oak Street, Zionsville, Indiana. Bidders, or their authorized agents, are invited to be present. Any bids received after 3:00 p.m. local time, April 8, 2021 will be returned to the bidder unopened.
GP10. AWARD OF CONTRACT
The OWNER reserves the right to reject any or all bids or to waive any informalities and to accept the bid which it deems most favorable to the interest of the OWNER after all bids have been examined and scrutinized.
GP11. NOTICE TO PROCEED
The CONTRACTOR shall start to perform the work on the date designated in the written Notice to Proceed, but no work shall be done at the site prior to the date of the Notice to Proceed.
GP12. PRECONSTRUCTION CONFERENCE
Before the CONTRACTOR is issued a Notice to Proceed, a conference attended by the OWNER, ENGINEER, CONTRACTOR and others as appropriate will be held. The purpose of this conference will be to discuss procedures for making submittal, processing applications for payment, and to establish other procedures and understandings bearing upon coordination and performance of the work.
GP13. PROGRESS SCHEDULE
Within ten (10) days after the date of the Notice to Proceed, the CONTRACTOR shall submit to the ENGINEER for review a proposed schedule indicating the starting and completion dates of the various stages of the work to be performed under this contract. The ENGINEER shall review the proposed schedule to determine conformity with the contract and will make recommendations to the OWNER concerning approval thereof; however, the review, approval or other action taken by the ENGINEER or OWNER in respect of such schedules shall not relieve the CONTRACTOR of its obligations to perform the work within the contract schedule(s).
GP14. SUPERVISION
CONTRACTOR shall supervise and direct the Work using CONTRACTOR’S best skill and attention. CONTRACTOR shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work. CONTRACTOR shall be responsible to OWNER for the acts and omissions of CONTRACTOR’S employees, subcontractors, material suppliers, laborers, equipment lessors and all other persons performing portions of the Work. CONTRACTOR shall be responsible for the inspection of Work performed under the Contract Documents to determine that the Work is in proper condition to receive subsequent Work.
2021 Road Rehabilitation Plans Page 64 Town Of Zionsville
GP15. RESIDENT SUPERINTENDENT
The CONTRACTOR shall keep on the work site at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to the ENGINEER except under extraordinary circumstances. The superintendent will be the CONTRACTOR'S representative at the site and shall have authority to act on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR.
GP16. PROJECT STAFFING
The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order at the site.
GP17. NOTIFICATION OF WORK SCHEDULE
The CONTRACTOR shall provide a listing of the next work week's work activities by 12:00 P.M., Friday of that work week for the ENGINEER'S scheduling and inspection.
Failure to provide such notice within the specified time may result in the failure of the ENGINEER to pay for any material placed without ENGINEER'S inspection.
GP18. PROJECT RESPONSIBILITY
Unless otherwise specified in the Contract Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities and all other facilities and incidentals necessary for the furnishing, performance, start-up, and completion of the work.
GP19. STANDARDS OF QUALITY
All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for in the Contract Documents shall expressly run for the benefit of the OWNER. If requested by the ENGINEER, the CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
GP20. WARRANTY OF WORK
CONTRACTOR warrants to OWNER that the materials and equipment furnished under the Contract Documents shall be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will be in conformance with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective.
It is understood and agreed that the foregoing warranties shall not affect, limit or impair OWNER’S right against CONTRACTOR with regard to latent defects in the Work which do not appear within the applicable warranty period following acceptance of the Work and which could not, by the exercise of reasonable care and due diligence, be ascertained or discovered by OWNER within such warranty period.
2021 Road Rehabilitation Plans Page 65 Town Of Zionsville GP21. OBSERVATION OF WORK
The ENGINEER and his representative shall at all times have access to the work wherever it is in preparation or progress and the CONTRACTOR shall provide proper facilities for such access and for inspection.
If the specifications, the ENGINEER'S instructions, laws, ordinances or any public authority require any work to be specially tested or approved, the CONTRACTOR shall give the ENGINEER timely notice of its readiness for inspection and, if the inspection is by an authority other than the ENGINEER, the date fixed for such inspection. If any work should be covered up without the approval or consent of the ENGINEER, it must, if required by the ENGINEER, be uncovered for examination at the CONTRACTOR'S expense.
Re-examination of questioned work may be ordered by the ENGINEER and if so ordered the work must be uncovered by the CONTRACTOR. If such work is found to be in accordance with the Contract Documents, the OWNER shall pay the cost of the re-examination and replacement. If such work is not found to be in accordance with the Contract Documents, the CONTRACTOR shall pay the cost, unless he shows that the defect in the work was caused by another CONTRACTOR, and in that event the OWNER shall pay the cost of the re-examination and replacement.
GP22. INTERMEDIATE COMPLETION DATES
Intermediate completion date shall be completed within one hundred & fifty (150) calendar days of the Notice to Proceed.
GP23. CHANGES IN THE WORK
The OWNER, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract Sum being adjusted accordingly. All such work shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change.
In giving instructions, the ENGINEER shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work, but otherwise, except in an emergency endangering life or property, no extra work or changes shall be made unless in pursuance of a written order from the OWNER signed or countersigned by the ENGINEER, or a written order from the ENGINEER stating that the OWNER has authorized the extra work or change, and no claim for an addition to the contract sum shall be valid unless so ordered. The value of any such extra work or change shall be determined in one or more of the following ways:
(a) By estimate and acceptance in a lump sum (b) By unit prices named in the contract or subsequently agreed upon (c) By cost and percentage or by cost and a fixed fee
If none of the above methods is agreed upon, the CONTRACTOR, provided he receives an order as above, shall proceed with the work. In such case and also under case (c), he shall keep and present in such form as the ENGINEER may direct, a correct account of the cost, together with vouchers. In any case, the ENGINEER shall certify to the amount including reasonable allowance for overhead and profit, due to the CONTRACTOR. Pending final determination of value, payments on account of changes shall be made on the ENGINEER'S certificate.
Should conditions encountered below the surface of the ground be at variance with the conditions indicated by the drawings and specifications, the contract sum shall be equitably adjusted upon claim by either party made within a reasonable time after the first observance of the conditions.
GP24. DELETION OF WORK
The OWNER has the right to delete any items that are a part of this contract.
2021 Road Rehabilitation Plans Page 66 Town Of Zionsville GP25. DELAY AND EXTENSION OF TIME
If the CONTRACTOR should be delayed at any time in the progress of the work by any act or neglect of the OWNER or the ENGINEER, or of any employee of either, or by any separate CONTRACTOR employed by the OWNER, or by changes ordered in the work or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the CONTRACTOR'S control, or by delay authorized by the ENGINEER pending arbitration, or by any cause which the ENGINEER shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the ENGINEER may decide.
No such extension shall be made for delay occurring more than seven (7) days before claim therefore is made in writing to the ENGINEER. In the case of continuing cause of delay, only one claim is necessary.
GP26. HOLIDAYS THAT WORK IS NOT PERMITTED
The CONTRACTOR may not perform work on this project on the following days without prior written approval from the OWNER:
1) Sundays 2) New Year’s Day 3) Memorial Day 4) Independence Day 5) Labor Day 6) Thanksgiving Day and the day after Thanksgiving 7) Christmas Day
GP27. PERMITS
All permits and licenses which may be required due to construction methods such as, but not limited to, borrow or disposal pits, stream crossings, causeways, work bridges, cofferdams, etc., but which are not part of the contract documents shall be procured by the CONTRACTOR prior to beginning the work which requires the permit.
All charges, fees, and taxes shall be paid, and all notices necessary and incidental to the due and lawful prosecution of the work shall be given.
The OWNER will obtain the Indiana Department of Environmental Management’s (IDEM) Rule 5 Permit, if applicable.
GP28. UTILITIES
The CONTRACTOR shall be responsible for contacting and coordinating with all utilities affected by this project. Calendar days will be charged unless the CONTRACTOR can show written evidence that he is making every possible effort on his part to get the utility work completed.
The CONTRACTOR’S attention is directed to Section 107.20 of the INDOT Standard Specifications regarding his responsibility for Utility Properties and Service. No work is to commence until all utility owners have been contacted and the exact location and depth of existing lines has been established and the necessary arrangements for the protection thereof have been made. All work to be performed adjacent to existing lines shall be done in the presence of utility personnel, unless permission is otherwise granted from the particular OWNER involved.
2021 Road Rehabilitation Plans Page 67 Town Of Zionsville GP29. NON-DISCRIMINATION
In compliance with the Acts of Indiana General Assembly, 1933, Chapter 270, the CONTRACTOR hereby agrees:
That with respect to hire, tenure, terms, conditions, or privileges of employment of employees for the performance of work under this Contract or any Subcontract hereunder, no CONTRACTOR, Subcontractor, nor any person acting on behalf of such CONTRACTOR or Subcontractor shall, by reason of race, color, religion, sex, national origin, or ancestry discriminate against any citizen qualified to do work to which the employment relates;
That no CONTRACTOR, Subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance or work under this Contract on account of race, color, religion, sex, national origin, or ancestry;
That this Contract may be canceled or terminated by the OWNER, and all money due to or become due hereunder may be forfeited for a violation of the terms or conditions of this section of the Contract.
GP30. INSURANCE
Insurance requirements shall be as specified in Section 103.04 of the Standard Specifications.
The Contractor shall maintain such insurance as well as protect himself from claims under Workmen's Compensation Acts and other employee benefit acts; from claims for damages because of bodily injury, including death, to his employees and all others; and from claims for damages to property, any or all of which may arise out of or result from the Contractor’s operation under the Contract, whether such operations be by himself or by any subcontractor, or anyone directly or indirectly employed by either of them.
GP31. ADDITIONAL INSURED
CONTRACTOR shall submit a "Certificate of Insurance" indicating the above necessary coverage as well as naming OWNER, its employees and representatives and ENGINEER as "Additional Insured" on all policies except Worker's Compensation.
GP32. PROOF OF INSURANCE
CONTRACTOR shall not commence work until he has obtained all insurance specified herein, has filed with the OWNER one (1) copy of Certificate of Insurance, and such insurance has been approved by the OWNER.
Should any coverage approach expiration during the Contract period, it shall be renewed prior to its expiration, and certificate again filed with the OWNER. If any of such policies are canceled or are changed so as to reduce the coverage evidenced by the Certificate, at least ten (10) days' prior written notice by registered mail of such cancellation or change shall be sent to the OWNER.
All insurance provided for under this Section shall be written by Insurance Companies licensed to do business in Indiana and countersigned by registered Indiana agent. The insurance company shall file with the OWNER, one (1) copy of Affirmation of Authority, on the form furnished by the OWNER, as verification of the resident agent.
All insurance shall be maintained in full force and effect until the Contract has been fully and completely performed.
2021 Road Rehabilitation Plans Page 68 Town Of Zionsville GP33. PARTIAL PAYMENTS
All payments provided herein are subject to funds as provided by OWNER and the laws of the State of Indiana. The OWNER shall make payments on account of the Agreement, upon acceptance of Application for Payment for labor and materials incorporated in the Work at the rate of Ninety-Seven percent (97%) of such value of the Work until the Work is substantially completed. The CONTRACTOR will be paid Ninety-Seven percent (97%) of the monthly estimate, the remaining three percent (3%) will be retained by the OWNER. No partial payment will be made nor estimates submitted when the total value of the Work done since the last estimate amounts to less than $500.00. Any amount withheld as retainage by the OWNER will be held until the final completion and acceptance of the work and will be paid with final payment.
Progress payments will be due on the first day of the month and will be paid monthly. At least ten (10) days before the date established for each progress payment, CONTRACTOR shall submit to OWNER an itemized Application for Payment for operations completed in accordance with the Progress Schedule. Such Application for Payment shall be supported by such data substantiating CONTRACTOR’S right to payment as OWNER may require, such as copies of requisitions from subcontractors and material suppliers.
Before the first Application for Payment, CONTRACTOR shall submit to OWNER a proposed Progress Schedule allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as OWNER may require. This Progress Schedule, once approved by OWNER, shall be used as a basis for reviewing CONTRACTOR’S Applications for Payment.
OWNER reserves the right to inspect the Project and approve the progress of Work completed to the date of the Application for Payment. If requested by OWNER prior to making said payment, CONTRACTOR shall submit to OWNER an Affidavit and partial Waiver of Lien, and/or partial waivers from subcontractors and material suppliers, in form and content satisfactory to OWNER, stipulating that all costs for labor and materials incurred in the previous month have been paid to subcontractors, material suppliers, laborers and equipment lessors. An Application for Payment shall not include requests for payment of amounts CONTRACTOR does not intend to pay to a subcontractor or material supplier.
In no instance shall payments exceed Ninety-Seven percent (97%) of the net value of stored materials or equipment. The requirements for storage and payment for such designated materials shall follow the requirements of the Contract Documents.
GP34. FINAL PAYMENT
When the CONTRACTOR completes the work in accordance with the Contract Documents and in an acceptable matter as determined by the ENGINEER, the CONTRACTOR will prepare a final estimate for the work performed and will furnish the ENGINEER with a copy of the final estimate. Final payment shall not become due until CONTRACTOR submits (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which OWNER or OWNER’S property might be responsible or encumbered (less amounts withheld by OWNER) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents will remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to OWNER, (3) a written statement that CONTRACTOR knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, and (5) affidavit and waiver of liens from all subcontractors, material suppliers and equipment suppliers used in the prosecution of the work.
Final payment will not be made until a final inspection has been made, all certified payrolls have been received, the work has been accepted by the OWNER and has met the requirements of Section 109.08 of the INDOT Standard Specifications.
2021 Road Rehabilitation Plans Page 69 Town Of Zionsville The ENGINEER, acting on behalf of the OWNER, will then certify to the OWNER’S duly appointed representative the balance due the CONTRACTOR and the certificate will be deemed evidence of final acceptance of the completed Agreement by the OWNER. OWNER will make final payment to the CONTRACTOR within one hundred eighty (180) days after final acceptance and completion of the Agreement. However, final payment may not be made on any amount that is in dispute, but final payment may be made on the part of the Contract Sum or those amounts not in dispute.
Acceptance of final payment by CONTRACTOR shall constitute a waiver of claims by CONTRACTOR except those previously made in writing and identified by CONTRACTOR as unsettled at the time of final payment.
GP35. E-VERIFY AFFIDAVIT DIRECTIONS
The CONTRACTOR shall enroll in and verify the work eligibility status of all newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONTRACTOR shall execute and return the attached Affidavit of Employment Eligibility Verification with the executed Agreement and other related documentation.
The CONTRACTOR is not required to verify the work eligibility status of all newly hired employees of the CONTRACTOR through the E-Verify program if the E-Verify program no longer exists.
GP36. NOTICE OF CHANGED CONDITIONS AND CLAIMS
SECTION 105.16(b) of the 2020 Indiana Department of Transportation Standard Specifications is to be modified to include the following paragraph at the end of the section:
The party making the Claim shall be responsible for the costs incurred for Engineer’s review and preparation of actions related to any Claim. Should Contractor make the Claim, Owner at its sole discretion shall be entitled to charge Contractor directly for such costs or offset such costs from any payment due Contractor.
2021 Road Rehabilitation Plans Page 70 Town Of Zionsville ~ INDEX TO THE SPECIAL PROVISIONS ~
Description Page No. SP1. STARTING WORK ...... 72 SP2. CONTRACT TIME ...... 72 SP3. FAILURE TO COMPLETE WORK ON TIME ...... 72 SP4. BARRICADES, TRAFFIC SIGNS AND LIGHTS ...... 72 SP5. PRIOR TO CLOSING ROAD TO TRAFFIC ...... 72 SP6. UTILITY INFORMATION ...... 72 SP7. CLEARING RIGHT-OF-WAY ...... 76 SP8. DISPOSAL OF EXCESS MATERIAL ...... 77 SP9. OPEN BURNING OF NATURAL GROWTH ...... 77 SP10. MAINTENANCE OF TRAFFIC ...... 77 SP11. COORDINATION WITH PROPERTY OWNERS ...... 77 SP12. TREE AND LAWN PROTECTION ...... 78 SP13. BAR GRAPH PROGRESS SCHEDULE ...... 78 SP14. MISCELLANEOUS PROJECT INFORMATION ...... 78 SP15. TESTING ...... 78 SP16. INDIANA STORM WATER QUALITY MANUAL ...... 78 SP17. GEOTECHNICAL EVALUATION REPORT ...... 78 SP18. TEMPORARY EROSION CONTROL ...... 79 SP19. EXCAVATION & BORROW ...... 80 SP20. MILLING & PATCHING ...... 80 SP21. CONCRETE CURB RAMPS ...... 80 SP22. SIDEWALK WITH INTEGRAL CURB ...... 82 SP23. STAMPED SIDEWALK WITH INTEGRAL CURB ...... 82 SP24. SIDEWALK CLOSURES ...... 82 SP25. EXISTING GRASS PROTECTION ...... 82 SP26. HMA PAVEMENT ...... 82 SP27. HMA SURFACE PAVEMENT ...... 83 SP28. SAWCUTTING ...... 83 SP29. WATERING SOD ...... 83 SP30. COMPACTED AGGREGATE ...... 83 SP31. MATERIAL HANDLING AND SPILL PREVENTION PLAN ...... 83 SP32. CURB AND GUTTER, CONCRETE, TYPE II DEPRESSED ...... 83 SP33. PIPE FOR UNDERDRAINS ...... 84 SP34. SUBSURFACE DRAINS ...... 84 SP35. LINEAR GRADING ...... 84
2021 Road Rehabilitation Plans Page 71 Town Of Zionsville
PART 4 – SPECIAL PROVISIONS
SP1. STARTING WORK
The CONTRACTOR shall start work within ten (10) calendar days after the date of ENGINEER’S Notice to Proceed.
SP2. CONTRACT TIME
The schedule for the completion of the work included in this contract, including incidentals and clean up, shall be governed by the number of calendar days.
Intermediate completion of this Contract shall be completed within one hundred & fifty (150) calendar days of the Notice to Proceed.
This Contract shall be completed within one hundred & eighty (180) calendar days of the Notice to Proceed.
SP3. FAILURE TO COMPLETE WORK ON TIME
If the contract is not completed on or before the contract completion date shown in SP2, liquidated damages will be assessed in accordance with Section 108.09, not as a penalty, but as damages sustained for each calendar day charged in addition to the number of calendar days shown on the Proposal sheet.
Extension of contract time, if required, shall be in accordance with 108.08.
SP4. BARRICADES, TRAFFIC SIGNS AND LIGHTS
The CONTRACTOR shall erect barricades and maintain traffic signs and lights wherever required for safeguarding the public and they shall be acceptable to the ENGINEER.
All traffic signs shall conform to the Indiana Manual on Uniform Traffic Control Devices, current edition, and the Standard Specifications.
All barricades, traffics signs and lights shall not be paid for individually, but shall be included in the cost of the Maintenance of Traffic pay item.
SP5. PRIOR TO CLOSING ROAD TO TRAFFIC
The CONTRACTOR shall notify the OWNER, ENGINEER, U.S. Post Office, fire departments, affected schools, local police agencies, and Sherriff’s department via telephone and certified mail prior to closing any roads to vehicular traffic. The CONTRACTOR shall notify the same agencies listed above once the road is reopened to vehicular traffic via telephone and certified mail.
SP6. UTILITY INFORMATION
All applicable sections of 105.06 and 107.20 shall apply except as amended elsewhere within the contract documents and as follows:
Coordination with any applicable utility is the sole responsibility of the CONTRACTOR.
The CONTRACTOR shall be responsible for notifying the applicable utilities a minimum of ten (10) days prior to the commencement of any construction activities or as required by the respective utility.
The utility status as of March 11, 2021 is as follows:
2021 Road Rehabilitation Plans Page 72 Town Of Zionsville Utility Name Status
AES Indiana The facilities exist within the project limits. 1230 W. Morris St. Conflicts are not anticipated within the project. Indianapolis, IN 46221 Attn: Brenton Vogt Ph: 317-261-8085 Email: [email protected] AT&T Distribution The facilities exist within the project limits. 240 N. Meridian St. Conflicts are not anticipated within the project. Indianapolis, IN 46204 Attn: Zach Goodbar Ph: 317-610-5427 Email: [email protected] Boone County REMC The facilities exist within the project limits. 1207 Indianapolis Avenue Conflicts are not anticipated within the project. Lebanon, IN 46052 Attn: Randy Campbell Ph: 765-483-2496 Mobile: 765-894-1083 Email: [email protected] Buckeye The facilities exist within the project limits. 5 Tek Park Conflicts are not anticipated within the project. 9999 Hamilton Blvd Breinigsville, PA 18031 Attn: Traci McClearnon Ph: 610-904-4475 Email: [email protected] Carmel Clay Communications Center The facilities exist within the project limits. 31 1st Avenue NW Conflicts are not anticipated within the project. Carmel, IN 46032 Attn: John Jokantas Ph: 317-571-2586 Email: [email protected] Carmel Utilities The facilities exist within the project limits. 760 3rd Ave. SW Conflicts are not anticipated within the project. Carmel, IN 46033 Attn: John Duffy Ph: 317-571-2451 Email: [email protected] Centerpoint Energy (Vectren) The facilities exist within the project limits. 2345 E. Main St. Conflicts are not anticipated within the project. Danville, IN 46122 Attn: Benjamin Vasquez Ph: 317-718-3657 Email: [email protected] Citizens Energy Group – Gas The facilities exist within the project limits. 2150 Dr. Martin Luther King Jr. Street, Bldg. 1b Conflicts are not anticipated within the project. Indianapolis, IN 46202 Attn: Richard Miller, Jr. Ph: 317-927-4684 Email: [email protected]
2021 Road Rehabilitation Plans Page 73 Town Of Zionsville
Utility Name Status
Citizens Energy Group – Water The facilities exist within the project limits. 2150 Dr. Martin Luther King Jr. Street Conflicts are not anticipated within the project. Indianapolis, IN 46202 Attn: Scott Ritter Ph: 317-927-4454 Email: [email protected] Comcast Cablevision The facilities exist within the project limits. c/o Telecom Placement Inc. Conflicts are not anticipated within the project. 15405 Little Eagle Creek Ave. Zionsville, IN 46077 Attn: Scott Evans Ph: 317-752-6569 Email: [email protected] Countrymark Cooperative The facilities exist within the project limits. 6701 Lower New Harmony Road Conflicts are not anticipated within the project. Mt. Vernon, IN 47620 Attn: Jamie Marques Ph: 812-833-2598 Email: [email protected] Duke Energy The facilities exist within the project limits. 100 S. Mill Creek Road Conflicts are not anticipated within the project. Noblesville, IN 46062 Attn: Don McDuffy Ph: 317-776-1111 Email: [email protected] Enterprise Products Operating, LLC The facilities exist within the project limits. Attn: Rebecca Equia-Curry Conflicts are not anticipated within the project. Ph: 281-887-2451 Email: [email protected]
Everstream, LLC The facilities exist within the project limits. 342 Massachusetts Ave. Conflicts are not anticipated within the project. Indianapolis, IN 46204 Attn: Ean Elder 317-832-1766 Email: [email protected] Intelligent Fiber Network (IFN) The facilities exist within the project limits. 722 N. High School Road Conflicts are not anticipated within the project. Indianapolis, IN 46214 Attn: Shawn Wright Ph: 317-777-7119 Email: [email protected] Lumen The facilities exist within the project limits. 100 CenturyLink Drive Conflicts are not anticipated within the project. Monroe, LA 71203 Attn: Kendall Williams-Zetina Ph: 318-388-9000 Email: [email protected]
2021 Road Rehabilitation Plans Page 74 Town Of Zionsville
Utility Name Status
Marathon Pipe Line Co. The facilities exist within the project limits. 10722 E. County Road 300 N. Conflicts are not anticipated within the project. Indianapolis, IN 46234 Attn: Austin Guyer Ph: 317-871-7814 Email: [email protected] MCI Communication Services, Inc. The facilities exist within the project limits. 6835 Hillsdale Ct. Conflicts are not anticipated within the project. Indianapolis, IN 46250-2039 Attn: Rolland Craig Ph: 317-498-1242 Email: [email protected] Metro Fibernet, LLC The facilities exist within the project limits. 3701 Communications Way Conflicts are not anticipated within the project. Evansville, IN 47715 Attn: Korie Nellis Ph: 812-213-1378 Email: [email protected] Panhandle Eastern Pipe Line Co., LP The facilities exist within the project limits. 9371 Zionsville Road Conflicts are not anticipated within the project. Indianapolis, In 46268 Attn: Alan Longoria Ph: 317-879-3033 Email: [email protected] South Central Indiana REMC Fiber The facilities exist within the project limits. 300 Morton Avenue Conflicts are not anticipated within the project. Martinsville, IN 46151 Attn: Jerry Haver Ph: 317-431-1562 Email: [email protected] Spectrum The facilities exist within the project limits. 3030 Roosevelt Avenue Conflicts are not anticipated within the project. Indianapolis, IN 46218 Attn: Byron Posey Ph: 317-538-2016 Email: [email protected] TCS Communications, LLC The facilities exist within the project limits. 4355 Lafayette Rd. Conflicts are not anticipated within the project. Indianapolis, IN 46254 Attn: Chris Fowler Ph: 317-435-6225 Email: [email protected] TDS Telecom The facilities exist within the project limits. 525 Junction Rd. Conflicts are not anticipated within the project. Madison, WI 53717 Attn: Michael Sweet Ph: 608-664-4539 Email: [email protected]
2021 Road Rehabilitation Plans Page 75 Town Of Zionsville
Utility Name Status
Trico Regional Sewer Utility The facilities exist within the project limits. 10701 N. College Ave., Suite A Conflicts are not anticipated within the project. Indianapolis, IN 46280-1098 Attn: Wes Merkle Ph: 317-363-1842 Email: [email protected] US Signal Company, LLC The facilities exist within the project limits. c/o Turnkey Network Solutions Conflicts are not anticipated within the project. 7020 Southbelt Drive SE Caledonia, MI 49316 Attn: Rob Fisher Ph: 616-988-5319 Cell: 616-862-7102 Email: [email protected] Windstream The facilities exist within the project limits. 102 E. Shafer St. Conflicts are not anticipated within the project. Forsyth, IL 62535 Attn: Scott Builta Ph: 217-876-7194 Email: [email protected] Zayo Bandwidth The facilities exist within the project limits. 9209 Castlegate Dr. Conflicts are not anticipated within the project. Indianapolis, IN 46256 Attn: Waylon Higgins Ph: 765-341-1199 Email: [email protected] Zionsville Schools Fiber The facilities exist within the project limits. 900 Mulberry Street Conflicts are not anticipated within the project. Zionsville, IN 46077 Attn: J.J. Nielsen Ph: 765-326-0274 Email: [email protected] Zionsville Sewer Department The facilities exist within the project limits. 1100 W. Oak Street Conflicts are not anticipated within the project. Zionsville, IN 46077 Attn: Lance Lantz Ph: 317-873-4544 Email: [email protected]
It is the CONTRACTOR’S responsibility to verify that these utilities are present onsite and that no other utilities are present prior to construction. If other utilities are located within the project, they are to be added to this list of utilities and coordinated with appropriately.
SP7. CLEARING RIGHT-OF-WAY
Clearing right-of-way shall be in accordance with the requirements of Section 201 of the Standard Specifications, except as follows: - Regarding payment in section 201.07(d), Delete “within the construction limits” from line 140 and add “as required or directed within the existing right of way”. - Regarding payment in section 201.07(d), Delete “All clearing the Contractor is directed to perform outside the construction limits, including clearing for utility relocation which is for the benefit of the Department, and not simply for the Contractor’s convenience, will be paid for in accordance with 104.03 or 109.03 unless such clearing is shown on the plans, in the Contract
2021 Road Rehabilitation Plans Page 76 Town Of Zionsville
Information book, or is for the construction of fence or right-of-way markers.” from lines 141 through 146. - The initial payment for clearing right-of-way will be limited to two (2) percent of the original total bid. If the contract lump sum price for clearing right-of-way is greater than two (2) percent of the original total bid, the amount over two (2) percent will not be paid until the contract has been completed and accepted.
SP8. DISPOSAL OF EXCESS MATERIAL
All excess material not to be salvaged (waste) shall be removed from the project site. Whether a private or public waste site is utilized, such disposal shall comply with all federal, state and local ordinances and permit requirements. A copy of all permits obtained or applied for shall be submitted to the ENGINEER prior to the material leaving the site.
The CONTRACTOR shall submit, in writing, the location of the proposed dumpsite, for review, prior to the commencement of construction.
No direct payment will be made for this work but the cost thereof shall be included in the costs of the other items in the contract. The CONTRACTOR is hereby advised that the bituminous material from the existing roadway on this project is considered to be acceptable material for fill and earthwork calculations have taken this into account. The CONTRACTOR may elect to remove this material from the job site. However, no compensation will be paid for extra borrow material necessary to replace this material as fill in this project.
SP9. OPEN BURNING OF NATURAL GROWTH
Open burning of natural growth will not be permitted on this contract.
SP10. MAINTENANCE OF TRAFFIC
There will be no road closures unless written approval from the OWNER has been obtained by the CONTRACTOR.
The CONTRACTOR is responsible for all Maintenance of Traffic. All Maintenance of Traffic needed for this project shall be installed, maintained, and performed in accordance with the 2020 INDOT Standard Specifications and the Indiana MUTCD Manual.
The Project Engineer shall approve the Maintenance of Traffic Plan and the actual location of construction signs, barricades, traffic lights, etc. A Maintenance of Traffic Plan shall be submitted to the Project Engineer for approval 72 hours prior to installation.
The CONTRACTOR is directed to the fact that access to businesses and residences within the project area shall be maintained at all times. In addition, access for all emergency traffic such as police, fire, medical and postal deliveries to all properties within the project area shall be maintained at all times.
It may be necessary to construct temporary drives to maintain access to properties during construction. The cost for the construction and maintenance of these temporary accesses shall be included in the cost of maintaining traffic.
The cost for all incidentals, signs, lights, etc. required for Maintenance of Traffic, and temporary drive materials shall be included in the pay item “Maintaining of Traffic”.
SP11. COORDINATION WITH PROPERTY OWNERS
The CONTRACTOR is responsible to provide all property owners a minimum of five (5) day advanced notification before commencing construction operations. Advanced notification will consist of either a letter or other equivalent form of communication just so as the property owner is made aware no later
2021 Road Rehabilitation Plans Page 77 Town Of Zionsville
than the five (5) days noted. The cost for the coordination with property owner shall be included in the cost of maintaining traffic.
SP12. TREE AND LAWN PROTECTION
The CONTRACTOR shall use reasonable care for the protection of trees, shrubbery, and lawn areas adjacent to and beyond the permanent right-of-way. All tree removal shall be approved by the OWNER.
The cost of bush or tree trimming and the cost of the protection and proper restoration of disturbed areas shall not be paid for directly, but shall be included in the cost of clearing right-of-way.
SP13. BAR GRAPH PROGRESS SCHEDULE
When a progress schedule is required, the CONTRACTOR shall also furnish a bar graph type schedule which shows the estimated times required to prosecute the major or critical items of work. This schedule shall incorporate all contract requirements regarding the order of performance of the work and each activity. The schedule shall graphically show the calendar time for which each activity is scheduled for work.
The bar graph schedule shall be provided in addition to the progress schedule described herein. The bar graph schedule shall be submitted at the preconstruction conference.
The OWNER, ENGINEER and the CONTRACTOR shall meet at least once each month to review actual and proposed schedules. The CONTRACTOR shall submit the correspondence to the OWNER after each monthly meeting addressing each item of work that is behind schedule and what action will be taken to get the work back on schedule.
SP14. MISCELLANEOUS PROJECT INFORMATION
The CONTRACTOR shall not begin construction activities until provided written notification by the ENGINEER (estimated 10 days after bid opening).
The CONTRACTOR shall evaluate the necessary road closures and ensure to the OWNER that local access to residents and businesses are provided at all times.
The CONTRACTOR shall maintain two separate sets of quantities for work completed on 96th Street (Alternate 4). Quantities utilized west of I-465 shall be the Alternate 4 West Project and quantities utilized east of I-465 shall be the Alternate 4 East Project. The CONTRACTOR shall submit separate pay requests for Alternate 4 West and Alternate 4 East.
SP15. TESTING
Testing shall be in accordance with INDOT Standard Specifications. The CONTRACTOR shall be responsible for testing and all costs associated with testing.
SP16. INDIANA STORM WATER QUALITY MANUAL
Design of temporary erosion and sediment control measures shall be in accordance with the requirements of the Indiana Design Manual (IDM) and the Indiana Storm Water Quality Manual (ISWQM). In case of discrepancy, the requirements of the ISWQM shall hold over the IDM.
SP17. GEOTECHNICAL EVALUATION REPORT
No Geotechnical Report is available for this project.
2021 Road Rehabilitation Plans Page 78 Town Of Zionsville SP18. TEMPORARY EROSION CONTROL
The CONTRACTOR is responsible to implement all erosion control measures and practices in accordance with the plans or as directed by OWNER or ENGINEER and applicable requirements of 327 IAC 15-5-7 and 15-5-9 and that they shall be conducted by personnel trained in erosion control practices.
The CONTRACTOR’S sequence must be approved prior to starting soil disturbing activities, if required by the OWNER or ENGINEER.
Erosion Control Sequence: 1. Install all perimeter erosion control and sediment basins prior to any earth disturbing activity or the removal of any original vegetation.
2. Stable construction entrances and crossings (using temporary gravel) as defined in the Indiana Storm Water Quality Manual (Manual) shall be maintained by the CONTRACTOR as necessary. This includes minimizing mud on the existing roadway. The cost of all items necessary to comply with this practice shall not be paid for directly but shall be included in the cost of other items.
3. All erosion control measures shall remain functioning until areas being controlled are either paved, seeded or sodded, as shown in the plans. Seeded areas must be at least 70% vegetated (density) to be considered seeded.
4. All straw bale check dams should be entrenched, staked, and replaced every 3 months (or as needed).
5. All maintenance of erosion control measures shall be in conformance with the Indiana Storm Water Quality Manual.
6. All erosion control measures shall be inspected and logged, by the OWNER or their representative knowledgeable in erosion and sediment control, after each storm event as well as on a weekly basis, as a minimum or as directed by the ENGINEER.
7. The CONTRACTOR shall utilize as an interim measure, temporary seeding as defined in the Indiana Storm Water Quality Manual prior to utilizing temporary seeding per INDOT specifications. This seed shall be in accordance with the Manual and/or as directed by the ENGINEER. Seeding of back slopes of ditches can be achieved immediately after ditches are cut. Any disturbed area scheduled or likely to remain inactive for a period of 7 days or more shall be stabilized as soon as possible using temporary seeding or other approved methods.
8. Temporary or Permanent stabilization of all disturbed areas shall be installed as soon as possible following final grading of these areas. All disturbed areas shall be permanently SODDED unless otherwise noted or directed by OWNER or ENGINEER.
9. All disturbed areas (i.e. stockpile/borrow) outside the project limits will be subject to applicable erosion control standards and should be in accordance with 203.08 of the Standard Specifications.
10. All concrete washout areas shall be approved by the ENGINEER and must be posted and surrounded by an earthen berm and silt fence. Concrete washout areas must be located at least 50 feet from any surface water, including open ditches and inlets.
11. All Temporary Erosion and Sediment Control items will not be paid for separately but shall be included in the cost of other items.
2021 Road Rehabilitation Plans Page 79 Town Of Zionsville SP19. EXCAVATION & BORROW
Existing items shown to be removed shall be disposed of offsite in accordance with all applicable laws, codes and ordinances. Excavation quantities provided on the Plans include asphalt pavement removal where applicable. Bituminous material removed from the project site shall NOT be used for backfill or borrow. Borrow and Topsoil shall be in accordance with the Plans and Standard Specifications, except as specifically noted herein. Excavation, Borrow and Top Soil will not be measured for payment but shall be included in the cost of other items.
SP20. MILLING & PATCHING
Asphalt milling shall be performed over the entire project area as designated on the Plans or by the ENGINEER, including areas designated as HMA Patching. Patching must be completed prior to milling operations. Prior to any construction related to the patching areas, contact and coordinate with the OWNER. The OWNER will examine and finalize all patching areas and dimensions. Once the OWNER has approved the patching locations and dimensions, only then can construction on the HMA Patching begin.
SP21. CONCRETE CURB RAMPS
Description This work shall consist of the design and construction of curb ramps at the locations as shown in the plans. The CONTRACTOR shall be responsible for developing curb ramp details for the locations shown in the plans that work with the actual field conditions. The CONTRACTOR shall provide the ENGINEER with copies of the final curb ramp details and the quantities for each ramp.
Materials Materials shall be in accordance with INDOT Standard Specification, Section 604.02.
Construction Requirements Construction requirements shall be in accordance with INDOT Standard Specification, Section 604.03 except as noted below:
1. Curb ramps shall be designed and constructed to meet PROWAG standards as shown on INDOT Standard Drawings No. E 604-SWCR-01 thru E 604-SWCR-14.
2. The CONTRACTOR shall notify the ENGINEER a minimum of 1 business day before any concrete is placed for a curb ramp. If the ENGINEER desires to review the curb ramp forming before concrete placement, the ENGINEER will notify the CONTRACTOR of the time desired for inspection and the CONTRACTOR shall be present and provide a digital level for use in confirming the slopes of the curb ramps will be in accordance with PROWAG requirements.
3. All earthwork, seeding, sodding and incidentals required are included in the cost of the curb ramp.
4. Curbs and Return Curbs which do not connect into other curbs, shall be tapered down to a height not exceeding 1 ½”.
Method of Measurement Concrete curb ramps will be measured by the square yard of finished surface.
No direct payment will be made for designing curb ramps. The cost thereof shall be included in the pay item Construction Engineering.
Basis of Payment
Pay Item Pay Unit Curb Ramp, Concrete Sys Detectable Warning Surfaces Sys
2021 Road Rehabilitation Plans Page 80 Town Of Zionsville For bidding purposes, quantities were assumed for each location where curb ramp replacement is required. The following table summarizes the locations and quantities utilized in the Itemized Proposals.
Assumed Curb Ramp Quantities (for Bidding Purposes) Curb Detectable Sidewalk Sidewalk Bid Ramp, Warning Concrete, Location Concrete Package Concrete Surfaces Remove (SYS) (SYS) (SYS) (SYS) W Stonewall Ln. & Hunt Club Rd. Base 5 1.5 6 6 E Stonewall Ln. & Hunt Club Rd. Base 5 1.5 6 6 W Monahan Rd. & Hunt Club Rd. Base 5 1.5 6 6 E Monahan Rd. & Hunt Club Rd. Base 5 1.5 6 6 N Shannon Rd. & Monahan Rd. Base 5 1.5 6 6 S Shannon Rd. & Monahan Rd. Base 5 1.5 6 6 NE Corner Clifden Pond Rd. & Monahan Rd. Base 5 1.5 6 6 SE Corner Clifden Pond Rd. & Monahan Rd. Base 5 1.5 6 6 SW Corner Phantom Ct. & Corniche Dr. Base 5 1.5 6 6 W Khaki Ct. & Buttondown Ln. Base 5 1.5 6 6 E Khaki Ct. & Buttondown Ln. Base 5 1.5 6 6 W Madras Ct. & Buttondown Ln. Base 5 1.5 6 6 E Madras Ct. & Buttondown Ln. Base 6 1.5 13 13 NW Corner Buttondown Ln. & St. John Cir. Base 5 1.5 6 6 NE Corner Buttondown Ln. & St. John Cir. Base 5 1.5 6 6 W Ford Rd. @ Fire Dept Base 5 1.5 6 6 E Ford Rd. @ Fire Dept Base 5 1.5 6 6 S 6th St. & Cedar St. Base 5 1.5 6 6 N 6th St. & Cedar St. Base 5 1.5 6 6 S 6th St. & Poplar St. Base 5 1.5 6 6 N 6th St. & Poplar St. Base 5 1.5 6 6 S 6th St. & Locust St. Base 5 1.5 6 6 n 6th St. & Locust St. Base 5 1.5 6 6 S 6th St. & Beech St. Base 5 1.5 6 6 N 6th St. & Beech St. Base 5 1.5 6 6 S 6th St. & Linden St. Base 5 1.5 6 6 N 6th St. & Linden St. Base 5 1.5 6 6 SW Corner Bayberry Ln. & Brentwood Ave. Alternate 1 5 1.5 6 6 SE Corner Bayberry Ln. & Brentwood Ave. Alternate 1 5 1.5 6 6 E Clarkson Rd. and Clarkson Ct. Alternate 1 5 1.5 6 6 W Clarkson Rd. and Clarkson Ct. Alternate 1 5 1.5 6 6 NE Corner Clarkson Rd. & Willow Rd. Alternate 1 5 1.5 6 6 SE Corner Clarkson Rd. & Willow Rd. Alternate 1 5 1.5 6 6 N Poplar St. and 9th St. Alternate 3 5 1.5 6 6 S Poplar St. and 9th St. Alternate 3 5 1.5 6 6 NE Corner S Poplar St. and 6th St. Alternate 3 5 1.5 6 6 SW Corner CR 400 S Rd. & Deer Valley Ln. Alternate 5 5 1.5 6 6 SE Corner CR 400 S Rd. & Deer Valley Ln. Alternate 5 5 1.5 6 6 SW Corner CR 400 S Rd. & Greenthread Dr. Alternate 5 5 1.5 6 6 SE Corner CR 400 S Rd. & Greenthread Dr. Alternate 5 5 1.5 6 6 Total 201 60 247 247
2021 Road Rehabilitation Plans Page 81 Town Of Zionsville SP22. SIDEWALK WITH INTEGRAL CURB
This work shall consist of the construction of a monolithic sidewalk and curb as shown in the plans. The work shall be in accordance with 640. All costs to complete the described work and any necessary incidentals shall be included in the cost of the Sidewalk, Concrete, with Integral Curb and paid for per square yard.
SP23. STAMPED SIDEWALK WITH INTEGRAL CURB
This work shall consist of the construction of a monolithic sidewalk and curb as shown in the plans with a stamp inlayed into the walking surface. The work shall be in accordance with 640 and the requirements of the stamp manufacturer (Fourth Dimension Concrete). The stamp is the property of the Town and will be provided to the Contractor for use at the locations shown in the plans or as directed. The stamp shall be cleaned and returned to the Town after completion of the sidewalk installation. All costs to complete the described work and any necessary incidentals shall be included in the cost of the Sidewalk, Concrete, with Integral Curb, Stamped and paid for per square yard.
SP24. SIDEWALK CLOSURES
Sidewalks closures shall be in accordance with Section 6D.01 and 6D.02 of the 2011 Indiana Manual on Uniform Traffic Control Devices including Revisions 1, 2 & 3. Sidewalks shall be closed a maximum of three days for construction of curb ramps as shown on the plans. The closures shall not be on weekends or holidays. Only one curb ramp and connecting sidewalks shall closed at a time at an intersecting roadway. Sidewalk closures at different intersections will be allowed. At least one week prior to closing a sidewalk, advance notification signs shall be placed. No direct payment will be made for closing sidewalks. The cost thereof shall be included in the pay item maintaining traffic.
SP25. EXISTING GRASS PROTECTION
Existing grass shall be protected to the greatest extent practicable. If disturbance of adjacent grass property occurs due to the project construction activities, CONTRACTOR shall restore the disturbed areas to proper grade and provide sodding as directed by the ENGINEER or OWNER. CONTRACTOR shall be responsible to ensure positive surface drainage is provided for all areas of construction activities. Under no circumstance shall the CONTRACTORS’ work create reduced drainage of roadways, inlets, ditches or any other surface drainage measure without prior written approval by the ENGINEER or OWNER. In the event the ENGINEER or OWNER finds that the construction activities have inhibited surface drainage, the CONTRACTOR shall be notified and the CONTRACTOR shall respond immediately with a plan to resolve the issue. Property regrading, sodding, water, and fertilizer shall NOT be paid for separately, but shall be included in the cost of Sodding, Nursery.
SP26. HMA PAVEMENT
Section 402.01 of the INDOT Standard Specifications – Line 4 – 5 – insert as follows:
This work shall consist of one or more courses of HMA base, intermediate, or surface mixtures or other miscellaneous mixtures constructed in accordance with 105.03.
Basis of Payment:
Pay Item Pay Unit HMA Surface, Type B Ton HMA Intermediate, Type B Ton HMA Base, Type B Ton
2021 Road Rehabilitation Plans Page 82 Town Of Zionsville
SP27. HMA SURFACE PAVEMENT
All hot mix asphalt (HMA) surface pavement shall be 9.5 mm mixture.
SP28. SAWCUTTING
All costs associated with sawcutting asphalt, concrete pavement and curb will not be paid for separately but shall be included in the costs of other pay items.
SP29. WATERING SOD
Section 621.10 of the INDOT Standard Specifications – Line 345 – remove and insert as follows:
Sods shall be maintained for a minimum of four six weeks from the time it is laid before being accepted.
SP30. COMPACTED AGGREGATE
Section 303.10 of the INDOT Standard Specifications – Line 70 – 71 – insert as follows:
The cost of placing, compacting, water, and necessary incidentals, including excavation and disposal of existing materials required for the compacted aggregate, shall be included in the costs of the compacted aggregate.
SP31. MATERIAL HANDLING AND SPILL PREVENTION PLAN
On a bi-weekly basis, construction debris, waste and litter from work areas within the construction limits of the project site shall be collected and disposed. Storm water run-off shall be prevented from contacting stored solid waste through the use of temporary diversion structures or by placing the debris/waste above the site surface.
Alert procedure for spills: 1. Barricade the spill area allowing no vehicles to enter or leave the spill zone. 2. Notify IDEM, Office of Emergency Response (800-233-7745) 3. Notify the Town of Zionsville Fire Department in emergency situations (911) 4. Notify the Town of Zionsville Police Department in emergency situations (911) 5. Notify waste recovery contractor, maintenance personal or other contractual personal as necessary for cleanup. 6. Coordinate and monitor cleanup until the situation has been stabilized and all spills have been eliminated.
SP32. CURB AND GUTTER, CONCRETE, TYPE II DEPRESSED
Depressed curb and gutter shall be installed according to the plans. This work shall include the installation of the curb, curb transitions, and driveway transition. Depressed curb and gutter shall be also in accordance with section 605 of the 2020 INDOT Standard Specifications. The drive transition shall transition the existing drive surface to the depressed curb height. The drive transition shall extend 1 foot from the back of curb and be constructed to the width of driveway. The drive transition section shall consist of 1.5 inches of HMA surface on 6 inches of PCCP on Compacted Subgrade. All costs to complete the described work and any necessary incidentals shall be included in the cost of the Curb and Gutter, Concrete, Type II Depressed and paid for by the LFT completed.
2021 Road Rehabilitation Plans Page 83 Town Of Zionsville SP33. PIPE FOR UNDERDRAINS
Description Where called for in the plans or directed by the ENGINEER, the pipe for underdrains shall consist of 6” Perforated N-12 HDPE Dual Wall pipe or equivalent.
Method of Measurement 6” HDPE Dual wall pipe for underdrains will be measured by the linear foot in accordance with the pay limits shown on the plans.
Basis of Payment Pay Item Pay Unit Pipe, Type 4, Circular, 6 in. Lft
SP34. SUBSURFACE DRAINS
Subsurface drains (underdrains) shall be installed as indicated on the Plans or as directed by the ENGINEER. The outlet end of each underdrain run shall be connected to an existing drainage structure. Caps for new subsurface drains/underdrains shall NOT be paid for separately but shall be included in the cost of Pipe, Type 4, Circular, 6 in. Subsurface drain connections to storm structures shall be watertight and shall NOT be paid for separately but shall be included in the cost of Pipe, Type 4, Circular, 6 in.
SP35. LINEAR GRADING
Linear grading shall consist of the removal of excess materials along the edge of pavement to provide positive drainage off the pavement or to create a drainage swale as shown in the plans. All disturbed areas not covered by pavement or aggregate shall be treated with Mulched Seeding, U, in accordance with 621.
Linear grading, except for seeding (if required), shall be completed prior to the installation of the HMA surface course.
All materials, equipment, labor and incidentals required for the grading, removal and disposal of materials, and seeding (if required) shall be included in the price per linear foot of linear grading.
2021 Road Rehabilitation Plans Page 84 Town Of Zionsville