HomeMy Public PortalAbout066-Storm sewer Sheridan StreetAGREEMENT
THIS AGREEMENT made and entered into this b+ t, day of `3-
between the City of Richmond, Indiana, a municipal corporation acting by and throughb y and
s Board of
Sanitation Commissioners (hereinafter referred to as the "City") and Culy Construction &
Excavating, Inc., 610 North 100 East, P.O. Box 29, Winchester, Indiana 47394 (hereinafter referred
to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform certain improvements to a storm sewer located on or near
Sheridan Street and to replace a culvert located on or near Sim Hodgin Parkway.
A certain Bid Specifications, dated May 19, 2004, has been made available for inspection b
Contractor, is on file in the office of the Richmond Sanitary District Office, and is hereby y
incorporated by reference, made a part of this Agreement. Contractor shall perform all work in a
manner conforming with the requirements outlined in the Bid Specifications. Said Bid Specifications
are attached hereto, made a part hereof and marked as "Exhibit A". Contractor's response to said Bid
Specifications dated June 8, 2004, which consists of two 2
incorporated by reference and made a part of this Agreementpages, is attached hereto as "Exhibit B,"
Certain Plans and Specifications specifically detailing the work to be performed are on file in the
Office the Richmond Sanitary District. Such Plans and Specifications are hereby incorporated by
reference and made a part of this Agreement. Contractor shall perform all work in a manner strictly
conforming to said Plans and Specifications. Contractor warrants that it has reviewed, understands,
and is familiar with the previously mentioned Plans and Specifications and that the work performed
will comply with said Plans and Specifications.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for any incidental
to the proper completion of all work specified. Contractor hereby warrants that all work performed
and materials supplied, pursuant to this Agreement, shall be free from defects for a period of no less
than two (2) years following the date of completion of the project.
No work shall commence until the City is in receipt of any required bonds and certificates of
insurance, and until a purchase order has been issued by the Purchasing Department.
All work required by this Agreement shall be completed within sixty (60) days after the
commencement of such work.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of the
City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the
work.
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed One Hundred Ten Thousand One Hundred Forty-
eight Dollars ($110,148.00) for complete and satisfactory performance of the work required
hereunder.
Pagel of 5 CONTRACT 66-2004
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
completion of the project.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part,
for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination, which shall include, but not be limited to, the
following:
a. failure, for any reason of the Contractor to fulfill in a timely and workmanlike manner its
obligations under this Agreement, including but not limited to, all work described in the Bid
Specifications;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in any
material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement is
made; or
C. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work performed
prior to the effective date by Contractor, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by
mutual Agreement setting forth the reasons for such term
partial termination, the portion to be terminated. ination, the effective date, and in the case of
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims which may arise from the Contractor's conduct or performance of this
Agreement, either intentionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which may arise out of or
result from the Contractor's operations under this Agreement, whether such operations by the
Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts the Contractor may be held responsible.
Cov— er Z_ Limits
A. Worker's Compensation &
Disability Requirements Statutory
B. Employer's Liability
$100,000
C. Comprehensive General Liability
Section 1. Bodily Injury
$300,000 each occurrence
$300,000 aggregate
Section 2. Property Damage
$100,000 each occurrence
Page 2 of 5
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
E. Comprehensive Umbrella Liability
$300,000 each person
$300,000 each occurrence
$100,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability which may arise in the course of Contractor's performance of its
obligations pursuant to this Agreement.
SECTION VIII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on
behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement, with respect
to hire, tenure, terms, conditions or privileges of employment or any matter directly or
indirectly related to employment, because of race, religion, color, sex, disability, national
origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
That in the hiring of employees for the performance of work under this Agreement of
any subcontract hereunder, Contractor, any subcontractor, or any person acting on
behalf of Contractor or any sub -contractor, shall not discriminate by reason of race,
religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or
any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City under
this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
Page 3 of 5
day during which such person was discriminated against or intimidated in violation
of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City 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 Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION IX. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its
rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and void.
This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding
upon the parties, their successors and assigns. This document constitutes the entire Agreement
between the parties, relating to the subject matter herein, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties. By executing this Agreement the parties agree that this document
supersedes any previous discussion, negotiation, or conversation relating to the subject matter
contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction and venue of the courts of Wayne County, Indiana, and any
suit arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action
in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other
than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may
have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has been
duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement.
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the
day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitation Commissioners
President
Date: rl
APPROVED:
S rah L. Hutton, Mayor
Date:
Page 5 of 5
"CONTRACTOR"
CULY CONSTRUCTION & EXCAVATING,
INC. .
Title: Pql�76T /ii 41 65
Date:
ITEMIZED PROPOSAL
SHERIDAN STREET STORM DRAINAGE IMPROVEMENTS
SIM HODGIN PARKWAY CULVERT REPLACEMENTS
RICHMOND, INDIANA
DESCRIPTION
QTY
UNIT
UNIT PRICE
EXTENSION
1
MOBILIZATION/DEMOBILIZATION
2
CLEARING AND GRUBBING
1
Ls
$1785.on
$
6,785.00
3
STRUCTURE BACKFILL
1
LS
$1880.00
$
1,880.00
4
PLOWABLE MORTAR
200
CYS
$ 26.00
$
—
5,200,00
5
COMPACTED AGGREGATE, NO.
4
CYS
$ 205.00
$
820.00
6
53, BASE
COMPACTED AGGREGATE, NO.
40
TON
$ 32.00
$
1,280.00
7
53
-
HMA PATCHING, A -
10
TON
$ 32.00
$
320.00
8
PIPE, TYPE 2, CIRCULAR, 30 IN.
1
LS
$ 4600.00
$_
4,600.00
9
PIPE END SECTION, PRECAST CONCRETE 30
74
LFT
$ 194.Op
$
14,356.00
10
IN.
PIPE, TYPE 2, CIRCULAR, 60 IN.
1
EACH
$2670.70
$
2,670.70
11
CONCRETE, A
116
LFT
$ 239.00.
$
27, 724.00
12
REINFORCING STEEL
9.2
CYS
$ 934.00
$
8,592.80
13
PIPE, TYPE 2, CIRCULAR, 18 IN.
687
LBS
$ 6.00
$
4,122.00
14
INLET, A, MODIFIED
8
LFT
$ 267.00
$_
2__00
15
MANHOLE, J, MODIFIED
1
EACH
$3400.00
$
3,400.00
16
MULCHED SEEDING, R
1
EACH
$4960.00
$
4,960.00
17
RIPRAP, REVETMENT
365
SYS
$ 4.00
$
1,460.00
18
RIPRAP, CLASS 2
194
TON
$ 33.00,
$
6,402.00
19
GEOTEXTILES
245
TON
$ 39.00
$
9,555.00
20
TEMPORARY CHECK DAM, REVETMENT RIPRAP
475
SYS
$ 3.50
$
1,662.50
21
TEMPORARY SILT FENCE
21
TON
$ 54.00
$
1,134.00
272
LFT
$ 4.00
$
1, 088 . on
NOTE: Bidder Must Warrant all work for a period of two (2) years
following completion and acceptance by the City of Richmond
Total Of Bidders Extended Prices $ 110, 148 .00
06/08/2004-
Date _ _
EXHIBIT" RAGE SQIf �t—j
One hundred ten thousand, one hundred forty eight and N0/100 dollars
(WRITTEN BID)
DATE: June 8, 2004
COMPANY;
Culy Const/ruction & Excavate Inc.
BY: i6i� ' 7��
-L Kevin
Cook F
TELEPHONE: (765) 584-850
NOTE:
BIDDER MUST WARRANT ALL WORK FOR A PERIOD OF TWO (2) YEARS
FOLLOWING COMPLETION AND ACCEPTANCE BY RICHMOND SANITARY
DISTRICT.
TOTAL OF BIDDERS EXTENDED PRICES $ 11.0 ,148.00
THE PREFORMANCE TIME FOR THIS PROJECT IS SIXTY - CALENDAR
DAYS FROM THE DATE, OF THE NOTICE TO PROCEED.
THE PROJECT MUST BE FINISED RV a TTrTTQ-r , -TH
EXHIBIT PAGE pE 2.
Hod
CITY OF RICHMOND
INDIANA
INVITATION
TO
BID
I
FOR
RICHMOND SANITARY DISTRICT
IfHIBIT —OF
INDEX
INVITATION TO BID
Form 96 (Revised 2000) See Attached Form
Notice to Bidders 2 Pages
Invitation for Bid 1 Page
Proposal Sheet 2 Pages
STANDARD TERMS AND CONDITIONS
Definition
Departments
A.1
Bidder & Contractor
A.2
Estimated Quantities
A.3
Addenda
A.4
Bidding Documents
A.5
Substitutions
B.
Demonstrations/Samples
B 2
Data Privacy
B.3
Bidding Procedures
BA
Bid Security
C.1
Submission of Bids
C 2
Bidder's Representation
C.3
Modification or Withdrawal of Bid
CA
Delivery of Goods
C.5
Consideration of Bids
C.6
Rejection/Acceptance of Bids
D.1
Bid Award
D 2
Warranties, Guarantees & Maintenance
D.3
Contract Documents
DA
Indemnification
E.I
Workers Compensation Insurance
F.1
Payments
F 2
Method of Invoicing
G.1
Damages for Delays
G 2
G.3
Specifications and Plans
EXHIBIT PAGE.aqOI=�3
NOTICE TO BIDDERS
BOARD OF SANITARY COMMISSIONERS
RICHMOND, INDIANA
Notice is hereby given that seale4bids will be received by the Board of Sanitary
Commissioners of the Sanitary District of Richmond, Indiana at their office at the
Administration Building, 2380 Liberty Avenue on Tuesday, June 8th, 2004, at
10:30 A.M. furnishing the following in accordance with specifications on file at the
Richmond Sanitary District, 2380 Liberty Ave, Richmond, Indiana.
Sim Hodgin Parkway Culvert Replacements and Sheridan Street Storm Drainage
Improvements Project
All bids shall be on bid forms prescribed by Indiana State Board of Accounts, signed as a
bid and as a non -collusion affidavit.
Bids shall be awarded to the lowest responsive and responsible bidder.
Bids shall include delivery to Sanitary District at 2380 Liberty Avenue, Richmond,
Indiana. All bids shall be typewritten. Any bidder who elects to deviate from any of the
MINIMUM SPECIFICATIONS shall describe such deviation on a separate sheet attached
to the Bid Form. The description shall be typewritten. Any bid submitted late will not be
accepted.
All proposals shall be accompanied by an acceptable Bid Bond or Certified Check made
payable to the Richmond Sanitary District in the amount of 5% of the total bid price.
The Board of Sanitary Commissioners of the City of Richmond, Indiana, reserves the
right to reject any and all bids, parts of bids, and re -advertise for the same and to waive
informalities, or errors in bidding.
Bidder will be required to comply with all applicable Equal Employment Opportunity
laws and regulations, including Section 504 of the Rehabilitation Act of 1983.
The Contractor to whom work is awarded shall be required to furnish a Performance
Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the
contract price, and they shall be acceptable to the City of Richmond, Indiana, Sanitary
District.
No bidder may withdraw his proposal within a period of 90 days following the date set
for receiving bids. The City of Richmond Sanitary District reserves the right to retain the
three lowest bid proposals for a period of not more than 90 days, and said proposal shall
remain in full force and effect during said time.
EXHIBIT-9—PAGE 01=.723
The City of Richmond Sanitary District further reserves the right to waive informalities
and to award the contract to the lowest and most responsive bidder, all to the advantage
of the City of Richmond Sanitary District, or to reject all proposals.
A Pre -Bid Conference will be held in Richmond, Indiana at 9:30AM (local time) on
Wednesday, May 261h, 2004, at the Richmond Sanitary District Administration Building
Conference Room, 2380 Liberty Avenue.
The contract documents, including Plans and Specifications are on file in the Office of
the Sanitary District, 2380 Liberty Avenue, Richmond, Indiana.
Bids will be opened at the meeting of the Board of Sanitary Commissioners at the hour of
10:30 A.M. on the day of Tuesday, June 81h, 2004, at their office at the Administration
Building, 2380 Liberty Avenue, Richmond, Indiana.
Any questions from bidders should be directed to Bob Wiwi; District Engineer, at
(765) 983-7477.
BOARD OF SANITARY COMMISSIONERS
William Thomas
Rodney Phenis
Charles Greene
Publish Dates: May 17th & 20, 2004
EXHIBIT, PAGE q -Of,2,3
INVITATION FOR BID
This invitation is issued to establish a contract to supply the City of Richmond with a commodity
or service in accordance with accompanying specifications.
Specification For: Sim Hodgin Parkway Culvert Replacements and Sheridan Street Storm
Drainage Improvements Project
Submit Bids Before
10:30 a.m. on Day of Bid Opening to: Board of SanitaryConunissioners
Richmond Sanitary District
Administration Buildin
2380 Liberty Avenue
Richmond, IN 47374
Bid Opening: Time: 10:30 a.m.
Date: June 8t', 2004
Location of Bid Opening:
Richmond Sanitary District
Administration Building
2380 Liberty Avenue
Richmond, IN 47374
Bid Bond: 5% (See Section C.2)
Performance Bond: 100%
(See Section C.2)
Labor & Materials Payment Bond: 100%
(See Section C.2)
- Maintenance Bond: 100% 12 .Months See Section C.2)
Insurance/Workman's Compensation: YES
(See Section B.1.4
& F.2.1)
Common Constructions Wages: I NO
Bid Form Included: FORM 96(Revised 2000)
Schedule of Values: YES
EXHIBIT PAGE .5 OEM
Sim Hodgin Parkway Culvert Replacements and Sheridan Street Storm
Drainage Improvements Project
PROPOSAL SHEET
ITEM
NO.
DESCRIPTION
QT
Y
UNIT UNIT PRICE TOTAL
1
MOBILIZATION/DEMOBILIZATION
1
LS
2
CLEARING AND GRUBBING
1
LS
3
STRUCTURE BACKFILL
240 CYS
4
FLOWABLE MORTAR
4
CYS
5
COMPACTED AGGREGATE, NO. 53,
BASE
40
TON
6
COMPACTED AGGREGATE, NO. 53
10
TON
7
HMA PATCHING, A
1
SYS
8
PIPE, TYPE 2, CIRCULAR, 30 IN.
69
LFT
9
PIPE END SECTION, PRECAST
CONCRETE 30 IN.
1
EACH
10
PIPE, TYPE 2, CIRCULAR, 60 IN.
116
LFT
11
CONCRETE, A
9.2
CYS
12
REINFORCING STEEL
687
LBS
13
PIPE, TYPE 2, CIRCULAR, 18 IN.
25
LFT
14
INLET, A MODIFIED
2
EACH
95
MANHOLE, J, MODIFIED
1
EACH
16
MULCHED SEEDING, R
304
SYS
17 ,
RIPRAP, REVETMENT
125
TON
18
RIPRAP, CLASS 2
184
TON
19 '
GEOTEXTILES
355
SYS
20
TEMPORARY CHECK DAM,
REVETMENT RIPRAP
21
TON
21
TEMPORARY SILT FENCE
270
LFT
TOTAL DUE: $
EXHIBIT -A- PAGE -U-0f22.
NOTE.
BIDDER MUST WARRANT ALL WORK FOR A PERIOD OF TWO (2) YEARS
FOLLOWING COMPLETION AND ACCEPTANCE BY RICHMOND SANITARY
DISTRICT.
TOTAL OF BIDDERS EXTENDED PRICES $
THE PREFORMANCE TIME FOR THIS PROJECT IS SIXTY(60) CALENDAR
DAYS FROM THE DATE OF THE NOTICE TO PROCEED.
THE PROJECT MUST BE FINISED BY AUGUST 13TH2004.
EXHIBIT � PAGE ZoF,,23
STANDARD TERNIS & CONDITIONS
ARTICLE A
INSTRUCTION TO BIDDERS
A.1 DEMUTION.
A 11 City of Richmond
A 1.2 The City is in Wayne County, a political subdivision of the State of Indiana.
A- 2 DEPART&IEN .
A.. 2.1 The following are the departments that are under .Richmond Cade 4.1.02 (h)
Central Purchasing. Paris and Recreation, Police, FQe, Sanitary District d
& Solid Waste), Clerk, Attorney, Controller, Purchasing, Wig,
and all other City Government units such as Street, Roseview Tra
�ort nsit, and the
A. 3 BIDDER AND CONTRACTOR:
A. 3.1 A bidder is a person or entity who submits a bid.
A 3.2 The contractor is the person or entity who enters into a contract with the. City of
Richmond to furnish goods or services. _
A-4 ES IN ATiID QiU N nMS:
A. 4.1 If fine quantity set forth in'the hivitation to Bid and Proposal is-approfciznate and
represents the estimated requirements of the City for a specified period of time,
the unit price and the extended total price thereof shall be used only as a basis
for the evaluation of bids. The actual quantity of materials necessary.'may be
more or less ats" the estimate , but the City shall neither be obligated nor
limited to any -specific amount. The city wail,, if at all possible, restrict increases
to 20%of the estimated quantity and will, if at all pcssfl)le, restrict decreases to
20% of the estimated quantity.
A-5 ADDENDA:
A. 5.1 An addendum is a written ins-t .,=ent issued by the City of Ric±1mond prior to
the date for receipt of bids which modify or interpret the bidding documents by
addition, deletions, clarifications or corrections.
A. 5.2 Addenda will be mailed or delivered to all who are known by the Controllers
Office to have received a complete set -of bidding_dac .
A. 5.3 Copies of addenda will be made available for inspection in the Contro lei s
Office.
EXHIBIT _LL PAGE.
J
A 5_4 No addendum will be issued later than -;arty,-eight( 4$ hours prior to the date
and time for receipt of bids except an addendum withdrawing the t for
bids or one which includes postponement of the date of receipt.of bids,
A 5.5� Each bidder shall ascertain prior to. submitting his bid that he has received all
addenda issued, and he shall acknowiedge their receipt on the proposal of this
bid.
EXHIBIT�.PAGE�OF 3
ARnCLE B
INSTRUCTIONS TO BIDDERS
B.1 BIDDING DOCUMENTS
B.1.1 Bidders shall promptly notify the Controller of any ambi
error which they may discover upon qm�y, inconsistency or
p examination of the bidding documents,
B. 12 Bidders desiring clarification or mterpretation of the bidding dose
ents shall
make a written request which shall reach the Controller's at least seven ( days
prior to the date and time for receipt of bids.
B. 1.3 Interpretations, cozTecdons, and changes to the bidding . do
made by addendum. Interpretations and changes made in any oany o� will n
other manner
will not be binding and bidders shall not rely upon such, interpretations
corrections and changes. _ ,
B. 1.4 Insofar as Worker's Compensation is concerned, the bidder or contractor agrees
to furnish an official certificate or receipt of the Industrial
Indiana, showingthat he has Commission Of
es
paid into the Slate Insiaan� Fund the necessary .
premitmhs, whenever such. certificates are r
(Section IC 22-3-2-14 will apply).
the Invitation for Bid.
.
B: L3 All coninion construction wage requirement. (IC 3-16-7-1) W-PH apply when
applicable in the bid. Should common construction wage be required, the City
--wM attach that schedule to the bid package
B-2 SUBSTTTU-nONS
B. 2.1 The materials, products' and Equipment descrbed ih the bidding documents
ents
establish a standard of type, function, and quality e met to b
substitution. by any Proposal
B. 2.2 Unless the particular specification prohibits substitutions -bidders are
encouraged to propose materials, products or equipment of comparable type,
function and quality.
B. 23 Bids for substitute items stall be stated the appropriate blank or if the bid
foam does not contain blanks for substitutions , bidders shaII attach to the bid
an company letbexhead a statement of the n-antdaciurer and brand name of
each proposed substitution plus a complete description of the item including
descriptive literature, illustrations, performance and test data and any
ulforniatwn necessary for an evaluation. The burden of proof of the merit of
the proposed substitution is upon the bidder Failure to comply could be
grounds for rejection.
EXHIBIT -A PAGE �.OFI�2-
B.3 DEi ONS-,r ATToN/SAMPLES
B. 3.1 If required by the thy, the bidders shall demonstrate the exact nocie?(s)
proposed within severe (7) calendar days from receipt of request from the City.
B. 3.2 Demonstration should be in the City, designated by Controller.
B.13 If bidder does not have a model in the Richmond area, it
Will be at the bidder's
cost to send appropriate City- perscrinel-to the nearest location to view
proposed Am*sj
B. 3.4 If items being bid are small and mailable and bidder is bidding other than
specified, the bidder must supply a sample of the item proposed.
B. 35 Sample must be supplied on or before the bid opening date.
B. 3.6 Samples supplied as requested will be returned at bidder's
of goods. of after receipt
B. 4 DATA PRIVACY
B. 4.1 Contractor agrees to abide by all applicable local, state and federal laws and
regulations concerning the handling and disclosure of private and confidential
information concerning individuals and corporations as to inventions, patents,
and patent rights. Then contractor agrees to hold the City of Richmond
harmless from any Claims resultng from the contractor's unlawful disclasure or
use of private or confidential information.
B. 4 2 All laws-. of the United States of America, the State of Indiana and City of.
- Richmond are applicable part iiiereof_ fib the products or'services covered herein, are made a
-
EXHIBIT A- PAGE _LLOf_3 .
ARTICLE C
ZZIRUCTIONS TO -BIDDERS
C1 BIDDING PROCEDURE
C 1.1 Bids shall be submitted an forms and proposal sheets included
documents. included the bidding
C 1.2 Appropriate blanks on the foam shall be filled in by manually,
by typing the requested information. printing in ink or
C L3 Any imterlineation, alteration or erasure shall be ' y the
bid -initialed bsigner of the
C. 1.4 Bidders shall not change the bid for
m.nar make additional s
bid foam. If a bidder wishes to amplify r b • a ao� on the
additional mformation is attached shall be made at the ate, Cement that
bid form and the am or PPreP�� place on the
Plug qualifying in%azuation on the bidder's
letterheads be attached -to the bid. foam The City of Richmond . accept
Or relect . lified or qualified bids.
C 15 In case of discrepancy between the unit prices rues and the extended figures, the
unit price shall govern unless otherwise provided elsewhere in the
spe ifiicatians, the paces of the bidder shall remain firm throughout the contract
period and in any contract extension pad,
C 1.5 ..:
- _ C. ___ __...__ _ Each copy of the bid.shalt be signed by tine person or erscans .
. .. � . m bind the bidder to a contract. A bid
p legaBy authori�
submitted by ur agent-shc uld have a
current power of attorney attached certifying the -agates authority to bind the
bidder.
C 1.7 Bidder to submit bid in triplicate.
C2 BID SEcuRrTy-
C21 if so stipulated in the invitation for bids, each bid shall be accompanied by a
certified"checkc, cashier's check or bid bond executed by a surety authorized to
do business in State of Indiana in the amount speafied and made payable to the
City of Richmumd pledging that the bidder will alter into a contract with the
city an tears stated inbis bid and will, if required, furnish bonds as destsmed
in the invitation to bid governing the faithful performance of the contract and
the payment of all obligations arising. Sid the bidder refuse to enter into
such a contract or fail to fuauish such bonds if required, the amount of the bid
security shall be forfeited to the City of Richmond as liquidated damages, not as
s
Penalty.
EXHIBIT _$__ PAGE -LLQF20-
C 2? The City of Ric&nonri shall have the right to retain the bid security, of bidders
to whom an award is being camidered until either (a) the cones lies been
executed and bonds,.if required; have been finished,, or(b) the specified time
has elapsed so that the bids may be withdrawn, .or (c) all bids have been
rejected-
C3 SUBMbSaION OF BIDS
C 3.1 The bidder shall assume full ressponslbility for finely delivery at the location
designated for receipt of bids. Late bids will not be considered.
C 3.2 Oral, telephone or telegraphic bids are invalid and will not receive
consideration.
C4 BIDDER'S REPRESENTATION
C. 4.1 Each bidder by making his bid represents that the bidder has read and,
understood the bidding documents and his bid has been made in accordance
therein.
C. 4.2 Each bidder for services further represents that the bidder has fami3iar�
himself with the local conditions under which the work is to be done and has
correlated his observations with the requirements of the bidding docsmmeats_
C. 4.3- - Each bidder agrees that he will not discr i mate a - gamsi.any employee. or - ...-
apphi ant for employment because of race, color, religious creed, ancestry,
- _ physical hazidicap,. sex .or.political affiliation, and. that he WM take a-ffirxnative
action to insure that applicants are employed 'and that employees are treated' -
during employment without regard to race, color, religious creed, physical
handicap, ancestry, sex or political affiliation.
C. a a Each bidder shall be responsible for complying with any applicable affirmative
action laws.
C_5 MODIRCAnON OR -WITHDRAWAL OF BID
C 5.1 A bid may not be modified, withdrawn or canceled by the bidder following the
time and date designated for receipt of bids and each bidder so agrees in
submitting his bid.
C. 5.2 Prior to the time and date designated for receipt of bids, any bid stub ttad may
- be modified or withdrawn by notice to the Controller at the place designated
for receipt of bids.
C. 5.3 Withdrawn bids may be resubmitted up to the time designated for the of
y are en
bids provided that the then full in conformance receipt
Y with these instructic¢ts to
bidders.
EXHIBIT -A- PAGE .,(_
C.6 DELIVERY OF GOODS
C.6.1 All delivered goods are to be FOB Richmond, IN, unless other
ezvvise stated in the
C.6.2 The City reserves Eire right to inspect and have an goods tested y go after delivery
for compliance with the specifications. Notice of latent defects, which would
make the items unfit for the purposes for which fihep are, maybe given
at any time within one (1) year after discovery of the defects.
C.63 All items rejected must be removed immediately
expense and risk of the contractor. If the the contractor
at the
contractor fails or refuses to remove
the refected items, they maybe soldbythe City and the proceeds used to cover
all related expense incurred the
C_6.4 In some cases, at the discretion of the City, inspection of the c
equipment will be made at the fact ommodities or
factory, plant, or other establishments where
are produced before shipment.
C 6.5 The above provisions snail not be constructed in limitation of any rights the
City may have under any laws mciuding the Uniform Commercial- Code.
C.6.6 If applicable, State written approval is required before the release of any
Bonds or payments wM be made to contractor.
EXHIBIT.g_.. PAGE�OF?.,
ARTICLED
INSTRUCTIONS TO BIDDERS
D.1 CONSIDERATION OF BIDS
D 1.1 The properly identified bids which have been received on time will be opened
publicly and will be read aloud. The bids are available for inspection after all
bids have been read aloud.
D2 RETECTION/ACCEPTANCE OF BIDS
D. 21 The City of Richmond shall have the right to accept or reject any and all bids.
The City of Richmond shall reject any bid not accompanied by the required bid
security, and shall reject: bids that are incomplete or unsigned.
D. 22 The City of Richmond shall reject all bids from bidders where there has been
collusion between the bidders.
D.3 BID AWARD
It is the intent of the City of Richmond to award a contract to the lowest
responsible and responsive bidder meeting specifimfims provided. the bid .has
_been submitted in accordance with the regLn' _ rris of the bidding documents.
_.:.._ The City shall have the right to waive any informality or i rreeularity in any..
bids) received, to accept or reject the bid(s) which in. its judgment is in its own
best interest; and to soiicit,new bids privately and to award to the best bid so-
received-
D. 3.2 Award wBI be based on the follo
wing (where applicable):
I. Adherence to all conditions and requirements of the bid specifications.
2 Total bid price (including any discounts), unit bid price or extended Deice.
3. General reputation and experienm of bidders. +
4. Hourly rates for specified personnel,
5. Evaluation of the bidder's ability to service the City.
6. Financial respcmubility of the bidder.
7. Prior knowledge of an experience with the bidder in terms of past
perfortnance
B. Needs and requirements of the City.
9. ExpeXie„Ce with the products mvoived.
10. Nature and extent of company data furrdshe i upon request of the City-.
11. Quantity of merchandise.
I2 Product appearmice, workmanship, finish, taste, feel and results of any
product testing .
EXHIBIT p PAGE J=�!_Of93
D.3.2 (con't)
13. Overall completeness of product line offered.
I4 Locality in relation to the City, where prompt service may be required.
15. Bidder's ability to meet delivery and stoclang requT, ements.
16. Delivery date
17. Maintenance cost and warranty provisions.
18. Repurchase, trade-in or residual value.
D. 3.3 Unless otherwise -indicated in the invitation for bids, -the City, reserves the right
to award the contract in whole or in part, by item, by group of items or by
section wheresuch action serves the best interest of the City.
D. 3.4 Bids submitted on an "all or none" basis or similar basis will be evaluated
against the total of the low bids for the individual items_
DA WARRA. gTMS, GUARANijjES -AND XIAINT.ENANCE
D. 4.1
A copy of the manufacturer's warranties and/or guarantees for the items bid
must accompany vendor's bid. A copy of your company's.warraInties and /or
guarantees for the _4e*ns bidding also must accompany vendor's bid.
As a mirimi1m re--T-mrem.ent of the. .Cit ,J the vendor will also
writing, that any defective com forents discovered within a• saran#e a it
following the date of Y� Period
equipment acceptance shall be replaced by tthe vendor at
no cost to the City.
D. 4.3 Replacement parts of defective components shall be shipped to the City of
Richmond at no cost to the City. If defective parts are required to be retained
to.the vendor, the shipping costs shall be borne by the vendor.
EXHIBIT - PAGE OfA.3
ARTICLE E
NSTRUC71ONS TO BIDDERS
GENERAL CONDITIONS OF THE CONTRACT
E.1 CONTRACT DOCUMENT
E 1.1 Nothing in the contract documents shall create any contractual relationship
between the City and the contractor's employees, subcontractors and their
agents and employees and any other parties f =Mshmg goods and services to
the contractor and their agents and employees.
E.1.2 The contract documents consist of the .invitation for bids, in_ struc f=js
bidders, contractor's bid form with attachments, if an to .
conditions of file contract (general,. supplementary y ��� contract,
and odwx conditions) the
specifications, all addenda issued prior to receipt of the bids and all
modifications issued after execution of the contract_ A modification is (a) a
written or supplement to the contract signed by both parties or (b) purchase
release issued by the City or (c) change order.
The contract documents form the contract This contract represents the entire
and integrated agreement between parties hereto and supersedes all prior
negotiations, representations or agreements, either written or oral
The issue of a purchase order that is in accordance with the specifications
-- -----.representa.a contract- Should vendor find =--haseorde�.to_be.inco=ec4 said.....
vendor must notify Controller within four 24 ours of - -
date ttvenfy ) H( pie order
- EXHIBIT � PAGE ���`31
ARTICLE F
INSTRUCTIONS TO BIDDERS
IlVDFAINMCATION, INSURANCE, AND PROTECTION OF LIVES AND pROpERTY
F.l INDFli agIECATION
F. 1.1 The contractor shall ideranify and hold harmless the City of Richmond and its
officers and employees from and against all chums, dat ages, losses, expenses,
including but not limited to attorney's fees, arising out of or resulting from the
performance of the contract, provided that any such claim, damage, loss or
expense (a) is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than goods, materials and
equipment furnished under this contract) including the loss of use resulting
therefrom, and (b) is caused in whole or in part by any negligent act or
ornission of the contractor, any subcontractor, or anyone directly employed by
any of them or anyone for whole acts any of them may be liable, regardless of
whether or not it is caused m part by a party indemnified hereunder.
F. 1.2 In any and all claims against the City or any of It officers or employees by any
employee of the contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable,
fate indemrif c�t'm obligation under this Paragraph Q 1 shall not be limited in
any way by any limitation of the amount or type of damages, compensation of
be^efita:pa;or anysvbon.or under Wr s.._
or workmen's compensation acts, disability benefit acts or other employee
benefit acts. _
F2 WORKER'S COMPENSATION ZZIM.ANCE
F. 2.1 For contracts involving performance of work pursuant to the provisions of
Indiana Code IC 22-3-2-14 (a) bidders are required to furnish a cert9fv'c�ate from
the Indiana Worker's Board showing that such bidder has complied with IC 22-
3 2--5, 22-3-5-1 and IC 22-3-5 2.
F3 INSURANCE
F. 3.1 The Contractor shall, as prerequisite to this Agreement, purchase and thereafter
manitam. such insurance as wM protect bum from the claims set forth below
which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any Sub-
contractors or by anyone who directly or indirectly employed by any of them,
or by anyone for whose acts any of them may be liable
EXHIBIT - PAGE 8' OFF
F. 3.1 (can't)
COVERAGE
T .iMit
A.
Worker's Compensation &
Statutory
Disability Requirements _
B.
Employer's Liability
100,000
C.
Comprehensive General
Liability
-,
Section 1. Bodily Injury
300,000 each
occurrence
300,000 each
aggregate
Section 2 Property Damage
100,000 each
occurrence
100,000 each
aggregate
D.
Comprehensive Auto Liability
Section 1. Bodily iiltury
30(y, each
pesson
300,000 each
occurrence
E.
Comprehensive Umbrella
1,000,000 each
LiabiIty
occurrence
1,000,000 each
aggregate
EXHIBITS PAGE.Of3
ARTICLE G
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS OF THE CONTRACT
G.1 PAYMENTS
G. 1.1 The City is not subject to federal excise taxes. Federal Tax Exemption Re��. stry
Number is 35-6001174.
G. 1.2 The City is not subject to the Indiana sales and use taxes on the purchase of
goods and other materials. -Where the contract includes the combi r mtic, of
labor and material, the contractor shall pay the Indiana sales and use taxes an
the materials only.
G_2 METHOD OF INVOICING FOR PAyNfENT
G. 21 No contract w l be off tidal for services or materials unless a purchase order has
been issued.
Contractor shall bill the City: (a) on regular invoice form giving a complete and
detailed description of tine goods delivered, in purchase order number;
and (b) if the contractor allows a cash discount, the period of time in which the
City must make payment to qualify fur discounts shall be computed from the
date the City received the invoice (completely filled out), or the date the
go
are delivered and accepted, whichever may be later, and shall be for not less __..._ t=`'tan ddi (30 - da acid c -i£ morn gran tine shipm
't9 t ) Ys- () eezi: is made inuier-the-..:..
contract, the City will make partial payments on a basis that is agreeable to both
parties. .
G. 23 Payments under this contract will be made in the manner provided by law for
payments of claims against the City.
G. 24 No payment will be made for production overruns in excess of the quantity
ordered by the City (unless with nor g� �' p written approval).
G. 25 No payment small constitute an acceptanceof any goods or services not in
accordance with the requirements of the contract
G. 26 Schedule of values may be used in contractual work City will so designate if
applicable. (See Invitation for Bid Page 1.)
EXHIBIT -A -PAGE 0 0F;,3 I
G.3 DAIuA.GES FOR DELAYED DELIVERY AND/OR CONTRACTUAL SERVICBS
G. 3.1 In the event delivery
of cO=pieted item or items bid and/or una
contractual completion date is delayed beY brtdel's ccomp�ed
of �mamd will assess certam daana o I specked date, the City
apply in all cases excLt the finIiowin g f: It _ /daY• .Certain
of contract shaIl be necessarilyg the event delivery and/or c will
goveazment controls, or because a side, Cori, plet�
the ces
cony of the c by reason cf any other cause of ar�mstan
extended by, number o f day the time t cmn le ' delivery shall beb�ond
a n days to bed p tiOn of deiiv
agT�t between the Ci of in each instaxe by mutual
daaza ty IZicimiond and the contra uld
ges assessed, the C�, will have the �' �o there be
Payment to be made to c right deduct the damages frnm the
- nntractor.
EXHIBIT A PAGE �pP�3
ENVIRONMENTAL PERMITS
The Standard Specifications are revised as follows:
SECTION 107, AFTER LINE 87, INSERT AS FOLLOWS:
The project has qualified for an IDEM Section 401 Water
U S my Corps of Engineers Regional General Permit in Indiana he Certification under the
form has been submitted to IDEM, with a co to the aPPropriate notification
PY Army Corps of Engineers District Office_
The Contractor shall perform all work in accordance with the terms and conditio
ORegional General Permit Program, including all U.S. Army Corps of Engineers and Indiana.
ns of the
epartment of Environmental Mannagement conditions.
The Contractor shall not commence
work on the project until he understands and is familiar w
the Regional General Permit program work
the limitations and restrictions of
The ProJect requires a permit for Construction in a Floodway from the Indiana
Department of Natural Resources. The City of Richmond.has applied for the Construction in a
Floodway pert The application is currently being reviewed by the Indiana
Natural Resources No work on the Department of
Approved by the Indiana D PrOJ� shall be performed until the permit application is
Department of Natural Resources.
Upon receipt from the Indiana
.IDepartment of Natural Resources, the City of Richmond
Will provide the contractor a
shall perform all work in accordance with the terms and and conditiontion in a s of the Permit �e C°ntFactor
-`Etoodway Permit issued by the Indiana f the Construction a
not commence work on the Department n Natural Resources. The-Contracter_sho
PmJcet until he understands and is familiar with the limitations aril.
restrictions of the Construction in a Floodway Permit.
EN VI RONMTNTAL RESTRICTIONS
The Standard Specifications are revised as _follows:
SECTION 107, AFTER LINE 504, INSERT AS FOLLOWS:
107.14.2 Envi
the ronmental Restrictions The work shall be performed in accordance with
environmental restrictions shown below.
(a) Tree Habitat All trees outside the construction limits shall not be
(b) Fish Spawning. If the contract documents or any environmental
construct the project, contains an in -channel excavation restriction due to im t required to
spawning, the Contractor may request a waiver of a portion of the restriction period by meansupon fio
written contact to the Indiana Department- of Natural Resources Division of Fish and Wildlife
�ronmentai Supervisor. Such request shall be made not more than 2 w _ eeks prior to
EXHI8IT� pgGE 22 p��
anticipated in -channel "work during the restriction period shown above. The expected response
time from the Indiana Department of Natural Resources will be approximately
Indiana Department of Natural Resources will consider each waivn acase by case basis.
The information and criteria shown below shall be provided with the waiver request.
Location of the project, including stream name, route number or road name
Indiana Department of Natural Resources Certification of A
Construction in a Floodway, docket number, and descriRtion of the�val of
work. Proposed
2. Amount of time required to do the work, and the dates
The amount of time requested to be waived.
work �' shall be reasonable to accomplish the proposed
3. The amount of in -channel area proposed to be disturbed by the work.
Disturbance across the full width of the stream may
unpacts than disturbance of smaller portions of the stream. result m more
negative
4. Water level at the time of the request.
5. Approximate water temperature at the time of the request.
6. The substrate of the stream bottom at the
site, and 100 d do projectsite, 100 Yd upstream of the
beneficial for spawning ar
Y dam of the site: A bedrock substrate is not necessarily
eas. However, sil
readily usable. Spawning locations which d, or small gravel is more
p are downstream of the project may
more likely be impacted by disturbances than such locations which are
upstream. Sediments may cover eggs.
A waiver of a portion of the in -channel excavation restriction will be cause for the City of
Richmond to adjust contract completion time accordingly
made by the City of Richmond. Such approval will not
occur
until
the contract val Of e waiver
le time
adjustment is agreed upon. P e