HomeMy Public PortalAbout111-2015 - Metro - American Environmental Corp.- Phase 1 Remediation - Part 2SECTION 00100
INSTRUCTIONS TO BIDDERS
PART 1 GENERAL
1.1 SCOPE
The contract work provides for construction of the Former Carpenter Manufacturing Site
Remedlation Work — Phase 1, and other related items pertinent and incidental thereto, including
the furnishing of all labor, materials, supplies, equipment, work and services, ready for
satisfactory and continuous operation, in accordance with the drawings and specifications.
1.2 DEFINED TERMS
A. The term "Bidder" means one who submits a bid directly to Owner, as distinct from a "Sub -
bidder" who submits a bid to a Bidder.
B. The term "Successful Bidder" means the lowest qualified, most responsible and responsive
Bidder to whom the Owner (on the basis of Owners evaluation as hereinafter provided) makes
an award.
C. The term "Bidding Documents" includes the following:
1. Advertisement for Bids.
2. Instructions to Bidders.
3. Bid Form.
4. Federal Contract Provisions.
5. Standard General Conditions of the Contractor's Contract.
6. Supplementary Conditions.
7. Specifications (Sections 00020 through 16446).
& Approved Site Investigation/Remedlation Work Plan (SI/RWP) dated September 16, 2013.
9. All Addenda issued prior to receipt of Bids.
D. The term "Contract Documents" includes the following:
1. Contractor's Agreement Form.
2. All Addenda.
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3. Contractor's Bid.
4. Performance and Payment Bonds.
S. Standard General Conditions of the Contractor's Contract.
6. Supplementary Conditions.
7. Specifications (Sections 00020 through 16446).
8. Approved Site Investigation/Remediation Work Plan (SI/RWP) dated September 16, 2013.
9. All Addenda issued prior to receipt of Bids.
1.3 COPIES OF BIDDING DOCUMENTS
A. Complete sets of the Bidding Documents in the number and for the fee stated in the
Advertisement for Bids may be obtained from the City of Richmond, Department of
Metropolitan Development, 50 North 5a' Street, Richmond, IN 47374, (765) 983-7211.
B. Contractors who are submitting a bid for this project (Bidders) must purchase at least one
complete set of bidding documents.
C. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
D. It is the Bidder's responsibility to assume that all "sub -bidders" have based their bids on
complete sets of bidding documents. Neither the bidder nor sub -bidder is entitled to additional
compensation due to failure to use complete sets of bidding documents in preparing their bids.
E. Owner and Engineer in making copies of complete Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or
grant for any other use.
Work to be performed shall be in accordance with the Contract Documents.
1.4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
A. it is the responsibility of each Bidder before submitting a Bid to (1) examine the Contract
Documents thoroughly; (2) visit the site to become familiar with local conditions that may affect
cost, progress, performance, or furnishing of the Work; (3) consider federal, state, and local laws
and regulations that may affect cost, progress, performance, or furnishing of the Work; (4) study
and carefully correlate Bidder's observations with the Contract Documents; and (S) notify
Engineer of all conflicts, errors, or discrepancies in the Contract Documents.
B. No extra compensation shall be allowed the Successful Contractor by reason of any matter or
thing which the Contractor failed to fully inform him, as mentioned above, prior to the bidding.
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1.5 INFORMATION NOT GUARANTEED
A. Information and data reflected in the Contract Documents with respect to underground facilities
at or contiguous to the site are based upon information and data furnished to the Owner and
Engineer by owners of such underground facilities, and Owner and Engineer do not assume
responsibility for the accuracy or completeness thereof.
B. All information given relating to borings, material encountered, and groundwater is from the
reports of the geotechnical contractor. Such information is furnished only for the information
and convenience of the Bidders. it is understood and agreed that the Owner does not warrant
or guarantee as to the accuracy or completeness of such information.
C. Before submitting a Bid, each Bidder may, at Bidder's own expense, make or obtain any
additional examinations, investigations, explorations, tests and studies, and obtain any
additional information and data which pertain to the physical conditions (surface, subsurface,
and underground facilities) at or contiguous to the site or otherwise which may affect cost,
progress, performance, or furnishing of the Work and which Bidder deems necessary to
determine its Bid for performing and furnishing the Work in accordance with the time, price, and
other terms and conditions of the Contract Documents.
D. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder
has complied with every requirement of the Instructions to Bidders, that without exception the
Bid is premised upon performing and furnishing the Work required by the Contract Documents
and such means, methods, techniques, sequences, or procedures of construction as may be
indicated in or required by the Contract Documents, and that the Contract Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and conditions
for performing and furnishing of the Work.
1.6 INTERPRETATIONS AND ADDENDA
A. All questions about the meaning or intent of the Contract Documents are to be directed to
Engineer. Interpretations or clarifications considered necessary by Engineer in response to such
questions will be issued by Addenda mailed or delivered at least five (5) days prior to the receipt
of Bids to all parties recorded by Engineer as having received the Bidding Documents. Questions
received less than seven (7) days prior to the date for opening of Bids may not be answered.
Only questions answered by a formal written Addendum will be binding upon the Owner. Oral
and other interpretations or clarifications will be without legal effect.
B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner
or Engineer.
C. In general, the Owner will neither approve nor disapprove particular products prior to the
opening of the Bids; such products will be considered when offered by the Contractor for
incorporation into the work.
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1.7 BID SECURITY
A. Each Bid must be accompanied by Bid security made payable to the Owner in an amount of five
percent (5%) of the Bidder's maximum Bid price and in the form of a certified check or an
acceptable Bid Bond. The Bid Bond shall be from an incorporated surety company in good
standing and qualified to do business in the State of Indiana and listed on OMB Circular 570.
B. The Bid security of the Successful Bidder will be retained until such Bidder has executed the
Agreement and furnished the required contract security, whereupon the Bid security will be
returned. If the Successful Bidder falls to execute and deliver the Agreement and furnish the
required contract security within 15 days after the Notice of Award, Owner may annul the
Notice of Award and the Bid security of that Bidder will be forfeited.
C. The Bid security of other Bidders, whom Owner believes to have a reasonable chance of
receiving the award, may be retained by Owner for a period of 90 days after the Bid opening.
1.8 AFFIDAVIT OF NON -COLLUSION
A. Each Bid must be accompanied by an Affidavit of Non -Collusion, which is included in Form 96,
completely executed, signed, and notarized.
1.9 EXPERIENCE, PLANT AND EQUIPMENT QUESTIONNAIRE, AND FINANCIAL
STATEMENT
A. It is the intent of the Owner not to award the Contract to any Bidder who does not furnish
satisfactory evidence he has the ability and experience in this class of work and that he has
sufficient capital and plant experience to enable him to prosecute the same successfully and to
complete it in the time named in the Bid.
B. To enable the Owner to determine the ability, experience, and capital resources of the Bidder,
each Bidder shall execute completely and accurately in all respects Form 96, "Contractors Bid
For Public Works" as prescribed by the Indiana State Board of Accounts, including Section III of
Part II "Contractor's Financial Statement." Said Form 96 shall be included with the Bid.
1.10 LETTER FROM SURETY
A. When requested in writing by the Owner, the Contractor shall submit within seven (7) days of
the date of the written request, a letter or statement from his surety company that it will
execute and deliver a 100% Performance Bond and a 100% Payment Bond.
1.11 SUBSTITUTE OR "OR EQUAL" ITEMS
A. The Contract, if awarded, will be on the basis of materials and equipment described in the
drawings or specified in the specifications without consideration of possible substitute or "or
equal" items. Whenever it is indicated in the drawings or specified in the specifications that a
substitute or "or equal" item of material or equipment may be furnished or used by Contractor,
if acceptable to Engineer, application for such acceptance will not be considered by Engineer
until after the Agreement is executed.
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1.12 BID FORM
A. All Bids must be submitted upon the Bid Form which will be furnished by the Owner. The form
shall be completely executed and shall give the price bid for each item of work proposed and
shall be signed by the Bidder. The Affidavit of Non -collusion, which is a part of Form 96, must be
completely executed.
B. Bids by corporations must be executed In the corporate name by the president or a vice
president (or other corporate officer accompanied by evidence of authority to sign). The
corporate address must be shown below the signature.
C. Bids by partnerships must be executed in the partnership name and signed by a partner, whose
title must appear under the signature, and the official address of the partnership must be shown
below signature.
D. All names must be typed or printed below the signature.
E. The Bid shall contain an acknowledgement of received Addenda (the numbers of which must be
filled in on Bid Form).
1.13 CONTRACT TIME
A. The Contract Time is specified in the Bid Form, Section 00300.
1.14 SUBMISSION OF BIDS
A. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid
and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if
applicable, the designated portion of the Project for which the Bid is submitted) and name and
address of the Bidder and accompanied by the Bid security and other required documents. If
the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed
in a separate envelope with the notation "BID ENCLOSED" on the face of it.
1.15 MODIFICATION AND WITHDRAWAL OF BIDS
A. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner
that a Bid must be executed) and delivered to the place where Bids are to be submitted at any
time prior to the opening of Bids.
B. If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with
Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that
there was a material and substantial mistake in the preparation of its Bid, that Bidder may
Withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be
disqualified from further bidding on the Work to be provided under the Contract Documents.
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1.16 OPENING OF BIDS
A. Bids will be opened and (unless obviously non -responsive) read aloud publicly. An official
tabulation of the Bids and major alternates (if any) will be made available to Bidders within
seven days after they have been checked and certified by the Engineer.
1.17 BIDS TO REMAIN SUBJECT TO ACCEPTANCE
A. All Bids will remain subject to acceptance for 90 days after the day of the Bid opening. Owner
reserves the right to retain the three lowest bid proposals for a period of not more than 150
days, and said proposals shall remain in full force and effect during said time. Owner may, at its
sole discretion, release any Bid and return the Bid security prior to these dates. Bids shall
remain in full force and effect during said period.
1.18 COMPARISON OF BIDS
A. Bids will be compared on the basis of the Base Bid.
1.19 AWARD OF CONTRACT
A. Owner reserves the right to reject any and all Bids, to waive any and all informalities not
Involving price, time, or changes in the Work and to negotiate contract terms with the Successful
Bidder, and the right to disregard all non -conforming, non -responsive, unbalanced, or
conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes
that it would not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or
falls to meet any other pertinent standard or criteria established by the Owner. Discrepancies in
the multiplication of units of Work and unit prices will be resolved in favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof
will be resolved in favor of the correct sum.
B. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids
comply with the prescribed requirements, and such alternates, unit prices, and other data as
may be requested in the Bid Form or prior to the Notice of Award.
C. Owner will consider the qualifications and experience of Subcontractors, Suppliers, and other
persons and organizations proposed for the Work.
D. Owner also may consider the operating costs, maintenance requirements, performance data,
and guarantees of major items of materials and equipment proposed for incorporation in the
Work.
1.20 LOCAL LICENSING
A. General Contractors and/or Owner Occupants do not have to be licensed in the City of
Richmond. However, they must know and adhere to all building codes and zoning regulations.
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B. The following must be licensed in the City of Richmond:
1. Electrical Contractors
2. Heating & A/C Contractors
1.21 SIGNED AGREEMENT AND CONTRACT SECURITY
A. When the Successful Bidder delivers the executed Agreement to the Owner, it shall be
accompanied by the required Performance Bond and Payment Bond, acceptable to the Owner,
in the amount of 100% of the final accepted Bid price.
B. Three (3) copies of the Agreement, Performance Bond, and Payment Bond, completely
executed, shall be delivered to Owner for his signing. The Owner thereafter shall deliver one
fully signed Agreement to the Successful Contractor.
1.22 FORFEITURE OF BID SECURITY
A. In the event the parry to whom the Contract is awarded shall fail or neglect to execute the
Agreement and furnish satisfactory bonds within 15 days after the Owner has notified him that
the Agreement is ready for execution, the Owner may determine that the Bidder abandoned the
Agreement and thereupon the Bid and acceptance shall be null and void; and the security
accompanying the Bid shall be forfeited to and retained by the Owner as liquidated damages for
such failure and neglect, and to indemnify the Owner for any loss which may be sustained by
failure of the Bidder to execute the Agreement. After the execution of the Agreement and the
acceptance of the bonds by the Owner, the Bid securities, in the form of a check, which have
been retained by the Owner, shall be returned to the respective Bidders.
1.23 PRE -BID CONFERENCE
A. A Pre -bid Conference will be held at the place and time designated in the Advertisement for
Bids. A site tour will be conducted immediately following the conference.
1.24 INSURANCE REQUIREMENTS
A. The Contractor shall furnish all the insurance coverage required under Article 5 of the Standard
General Conditions of the Construction Contract and Supplementary Conditions (Section 00800
of the specifications).
1.25 SUMMARY OF ITEMS TO BE SUBMITTED WITH THE CONTRACTOR'S BID
A. Bid Form - completely executed and signed.
B. Bid Security - acceptable Bidder's bond or certified check in an amount of not less than 5% of the
total Bid price.
C. Form 96 "Contractors Bid for Public Works" - Including Non -Collusion Affidavit, completely
executed, signed, and notarized as prescribed by the Indiana State Board of Accounts, and
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Section III of Part II of Form 96 titled, "Contractor's Financial Statement." This form may be
downloaded in a fill-in protected PDF file at the following link (Set Form Number "Equals" 52414
in the appropriate search boxes): http://www.in.p—ovljcor/webfile/formsdiv/index.html
D. Minority (MBE) and Women's (WBE) business subcontractor listing (last two pages of the Bid
Form, Section 00300) completely executed. If the amount of MBE/WBE involvement identified
is less than the fair share goal listed in Section 00824 of this specification, bidder must document
efforts to achieve the fair share as described in specification Section 00824, and include such
documentation with the bid.
E. The following items are required by the Indiana Brownfield Revolving Loan Fund (RLF) Loan
Program and are also to be submitted with the bid:
1. Minority (MBE) and Women's (WBE) business subcontractor listing (last two pages of the
Bid Form, Section 00300) completely executed. If the amount of MBE/WBE involvement
identified is less than the fair share goal listed in Section 00824 of this specification, bidder
must document efforts to achieve the fair share as described in specification Section
00824, and include such documentation with the bid.
2. Public Works and Indiana Finance Authority— Good Faith Efforts Worksheet (located in
00824 of this specification).
3. Bidder's List (located in 00824 of this specification)
4. Form OEE-1, Certification of Non -Segregated Faciiities-completely executed and signed
(located in 00824 of this specification).
F. Brief statement of the Bidder's design approach and equipment proposed to meet the
Performance -Based Project Requirements (included In Section 00300, Bid Form).
G. Brief statement of experience and qualifications with similar Work, including not more than five
project descriptions for similar Work completed by the Bidder.
END OF SECTION
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SECTION 00300
BID FORM
FORMER CARPENTER MANUFACTURING SITE
REMEDIATION WORK - PHASE 1
To: Board of Public Works and Safety
City of Richmond, Indiana
50 North 5'h Street
Richmond, IN 47374
(765) 983-7211
Pursuant to the published "Advertisement for Bids", the undersigned has investigated the conditions
affecting the cost of the proposed Former Carpenter Manufacturing Site Remediation Work — Phase 1,
and having examined the Site and understanding the requirements set forth in the Contract Documents,
hereby proposes to provide and furnish all labor, materials, tools, equipment and all utility and
transportation services necessary to perform and complete, in a workmanlike manner, all the above
work as required by said Contract Documents, including any and all addenda now on file in the Office of
the Department of Metropolitan Development, 50 North 5a' Street, Richmond, Indiana 47374.
BASE BID
Bidder agrees to perform all of the Work described in the Contract Documents for the following best and
final Prices listed on the Bid Form below.
The unit and lump sum prices shown in the Bid Form below include all labor, materials, bailing, shoring,
removal, overhead, profit, insurance, taxes, and other costs necessary to complete the furnished work of
the several kinds called for. The Bidder is solely responsible to provide sufficient materials, equipment
and effort to complete the work.
The Bidder declares that it understands (a) that the quantities shown for unit price items are
approximate only and are subject to either increases or decreases, (b) that, If the quantities of any of the
items or work are increased, the Bidder proposes to do the additional work at the prices stated herein;
and if such quantities are decreased, the Bidder also understands that payment will be made on the
basis of the actual quantities at the unit price bid and will make no claim for anticipated profits for any
decreases in quantities, and (c) that actual quantities will be determined upon completion of the Work
at which time adjustments will be made to the contract amount by direct increase or decrease.
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BID FORM
FORMER CARPENTER MANUFACTURING SITE
REMEDIATION WORK — PHASE 1
Item
Bid Item Descripdon
Quantity
Unit
Unit Price
Total Price
Preconstruction Activities and
1
1
LS
Mobilization
Feld Engineering, Underground
2
Utility Locating, and Remediation
1
LS
System Layout
Furnish and Utilize Security,
Barricades, and Temporary Fence
3
1
LS
for Public Protection During
Remediation System Construction
Drilling and Installation of HVDPE
4
6
EA
Remediation Wells
Furnish and Install Remediation
5
Well HVDPE Service Lines and
1
LS
Related Interconnections
Furnish and Install Remediation
6
System Equipment, Controls, and
1
LS
Enclosure
Remediation System Startup,
7
1
LS
Shakedown, and Optimization
Construction Demobilization and
8
1
LS
Record Drawings
Monthly Operation and
9
Maintenance of Remediation
24
MO
System
Complete Demobilization and Site
10
1
LS
Restoration at Project Completion
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TOTAL BASE BID
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' Enter additional cost for the required 100% performance and payment bonds for the project as detailed
In Sections 00610, 00615, and 00700 of the Contract Documents. The surety providing the Bonds) must
be on the U.S. Treasury Department's list of approved bonding companies and the EXDC forms C-610
and C-615 with afrrAed corporate seals are the only approved formats.
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BID ITEM MEASUREMENT AND PAYMENT
Item 1— Preconstruction Activities and Mobilization - The lump sum price for this item shall be payment in
full for mobilization of all parts, material, and equipment to the site as well as Contractor -provided utilities
and ongoing related expenses considered normal for administration of the work. Included in this bid item
shall also be the cost associated with up -front permitting and plan preparation including, but not limited to,
obtaining the industrial pretreatment discharge authorization permit, building permit (If any), and
authorization to construct and operate from the Office of Air Management in conformance with Section
01010, and preparation of the site specific health and safety plan in conformance with Sections 02500,
01501, and 01700.
item 2 — Field Engineering. Underground Utility Locating, and Remediation System Layout - The lump sum
price for this item shall be payment in full for all work necessary to verify existing underground utilities,
layout the remediation wells, and the remediation system, and to prepare the Record Drawings in
conformance with Sections 01010 and 01050_ Payment will follow Engineer's approval of the Contractor's
required submittals.
Item 3 — Furnish and Utilize Security. Barricates. and Termporary Fence for Public Protection During
Remediation System Construction — The lump sum price for this item shall be payment in full for all work
necessary to fumish and maintain security of the Contractor's operations and laydown area, as well as
barricades and temporary fence that will be needed to protect the tenants and members of the public who
work at or visit the facility in conformance with Section 01501. Progress payments may begin following
Engineer's approval of the Contractor's protective measures.
Item 4 — Drilling and Installation of HVDPE Remediation Wells — The unit price per well for this item shall be
payment in full for all fumishing and installation of all materials, parts, equipment, and labor to contruct
the HVDPE remediation wells in conformance with Sections D2050, 02521, and 03300. Progress payments
may begin following the completion and Engineer's approval of each HVDPE remediation well.
Item 5 — Fimish and Install Remediation Well HVDPE Service Lines and Related Interconnections — The lump
sum price for this item shall be payment in full for all furnishing and installation of all materials, parts,
equipment, and labor to construct the dual -phase service lines and related interconnections that may be
required by the Contractor's design in conformance with Sections 02050, 02316, 02519, 03300, and 15200.
This item is anticipated to be completed under a single progress payment.
Ism 6 — Fumish and Install Remediation System Equipment. Controls, and Enclosure — The lump sum price
for this item shall be payment in full for all fumishing and Installation of all materials, parts, equipment, and
labor to construct, furnish, deploy, and connect the remedation system equipment with the HVDPE
remediation welts in conformance with Sections 11300, 13120, 15200, 16050,16402, 16"0, 16510. This
item is anticipated to be completed under a single progress payment after the Engineer's approval of the
delivery and installation of an acceptable remediation system.
Item 7 — Remediation System Startum Shakedown, and Optimization - The lump sum price for this item
shall be payment in full for all fumishing and installation of all materials, parts, equipment, and labor to
start, test, and optimize the remediation system operation over the minimum 7-day commissioning period
in conformance with Section 1010 and 01810. This item is anticipated to be completed under a single
progress payment after the Engineer's approval of the commissioning process and Contractor's
commissioning report.
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Item 8 — Construction Demoblization and Record Drawings — The lump sum price for this item shall be
payment in full for all furnishing and installation of materials, parts, equipment, and labor to demobilize all
construction equipment and materials at the conclusion of construction, as well as to provide record
drawings of the remediation system and HVDPE wells in conformance with Sections 01010, 01050, and
01700.
Item 9 — Monthly Operation and Maintenance - The monthly price for this item shall be payent in full for all
furnishing and installation of materials, parts, equipment, labor, electrical power, sanitary sewerage fees,
sampling and analysis of water or vapor as may be required under all permits the Contractor is required to
hold to operate the remediation system, and all other costs for operation and maintenance of the
remediation system in conformance with Sections 01010 and 01830. Monthly progress payments will
follow the Engineer's approval of the monthly O&M report submittals as required.
Item 10 — Site Restoration and Demobilization — The lump sum price for this item shall be payment in full
for final decontamination of all equipment, removal of all temporary facilities (including but not limited to
the remediation system equipment and enclosure), sealing and abandonment of all remediation wells in
accordance with State law, demobilize all equipment and materials from the site, and final restoration of
the site to its original condition in conformance with Sections 01010, 02316, and 02519.
SCHEDULE
The undersigned further agrees to be substantially complete with the furnishing and construction of all
such work within 180 consecutive calendar days from and inducting the date of commencement to be
stipulated in a written "Notice to Proceed" to be issued by the Board of Sanitary Commissioners. All
work shall be completed and ready for final payment within 210 days of the "Notice to Proceed."
ACKNOWLEDGEMENT OF ADDENDA
Bidder acknowledges receipt of the following Addenda:
Bidder shall furnish and operate the following remediation equipment (listed below) and represents that
it shall be capable of meeting the performance -based project requirements:
(attach additional sheets, technical literature, and explanation(s) as
desired or needed to demonstrate the capacity of the proposed remediation equipment).
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1:11111:* 'ii t► U "WIN 0 ;\ 1; U V ► -191;v ► 1
Bidder takes the following exceptions to the prescribed performance -based project requirerment (listed
below), and bases his/her bid on the following alternative performance -based requirements (listed
below) and represented by the bidder to be equally effective or more effective than the prescribed
requirements:
(attach additional sheets, technical literature, and explanation(s) as
desired or needed to demonstrate the effectiveness of Bidder's alternate(s)).
The Bidder shall submit in writing for review and approval of the Owner the names of all subcontractors
proposed for the work. Subcontractors may not be changed, except at the request or with the approval of
the Owner. The bid, as submitted, is based upon the following Subcontractors:
Type of Service Name of Company Telephone Number
00300 - Page 5 o
The undersigned encloses herewith a certified check payable to the City of Richmond, Indiana, or an
acceptable bidder's bond binding the undersigned and surety to the City of Richmond, Indiana, in the
amount of
Dollars ($ )
which amount is not less than five percent (5%) of the BASE BID as set out above, guaranteeing that
the undersigned will enter into Contract for the performance of the work if this Proposal is accepted.
Form 96, "Contractors Bid For Public Works" as prescribed by the Indiana State Board of Accounts,
including Section III of Part 11 "Contractor's Financial Statement" is properly executed and attached
hereto. A Noncoliusion Affidavit, as required by the statutes of the State of Indiana, is properly
executed and included in Part 1 of Form 96.
It is hereby agreed that this Bid shall remain in full force and effect and may not be withdrawn for a
period of 90 days from the date of receiving Bids by the City of Richmond. The Richmond Board of
Public Works and Safety reserves the right to retain the three lowest Bid proposals for a period of not
more than 150 days, and said Bid proposals shall remain in full force and effect during said time.
Bid respectfully submitted by:
Dated:
.2015
(Contractor)
(individual_J(Partnership_J(Corporation_)
By:
Address:
NOTE: The legal status of the Bidder, whether as an individual, partnership, or corporation, must be
indicated above, and all pertinent information as required by the specifications must be furnished.
clw.salaryr no�l�ca�lw�ov+�►AUMC"DOCWM.bPOMmc weaver torments Group,LLc
00300 -Page 6 of 8
CT1Y0FRX3D4=,WL4NA
FORNilatt CARPENTERMANUFACrURING SM
RENIEDIATION WORK -PHASE 1
i ; r t �� f►��: ail
The Bidder shall identify all proposed minority and women's business enterprises that will be
performing work under this Contract as subcontractors or suppliers of goods and/or services.
The Bidder certifies that the following firms or businesses will be awarded subcontracts for the
Indicated portions of the work in the event that the Bidder is awarded the Contract. A Bidder
who falls to provide the required information or whose MBE/WBE participation is less than the
Owner's stated fair share goals and has not provided adequate documentation of positive
efforts in compliance with Federal Contract Provisions (Section 00824 of these specifications)
may be deemed as not responsive and his bid rejected. (If space is inadequate, attach additional
sheets with Identical information.)
Minority & Women's Businesses Listing
Name of Firm:
Type of Work:
Name of Contact Person: Phone(_ )
Address:
Street
Classification: MBE () or WBE () $ Amount
MBE/WBE Eligibility Application Attached?
City State Zip
% of Bid Price
Yes No
Name of Firm: Type of Work:
Name of Contact Person: Phone ( _ )
Address:
Street
City State Zip
Classification: MBE () or WBE () $ Amount
MBE/WBE Eligibility Application Attached?
% of Bid Price
Yes No
xtr w►a,ev►. nw,ian39oa�w+u�►MwMANcMvOOCROVo MFaWDW Weaver consuRantsGroup, LLc
00300 • Page 7 of 8
Name of Firm: Type of Work:
Name of Contact Person: Phone(_ )
Address:
Street City State Zip
Classification: MBE () or WBE () $ Amount
% of Bid Price
MBE/WBE Eligibility Application Attached? Yes No
Name of Firm: Type of Work:
Name of Contact Person: Phone
Address:
Street City State Zip
Classification: MBE () or WBE {) $ Amount
% of Bid Price
MBE/WBE Eligibility Application Attached? Yes No _
Name of Firm:
Type of Work:
Name of Contact Person:
Address:
Street City
Classification: MBE () or WBE () $ Amount
Phone(_ )
State Zip
% of Bid Price
MBE/WBE Eligibility Application Attached? Yes No
Total MBE Amount: $ % of Bid
Total WBE Amount: $ % of Bid
END OF SECTION
titwea►�akxr aaawsra m ►oraolrea .ur000a�aa�ooen asaa Weew coraukants Coup. LLC
00300 -Page 8 of 9
E CDC
EW.MEERS JOIXT OWRACI
OOCUMEMrs CONM11TEE
CONTRACTOR (name and address):
OWNER (name and address):
CONSTRUCTION CONTRACT
Effective Date of the Agreement:
Amount:
Description (name and location):
PERFORMANCE BOND
SURETY (name and address of principal placse of business):
BOND
Bond Number:
Date (not earlier than the Effective Date of dw Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form: None ❑ See Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
(seal)
Contractor's Name and Corporate Sea]
SURETY
Surety's Name and Corporate Seal
By: By:
signature Signature (attach power of a(torney)
Print Name
Title
Print Name
Title
Attest: Attest:
Signature Signature
Title
Title
(seal)
Notes: (1) Provide mental c wcudon by any additlonel parties, such as John venhirers. (2) Any singular reference to
Con actor, Surety, Owner, or other party shall be aonsitiened plural when applicable
EJCDC C•610 - Perfo mace Bond
Published December 2010 by the Mowers Joint Contract Documents Committee.
Page 1 ot3
1. The Contractor and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors, and
assigns to the Owner for the performance of the Construction Contract,
which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety
and the Contractor shall have no obligation under this Bond, except
when applicable to participate in a conference as provided in
Paragraph 3.
3. If there is no Owner Default under the Construction Contract, the
Surety's obligation under this Bond shall arise after:
3.1 The Owner first provides notice to the Contractor and
the Surety that the Owner is considering declaring a Contractor
Default. Such notice shall indicate whether the Owner is
requesting a conferahce among the Owner, Contractor, and Surety
to discuss the Contractor's performance. If the Owner does not
request a confeence, the Surety may, within five (5) business
days after receipt of the Owner's notice, request such a
conference. If the Surety timely requests a conference, the Owner
shall attend. Unless the Owner agrees otherwise, any conference
requested under this Paragraph 3.1 shall be held within ten (10)
business days of the Surety's receipt of the Owner's notice. If the
Owner, the Contractor, and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the Construction
Contract, but such an agreement shall not waive the Owner's
right, if any, subsequently to declare a Contractor Default;
3.2 The Owner declares a Contractor Default, terminates
the Construction Contract and notifies the Surety; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price in accordance with the terms of the Construction
Contract to the Surety or to a contractor selected to perform the
Construction Contract.
4. Failure on the part of the Owner to comply with the notice
requirement in Paragraph 3.1 shall not constitute a failure to comply
with a condition precedent to the Surety's obligations, or release the
Surety from its obligations, except to the extent the Surety
demonstrates actual prejudice.
5. When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
5.1 Arrange for the Contractor, with the consent of the
Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction
Contract itself, through its agents or independent contractors;
5.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contend for
performance ad completion of the Construction Contract,
arrange for a contract to be prepared for execution by the Owner
and a contractor selected with the Owners concurrence, to be
secured with performance and payment bonds executed by a
qualified surety equivalent to the bands issued on the
Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 7 in excess of the Balance of
the Contract Price incurred by the Owner as a result of the
Contractor Default; or
5.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor, and with reasonable
promptness under the circumstances:
5.4.1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to
the Owner; or
5.4.2 Deny liability in whole or in part and notify the
Owner, citing the reasons for denial.
6. If the Surety does not proceed as provided in Paragraph 5 with
reasonable promptness, the Surety shall be deemed to be in default on
this Bond seven days after receipt of an additional written notice from
the Owner to the Surety demanding that the Surety perform its
obligations under this Bond, and the Owner shall be entitled to enforce
any remedy available to the Owner. If the Surety proceeds as provided
in Paragraph 5.4, and the Owner refuses the payment or the Surety has
denied liability, in whole or in part, without further notice the Owner
shall be entitled to enforce any remedy available to the Owner.
7. If the Surety elects to act under Paragraph 5.1. 5.2, or 53, then
the responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than
those of the Owner under the Construction Contract. Subject to the
commitment by the Owner to pay the Balance of the Contract Price,
the Surety is obligated, without duplication for.
7.1 the responsibilities of the Contractor for correction of
defective work and completion of the Construction Contract;
7.2 additional legal, design professional, and delay costs
resulting from the Contractor's Default, and resulting from the
actions or failure to act of the Surety under Paragraph 5; and
7.3 liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages caused by
delayed performance or non-performance of the Contractor.
9. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the
Surety's liability is limited to the amount of this Bond.
9. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or
set off on account of any such unrelated obligations. No right of
action shall accrue on this Bond to any person or entity other than the
Owner or its heirs, executors, administrators, successors, and assigns.
10. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders, and other obligations.
11. Any proceeding, legal or equitable, under this Bond may be
Instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be instituted
within two years after a declaration of Contractor Default or within
E]CDC C-610— Performance Bond
Pablisbed December 2010 by the Engineers Joint Contract Documents Committee.
Page 2 43
two years after the Contractor ceased working or within two years
after the Surety refirses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of this paragraph are
void or prohibited by law, the minimum periods of limitations
available to sureties as a defense In the jurisdiction of the suit shall be
applicable.
12. Notice to the Surety, the Owner, or the Contractor shall be mailed
or delivered to the address shown on the page on which their signature
appears.
13. When this Bond has been fumished to comply with a statutory or
other legal requirement in the location where the construction was to
be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement
shall be deemed incorporated herein. When so furnished, the intent is
that this Bond shall be construed as a statutory bond and not as a
common law bond.
14. Definitions
14.2 Construction Contract: The agreement between the
Owner and Contractor identified on the cover page; including all
Contract Documents and changes made to the agreement and the
Contract Documents.
14.3 Contractor Default: Failure of the Contractor, which has
not been remedied or waived, to perform or otherwise to comply
with a material term of the Construction Contract.
14.4 Owner Default: Failure of the Owner, which has not
been remedied or waived, to pay the Contractor as required under
the Construction Contract or to perform and complete or comply
with the other material term of the Construction tion Contract.
14.5 Contract Documents: All the documents that comprise
the agreement between the Owner and Contractor.
15. If this Bond is issued for an agreement between a contractor and
subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
14.1 Balance of the Contract Price: The total amount payable 16. Modifications to this Bond are as follows:
by the Owner to the Contractor under the Construction Contract
after all proper adjustments have been made including allowance
for the Contractor for any amounts received or to be received by
the Owner in settlement of insurance or other claims for damages
to which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor under the
Construction Cootnact.
EJCDC C-610 — Perforarance Boad
NWMW Dearaber 2910 by the Engineers Mat Contract Nm nme Coamntttee.
Page 3 of 3
EJCDC
E.rGMEeS 016T CONTVXT
OO UMENTS CO\MMUE
CONTRACTOR (name and address):
OWNER (name and address):
CONSTRUCTION CONTRACT
Effective Date of the Agreement:
Amount:
Description (name and location):
PAYMENT BOND
SURETY (name and address of principal place of bustmss):
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement ophe Construction Contract):
Amount:
Modifications to this Bond Form: ❑ None ❑ See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
(seal) (seal)
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
By: By:
Signature Signature (attach power of attorney)
Print Name
Title
Print Name
Title
Attest: Attest:
Signature Signature
Title
Title
Notes: (1) Provide supplemental execution by any additional parties, such as johtt veuturem (2) Any singular reference
to Contractor, Away, Owner, or otker party shag be considered plural wkere applicable:
LK DC C 615, Paymem Bead
PuW Med Dmmber 2010 by ffie Euslaeps Joint Contract Doeumab Comsitlm
Pop 1 of
7. When a Claimant has satisfied the conditions of Paragraph
1. The Contractor and Surety, jointly and severally, bind
S.I or 5.2, whichever is applicable, the Surety shall
themselves, their heirs, executors, administrators,
promptly and at the Surety's expense take the following
successors, and assigns to the Owner to pay for labor,
actions:
materials, and equipment furnished for use in the
performance of the Construction Contract, which is
7.1 Send an answer to the Claimant, with a copy to the
incorporated herein by reference, subject to the following
Owner, within sixty (60) days after receipt of the
teams.
Claim, stating the amounts that are undisputed and
the basis for challenging any amounts that are
2. If the Contractor promptly makes payment of all sums due
disputed: and
to Claimants, and defends, indemnifies, and holds harmless
the Owner from claims, demands, liens, or suits by any
7.2 Pay or arrange for payment of any undisputed
person or entity seeking payment for labor, materials, or
amounts.
equipment furnished for use in the performance of the
Construction Contract, then the Surety and the Contractor
73 The Surety's failure to discharge its obligations
shall have no obligation under this Bond.
under Paragraph 7.1 or 7.2 shall not be deemed to
constitute a waiver a
odefenses the Surety or
3. If there is no Owner Default under the Construction
Contractor may
r y haveacquire as to a Claim,
Contract, the Surety's obligation to the Owner under this
except as to undisputed amounts for which the
Bond shall arise after the Owner has promptly notified the
Surety and Claimant have reached agreement. It
Contractor and the Surety (at the address described in
however, the Surety fails to discharge its
Paragraph 13) of claims, demands, liens, or suits against the
obligations under Paragraph 7.1 or 7.2, the Surety
Owner or the Owner's property by any person or entity
shall indemnify the Claimant for the reasonable
seeking payment for labor, materials, or equipment
attorney's fees the Claimant incurs thereafter to
furnished for use in the performance of the Conduction
recover any sums found to be due and owing to the
Contract, and tendered defense of such claims, demands,
Claimant
liens, or suits to the Contractor and the Surety.
8. The Surety's total obligation shall not exceed the amount of
4. When the Owner has satisfied the conditions in Paragraph
this Bond, plus the amount of reasonable attorney's fees
3, the Surety shall promptly and at the Surety's expense
provided under Paragraph 7.3, and the amount of this Bond
defend, indemnify, and hold harmless the Owner against a
shall be credited for any payments made in good faith by
duly tendered claim, demand, lien, or suit.
the Surety.
5. The Surety's obligations to a Claimant under this Bond
9. Amounts owed by the Owner to the Contractor under the
shall arise after the following:
Construction Contract shall be used for the perfonuance of
the Construction Contract and to satisfy claims, if any,
5.1 Claimants who do not have a direct contract with
under any construction performance bond. By the
the Contractor,
Contractor furnishing and the Owner accepting this Bond,
they agree that all funds earned by the Contractor in the
5.1.1 have furnished a written notice of non-
performance of the Construction Contract are dedicated to
payment to the Contractor, stating with
satisfy obligations of the Contractor and Surety under this
substantial accuracy the amount claimed
Bond, subject to the Owner's priority to use the funds for
and the name of the party to whom the
the completion of the work.
materials were, or equipment was,
furnished or supplied or for whom the
10. The Surety shall not be liable to the Owner, Claimants, or
labor was dare or performed, within ninety
others for obligations of the Contractor that are unrelated to
(90) days after having last performed labor
the Construction Contract. The Owner shall not be liable
or last furnished materials or equipment
for the payment of any costs or expenses of any Claimant
included in the Claire, and
under this Bond, and shall have under this Bond no
obligation to make payments to or give notice on behalf of
5.1.2 have sent a Claim to the Surety (at the
Claimants, or otherwise have any obligations to Claimants
address described in Paragraph 13).
under this Bond.
5.2 Claimants who are employed by or have a direct
11. The Surety hereby waives notice of any change, including
contract with the Contractor have sent a Claim to
changes of time, to the Construction Contract or to related
the Surety (at the address described in Paragraph
subcontracts, purchase orders, and other obligations.
13).
12. No suit or action shall be commenced by a Claimant under
6. If a notice of non-payment required by Paragraph 5.1.1 is
this Bond other than in a court of competent jurisdiction in
given by the Owner to the Contractor, that is sufficient to
the state in which the project that is the subject of the
satisfy a Claimant's obligation to furnish a written notice of
Construction Contract is located or after the expiration of
non-payment under Paragraph 5.1.1.
one year from the date (1) on which the Claimant sent a
Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or
EJCDC C-615, Payment Bond
Pa66shed December 2010 by the Engineers Jobs Contract Documents Committee.
Page 2 of 3
(2) on which the last labor or service was performed by
anyone or the last materials or equipment were furnished
by anyone under the Construction Contract, whichever of
(1) or (2) first occurs. If the provisions of this paragraph
are void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
13. Notice and Claims to the Surety, the Owner, or the
Contractor shall be mailed or delivered to the address
shown on the page on which their signature appears.
Actual receipt of notice or Claims, however accomplished,
shall be sufficient compliance as of the date received.
14. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted berefrom and provisions
conforming to such statutory or other legal requirement
shall be deemed incorporated herein. When so furnished,
the intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
15. Upon requests by any person or entity appearing to be a
potential beneficiary of this Band, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall
permit a copy to be made.
16. Definitions
16.1 Claim: A written statement by the Claimant
including at a minimum:
I. The name of the Claimant;
2. The name of the person for whom the labor
was done, or materials or equipment furnished;
3. A copy of the agreement or purchase order
pursuant to which labor, materials, or
equipment was furnished for use in the
performance of the Construction Contract;
4. A brief description of the labor, materials, or
equipment furnished;
5. The date on which the Claimant last performed
labor or last furnished materials or equipment
for use in the performance of the Construction
Contract;
6. The total amount earned by the Claimant for
labor, materials, or equipment furnished as of
the date of the Claim;
7. The total amount of previous payments
received by the Claimant; and
8. The total amount due and unpaid to the
Claimant for labor, materials, or equipment
furnished as of the date of the Claim.
16.2 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor
of the Contractor to firrnish labor, materials, or
equipment for use in the performance of the
Construction Contract. The term Claimant also
includes any individual or entity that bus rightfully
asserted a claim under an applicable mechanic's
lien or similar statute against the real property upon
which the Project is located. The intent of this Bond
shall be to include without limitation in the tam of
"labor, materials, or equipment" that part of the
water, gas, power, light, heat, oil, gasoline,
telephone service, or rental equipment used in the
Construction Contract, architectural and
engineering services required for performance of
the work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
where the labor, materials, or equipment were
furnished.
16.3 Construction Contract: The agreement between
the Owns' and Contractor identified on the cover
page, including all Contract Documents and all
changes made to the agreement and the Contract
Documents.
16.4 Owner Default: Failure of the Owner, which has
not been remedied or waived, to pay the Contractor
as required under the Construction Contract or to
perform and complete or comply with the other
material terms of the Construction Contract.
16.5 Contract Documents: All the documents that
comprise the agreement between the Owner and
Contractor.
17. If this Bond is issued for an agreement between a
contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term
Owner shall be deemed to be Contractor.
18. Modifications to this Bond are as follows:
EJCDC "M Payueat Bond
PoblbW December 2919 by the 6atiaeers Joiat Contract Doeumests Committee.
Page 3 of 3
specific steps you are taking to achieve the
MBENVBE requirements specified in the terms
and conditions of the Assistance Agreement
7. Name and title of official administrator or
designated reporting official.
S. Signature, month, day, and year report submitted.
D. Instructions for Part 1f:
For each MBENVBE procurement made under this
assistance agreement during the reporting period, provide
the following information:
1. Check whether this procurement was made by
the recipient, sub-recipienUSRF low recipient, or
the prime contractor.
2. Check either the MBE or WBE column. If a firm
is both an MBE and WBE, the recipient may
choose to count the entire procurement towards
EITHER its MBE or WBE accomplishments. The
recipient may also divide the total amount of the
procurement (using any ratio it so chooses) and
count those divided amounts toward its MBE and
WBE accomplishments. If the recipient chooses
to divide the procurement amount and count
portions toward its MBE and WBE
accomplishments, please stabs the appropriate
amounts under the MBE and WBE columns on
the form. The combined MBE and WBE
amounts for that MSEMBE contractor must
not exceed the "Value of the Procurement"
reported in column 03
3. Dollar value of procurement
4. Date of procurement, shown as month, day, year.
Date of procurement is defined as the date the
contract or procurement was awarded, not the
date the contractor received payment under the
awarded contract or procurement, unless
payment occurred on the date of award. (Where
direct purchasing Is the procurement method,
the date of procurement is the date the
purchase was made)
5. Using codes at the bottom of the form, identity
type of product or service acquired through this
procurement (e.g., enter 1 if construction, 2 if
supplies, etc).
6. Name, address, and telephone number of
MBENVBE firm.
—This data is requested to comply with provisions
mandated by: statute or regulations (40 CFR Part 30, 31,
and 33); OMB Circulars; or added by EPA to ensure
sound and effective assistance management. Accurate,
complete data are required to obtain funding, while no
pledge of confidentiality is provided.
The public reporting and recording burden for this
collection of information is estimated to average I hour per
response annually. Burden means the total time, effort,
or financial resources expended by persons to generate,
maintain, retain, or disclosure or provide information to or
for a Federal agency. This includes the time needed to
review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting,
validating, and verifying information, processing and
maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train
personnel to be able to respond to a collection of
information; seam data sources; complete and review
the collection of information; and transmit or otherwise
disclose time information. An agency may not conduct or
sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid
OMB control number.
Send comments on the Agency's need for this
information, the accuracy of the provided burden
estimates, and any suggested methods for minimizing
respondent burden, Including through the use of
automated collection techniques to the Director, OPPE
Regulatory Information Division, U.S. Environmental
Protection Agency (2136). 1200 Pennsylvania Avenue,
NW, Washington, D.C. 20460. Include the OMB Control
number in any correspondence. Do not send the
completed form to this address.
SECTION 00822
WAGE RATES
PART 1 GENERAL
1.1 CONTRACT REQUIREMENTS
A. Any skilled, semiskilled, and unskilled person employed to perform work on the project under this
contract shall be paid not less than the minimum rate of wages specified herein for the
classification which most nearly corresponds to the work to be performed by him, and such
minimum wage rate shall be retroactive to the time of initial employment of such person in such
classification. In the event any dispute on that question cannot be adjusted by the Owner's
Engineer, or its other authorized representative, the question and the information together with
the recommendations of the Owner's Engineer, or its other authorized representative, shall be
referred for determination to the Owner's governing body or other duly designated official whose
decision on the question shall be conclusive on the parties to the contract with the same effect as if
the work performed by such skilled, semi -skilled, and unskilled person had been classified and the
minimum specified herein.
B. The specified wage rates are minimum rates only, and the Owner will not consider any claims for
additional compensation made by the Contractor because of payment by the Contractor of any
wage rate in excess of the applicable rate contained in this contract. All disputes in regard to the
payment of wages in excess of those specified in this contract shall be adjusted by the
Contractor.
C. Except as may be otherwise required by law, all claims and disputes pertaining to the
classification of labor employed on the project under this contract shall be decided by the
Owner's governing body or other duly designated officials.
D. The Contractor shall post at appropriate conspicuous points at the site of the project a schedule
showing the determined wage rates for skilled, semi -skilled, and unskilled person to be engaged
in work on the project under this contract
1.2 WAGE RATES AND CLASSIFICATIONS
A. There shall be paid each skilled, semi -skilled, and unskilled person of the Contractor or
Subcontractor engaged in work on the project under this contract and listed in the Wage Rate
Data Sheet, not less than the hourly wage rate set opposite the same, regardless of any
contractual relationship which may be alleged to exist between the Contractor or any
Subcontractors and such skilled, semi -skilled, and unskilled trades.
1.3 CERTIFIED PAYROLLS
A. Contractor is to submit weekly certified payrolls to the Owner for verification of prevailing wage
scale.
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1.4 DAVIS-BACON REQUIREMENTS
A. This project is funded by funds from the Brownfield Revolving Loan Fund (RLF) Loan program.
The wage scale for this project will be the Davis -Bacon Wage Determination in effect the day of
the bid opening date, issued by the U.S. Department of Labor under the Davis -Bacon Act and
related acts.
B. The wage scale determination contained in this specification is the scale in effect on the date the
project was first advertised for bids. it can be found immediately following this Section.
C. An attempt has been made to issue an addendum containing any revisions to the wage scale
that occurs prior to receiving bids. However, it is the bidder's responsibility to assure that the
correct and current rates are used in computing his bid. The wage determination can be
accessed at http://www.wdol.gov.
END OF SECTION
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