116th_Street_and_Hoover_Road_Roundabout_Construction.pdf

CITY OF CARMEL

PROJECT MANUAL

116th Street and Hoover Road Roundabout

Construction

Project No. 22-ENG-03

HAMILTON COUNTY, INDIANA

City of Carmel Engineering

One Civic Square

Carmel, Indiana 46032

Office: (317) 571 - 2441

Sunday, January 11, 2026

TABLE OF CONTENTS

1. NOTICE TO BIDDERS

2. INSTRUCTIONS TO BIDDERS

3. STANDARD GENERAL CONDITIONS

4. SUPPLEMENTARY CONDITIONS

5. TECHNICAL SPECIFICATIONS

6. BIDDER'S ITEMIZED PROPOSAL

7. BIDDER SUBMISSIONS

8. ATTACHMENTS

Attachments:

A - 22-ENG-03 FINAL_CONSTRUCTION_PLANS

B - 22-ENG-03 FT Technical Specifications

C - 22-ENG-03_Utility Workplans

D - 22-ENG-03_Permits

E - MANUFACTURERS LIST

F - SUBCONTRACTORS LIST

G - MAINTENANCE BOND

H - PAYMENT BOND

I - PERFORMANCE BOND

J - SAMPLE AGREEMENT

K - NON COLLUSION AFFIDAVIT

L - FIELD ORDER

M - WORK DIRECTIVE CHANGE

N - REQUEST FOR PROPOSAL CHANGE

O - CONTRACT CHANGE REQUEST

P - CONTRACT CHANGE ORDER

Q - RIGHT OF ENTRY

R - EXHIBIT D E-VERIFY

S - SAMPLE OF MOU FOR E-VERIFY

T - SCREENSHOT INSTRUCTIONS - FOR BIDS

NOTICE TO BIDDERS

Department: Board of Public Works and Safety

One Civic Square

City of Carmel, Indiana 46032

Project: 116th Street and Hoover Road Roundabout Construction

22-ENG-03

Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana, will receive sealed bids for the above-described “116th Street and Hoover Road Roundabout

Construction” via the City’s e-Procurement Portal, https://procurement.opengov.com/portal/carmelin, until 9:00 am on Wednesday, February 4, 2026 and commencing as soon as practicable thereafter on the same date such bids will be publicly opened and read aloud in the Council Chambers of City Hall. No late bids will be accepted.

All bids and proposals shall be properly and completely executed on the proposal forms provided with the plans and specifications, which will include the non-collusion affidavit as required by the State of Indiana.

A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be submitted with each bid. A one hundred percent (100%) performance and payment bond will also be required of the successful bidder. It is intended that actual construction of all work divisions shall be started as soon as practicable, and each bidder shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to the bidder.

The Project consists of, but is not necessarily limited to, the following:

This project consists of constructing a single lane roundabout at the intersection of 116th Street & Hoover Road.

This includes HMA pavement, curb and gutter, a shared-use path, an enclosed storm sewer system, lighting, landscaping, water main relocation, and raised crosswalks.

Contract Documents and drawings for the Project can be found in this solicitation and the attachments section.

Bidders shall assure that they have obtained complete sets of drawings and Contract Documents and shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of drawings and

Contract Documents.

This Project will be funded by the City of Carmel.

A Non-Mandatory pre-bid conference for discussions of the Project, the bidding requirements and other important matters will be held on Thursday, January 22, 2026 at 2:00 pm at Caucus Room, One Civic Sq, Carmel, IN 46032 and offered virtually. Virtual meeting instructions available on the City's e-Procurement

Portal. Microsoft Teams Meeting ID: 272 047 242 545 31 Passcode: SE36Pm2e https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2IxNDRjNGEtNDdmMy00ODQ2LWJhOGYtNzI4YTM0YjliY2Ri%40thread.v2/0?cont ext=%7b%22Tid%22%3a%2229565137-14ea-4fb1-b008-e8c62d90aa44%22%2c%22Oid%22%3a%227b600425-2b23-4cb4-8135-b3b16ec4f5ff%22%7d. All prospective bidders are invited to attend the pre-bid conference. The pre-bid conference is Non-Mandatory.

https://procurement.opengov.com/portal/carmelin

For accommodations needed by persons with disabilities planning to attend the pre-bid conference or public bid opening meeting, please call or notify the City of Carmel,Engineering, at (317) 571-2400 at least forty-eight

(48) hours prior thereto.

No bidder may withdraw any bid or proposal within a period of sixty (60) days following the date set for receiving bids or proposals. The Carmel Board of Public Works and Safety reserves the right to hold any or all bids or proposals for a period of not more than sixty (60) days and said bids or proposal shall remain in full force and effect during said period. The City of Carmel reserves the right to reject and/or cancel any and all bids, solicitations and/or offers in whole or in part as specified in the solicitations when it is not in the best interests of the governmental body as determined by the purchasing agency in accordance with IC 36-1-12.

Contract will be awarded to the lowest and responsive and responsible bidder.

INSTRUCTIONS TO BIDDERS

OWNER: City of Carmel by and through its

Board of Public Works and Safety

Owner's Representative: Neil VanTrees, PE

One Civic Square

Carmel, IN 46032

Designed By: American Structurepoint, Inc.

1. GENERAL

A. Submission of a Bid shall constitute an unconditional Agreement and acknowledgment by the Bidder to be bound by all terms and conditions set forth herein and in any of the Documents assembled or referred to in the bound Project Manual of which these Instructions To Bidders are a part.

B. Sample forms are included in the Project Manual to acquaint Bidders with the form and provisions of various Bid Documents and other Documentation required by the Contract Documents to be executed, completed and submitted by some or all Bidders, either as part of a Bid Submission or after the Bid

Date. Such sample forms are not to be detached from the Project Manual, or filled out or executed.

Separate copies of such forms and any other required Documentation prescribed by the Contract

Documents have been or will be furnished separately by the OWNER and must be obtained directly from the City’s portal at https://procurement.opengov.com/portal/carmelin.

C. Instructions and requirements printed on any sample form included in the Project Manual or any form not so included but required to be completed, signed or furnished by a Bidder as part of a Bid

Submission or after receipt and opening of Bids shall be deemed requirements established by these

Instructions To Bidders to the same extent as if fully restated herein.

D. All communications for the administration of the Contract shall be as set forth in the General Conditions and, in general, shall be through the City of Carmel, Engineering.

E. The Pricing Table Section is to be completed for the Project Bid. The construction completion time is shown in Technical Specifications COMPLETION DATES AND LIQUIDATED DAMAGES Section and is as follows:

Project Start Date: 8/31/2026

Final Project Completion Date: Substantial Completion - 11/16/2026 Final

Completion - 5/1/2027 See Technical

Specifications

2. DEFINITIONS

The following definitions shall apply to these Instructions To Bidders (ITB):

A. Bidder - Any person or entity who submits a Bid.

B. Bid - A written proposal submitted by a Bidder as part of the form prescribed herein offering to perform and complete the Work and to fulfill all other requirements of the Contract Documents for one or more specified prices.

C. Bid Documents - All Documents and completed forms required to be submitted by a Bidder with and as integral parts of a Bid Submission, whether or not included as sample forms assembled in the Project

Manual of which these Instructions To Bidders are a part. Such Bid Documents are listed and more fully described in ITB Section 5.3 hereof.

D. Bid Date - The date when Bids are to be received, opened and publicly read aloud as established by the

Notice To Bidders as may be modified by Addenda.

E. Bid Submission - All Documents presented by a Bidder for receipt and opening on the Bid Date.

F. Contract Documents - The Agreement and any exhibits thereto (sometimes referred to as “Contract”), Addenda (which pertain to the Contract Documents), Instructions to Bidders, Advertisement, Notice to

Bidders, Contractor’s Bid (including Documentation accompanying the Bid and any post-Bid

Documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the Standard

General Conditions, the Additional Requirements Section, any supplemental conditions, the

Specifications and the Drawings as the same are more specifically identified in the Agreement.

G. ENGINEER - The City of Carmel, acting by and through its Board of Public Works and Safety.

H. OWNER - The City of Carmel acting by and through its Board of Public Works and Safety and the

Engineering.

I. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the

Contract Documents.

J. Project Manual - The bound set of Documents, sample forms, and Contract Documents (excluding plans and Addenda) approved by the OWNER for the Work and/or Project described in the Notice To Bidders and of which these Instructions To Bidders are a part.

K. Standard General Conditions - City of Carmel Standard General Conditions for Construction Contracts, 1997.

L. Work - The entire construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work is the result and product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

M. Portal - The City's eProcurement portal, OpenGov, located at https://procurement.opengov.com/portal/carmelin.

In all other respects, terms used herein shall have the meanings as stated in the Standard General Conditions or other Contract Documents.

3. EXAMINATION OF SITE AND DOCUMENTS

A. Before the Bid Date, all Bidders shall carefully and thoroughly examine and inspect the entire site of the proposed Work and adjacent premises and the various means of approach and access thereto by means of a site inspection visit, and make all necessary investigations to inform themselves thoroughly as to the facilities necessary for delivering, placing and operating the necessary construction equipment, and for delivering and handling materials at the site, and shall inform themselves thoroughly as to any and all actual or potential difficulties, hindrances, delays and constraints involved in the commencement, prosecution and completion of the proposed Work in accordance with the requirements of the Contract

Documents.

B. It shall be the sole responsibility of Bidders to make borings, test pits and to conduct such other investigations at or near the site of the proposed Work as they deem necessary to determine the character, location and amount of materials to be encountered or other subsurface conditions which could affect the manner, cost or time required to perform the Work.

C. Bidders shall carefully and thoroughly examine the plans, specifications and other Contract Documents and/or Project Manual as available on the portal and shall assume the full risk of their own judgments as to the nature, quality and amount of the whole of the Work to be done, and for the price Bid must assume all risk of any and all variances or errors in any computation or statement of amounts or quantities necessary to complete the Work in strict compliance with the Contract Documents.

D. Elevations of the existing ground surface or structures at the site of the Work as shown on the plans are believed to be reasonably correct, but are not guaranteed to be absolutely so and are presented only as an approximation. Bidders shall satisfy themselves as to the correctness of all elevations.

E. Information stated or depicted on plans concerning the location, dimensions, depth and other characteristics of underground structures and utilities is given only as general information and shall not be construed or relied upon by Bidders as a representation or assurance that such structures or utilities will be found or encountered as plotted, or that such information is complete or accurate. Bidders, therefore, shall satisfy themselves by such means as they may deem proper as to the location of all structures and utilities that may be encountered in construction of the Work and shall bear the risk of the number, type, location, dimensions and depth of all structures and utilities thus encountered.

4. CLARIFICATIONS AND ADDENDA

A. If a Bidder finds conflicts, errors, discrepancies or ambiguities in the Contract Documents or any sample form, or if the Bidder is in doubt as to the intended meaning of any portion or provision therein, the

Bidder shall at once give written notice thereof to the OWNER’s Representative, at least seven (7) consecutive calendar days prior to the Bid Date. No Bidder shall be allowed any extra compensation or time extension by reason of any conflict, error, discrepancy or ambiguity of which the Bidder had actual knowledge or reasonably should have known and which he/she failed to report within the period and in the manner required by these Instructions To Bidders.

B. No material changes, clarifications or interpretations of the Contract Documents will be issued except by written or graphic Addenda issued to the portal to project followers not less than three (3) calendar days prior to the Bid Date. The OWNER will not be responsible for or bound by any oral or written interpretations or clarifications of the Contract Documents which anyone presumes to make on its behalf, except by an Addendum issued in accordance with this Section. Should revisions to the solicitation documents become necessary, the City will issue an Addendum via the portal. The portal will send an automated email notification to all Respondents on the Followers list. Addenda information will be available to view and acknowledge via the portal. It is the sole responsibility of the Respondent to ensure that they obtain information related to any Addenda, and acknowledge any and all Addenda electronically in the portal as part of their Response. Failure to do so will result in rejection of the

Response and a determination as “Non-Responsive.”

5. BID SUBMISSION

A. All Bid Documents shall be submitted to the portal. All Bid Documents as herein prescribed must be submitted with, and as integral parts of, each Bid Submission and shall be subject to all requirements of the Contract Documents, including drawings and these Instructions To Bidders. Bid Documents must be properly filled in and completed in every material respect and without interlineations, excisions, special conditions, qualifications or exceptions. Each Bid Document requiring a signature shall be signed by an individual duly authorized to execute such Document on Bidder’s behalf. A Bid executed by a corporation, joint venture, or other entity with an assumed name shall have the legal and correct name thereof followed by the word “by” and the signature and title of the officer or other person authorized to sign for it and a corporate resolution or similar document authorizing such officer to bind the entity.

B. The Bid Documents to be thus submitted by each Bidder shall consist of both of the following:

1. Bidder’s Itemized Proposal and Declarations. The Bidder’s proposal and declarations must be included in the sections below.

2. Bid Security in the form of a Bid Bond or Certified Check in an amount not less than ten percent

(10%) of the Bid price. Such Bid Security shall serve as security to insure the execution of the

Agreement and the furnishing of other required Documents by the successful Bidder, including

Performance and Payment Bonds. A sample Bid Bond form is included in the Project Manual and such form, or such other form as may be approved in advance by OWNER, shall be utilized if such a bond is furnished as Bid Security. A Bid Bond shall be executed by a surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds,” as published in the U.S. Treasury Department Circular No. 570; the Bidder shall also furnish as part of the Bid

Submission a signed power of attorney establishing the authority of the person executing such Bid

Bond on behalf of the surety. Bid Security shall be held until the Contract is executed with the successful Bidder. In the event that all Bids are rejected, the Bid Security of all Bidders will be returned upon request. No “Annual” Bid bonds, cash deposits or cashiers’ checks will be accepted.

C. Bids may be unsubmitted via the portal prior to the time fixed for opening of Bids. No Bid may be withdrawn after opening of Bids has commenced except after expiration of such period following the

Bid Date as is specifically provided in the Notice to Bidders or as otherwise governed by law, plus any extension thereof as provided elsewhere in these Instructions To Bidders.

D. Bids will be received up to the time specified in the Notice to Bidders. Bids are unable to be submitted after the specified time.

6. POST-BID REQUIREMENTS

Within three (3) business days of notification by OWNER, the apparent lowest responsive Bidder will be required to submit additional Documents and satisfy additional requirements as conditions to such Bidder being found by the OWNER to be a responsible Bidder, as follows:

A. Proof of Insurability. The Bidder shall furnish: (1) proof of insurance showing existing coverage in accordance with the terms and amounts stated in the General Conditions, or (2) a letter or statement certifying that, in the event that the Bid is awarded by the OWNER, an insurance company will provide the required coverage to the Bidder submitting the Bid. Such proof of insurance or the letter/statement shall be issued by a financially responsible insurance company authorized to do business in the State of

Indiana.

B. Surety Letter of Intent. The Bidder shall furnish a written statement or letter from a Surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds”, as published in U.S.

Treasury Department Circular No. 570 which assures the OWNER that, in the event the Bid is accepted and a Contract is awarded by OWNER, said Surety will execute and deliver both a Performance Bond and Payment Bond as required by the Contract Documents.

C. Joint Venture Agreement. If the Bidder is a joint venture, partnership or other combination of two or more persons or entities, the Bidder shall submit a copy of the joint venture or other Agreement by which such joint venture, partnership or other association has been formed, executed by all such participating persons or entities. If the Bid is signed by less than all parties that comprise the Bidder, suitable written evidence of the authority of such signing party to bind all such parties must also be furnished.

D. Manufacturers List. The Bidder shall submit a completed Manufacturers list on the form provided in the

Attachments.

E. Subcontractors List. The Bidder shall submit a completed Subcontractors list on the form provided in the

Attachments.

7. BID EVALUATION AND AWARD

A. Award of the Contract will be made to the lowest, most responsive and most responsible Bidder where the Bid is reasonable and does not exceed the funds available for the Project. The OWNER reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other irregularities in Bid Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders.

B. The OWNER shall have the right to reject any Bid if investigation of the Bidder fails to satisfy the

OWNER that such Bidder is properly qualified to carry out the obligations and complete the Work. Any or all Bids will be rejected if there is reason to believe that collusion exists among Bidders.

C. For Contract Items and Unit Price, estimated quantities and unit prices will serve as the basis for determining the proposed price of each Bid. Patent math errors in statements of Unit Prices or Totals may be corrected by the OWNER or ENGINEER, in which case the corrected amounts will be used for the purpose of Bid evaluation, comparison and other award considerations. However, neither the

OWNER nor the ENGINEER shall be required to discover or correct any error or omission in a Bid and the Bidder shall assume the risk of and be bound to the consequences of any such error or omission.

D. The OWNER may, at its sole option, award the Contract to a Bidder on a conditional basis to afford the

Bidder additional time and opportunity to submit required Documents or to fulfill other requirements. In such case, the OWNER will furnish to the Bidder a notice of conditional award which will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be satisfied. If the Bidder fails to satisfy the conditions in the manner and within the time specified in such notice, the OWNER may declare such Bidder to be non-responsive and award the Contract, conditionally or unconditionally, to another Bidder. Time limitations governing the

OWNER’s award of the Contract shall be extended for such additional period as may be required to effectuate the conditional award procedure set forth in this sub-section, and no Bid may be withdrawn during such period of extension.

8. CONTRACT EXECUTION; SUBMITTALS

A. Within three (3) business days after the award notice, the successful Bidder shall sign and deliver at least five (5) counterparts of the Agreement, utilizing the form thereof included in the Project Manual and make delivery thereof to the OWNER, along with other Documents as prescribed by the Contract

Documents. After execution and delivery of the Agreement and other required Documents, and acceptance thereof by the OWNER, the Bid Security furnished by each Bidder will be returned to the respective Bidders upon request.

B. If the Bidder fails or neglects to execute and deliver the Agreement and other required Documents as prescribed by the preceding sub-section, the Bidder shall be deemed to have repudiated the Contract and thereupon the award shall be null and void; and the Bid Security provided by the Bidder shall be forfeited to and retained by the OWNER as liquidated damages for such failure of the Bidder to execute the Contract, it being understood and agreed that the character and amount of actual damages sustained by the OWNER cannot reliably be ascertained and measured and that the amount of the Bid Security is intended as a reasonable prospective estimate of such actual damages.

C. Concurrently with the execution and delivery of the Agreement to the OWNER, or within such other period as the OWNER may prescribe, the successful Bidder (CONTRACTOR) shall submit the following as conditions to the Bidder’s right to proceed with and receive payment for any Work:

1. A complete list of all Subcontractors to be used on the Work;

2. A one hundred percent (100%) Performance Bond, a one hundred percent (100%) Payment Bond and a ten percent (10%) Maintenance Bond as prescribed by the General Conditions or other

Contract Documents. Such bonds shall be executed utilizing the sample forms included in the

Project Manual or alternative forms approved in advance by the OWNER. Indemnification clauses between successful Bidder and the Surety shall not be binding upon the OWNER;

3. The preliminary schedules required by Paragraph 2.7 of the Standard General Conditions;

4. A schedule of wages to be paid by the Bidder and his/her Subcontractors to laborers for the Work;

and

5. Other post-Bid submittals required by the Contract Documents.

9. LIQUIDATED DAMAGES

A. The Contract Documents provide for the payment of liquidated damages in the event of unexcused failure by the CONTRACTOR to complete the Work within the time required by the Contract

Documents.

B. The per diem rate(s) of liquidated damages established by the preceding sub-section have been determined and are intended as reasonable prospective estimate(s) of the type and amount of actual damages which the OWNER may sustain in the event of such delay(s). Submission of a Bid shall constitute an unconditional acknowledgment and Agreement by the Bidder that such liquidated damages are fair and reasonable and do not and will not constitute a penalty, and that such liquidated damages may be assessed and recovered by the OWNER as against the successful Bidder and its Surety in lieu of actual damages for delayed completion.

10. ADDITIONAL REQUIREMENTS

In the attachments are sample forms proposed to be used for the issuance of change orders, field orders, and work directive changes. Procedure for the development, submittal and processing of these forms will be discussed during the pre-construction conference.

STANDARD GENERAL CONDITIONS

1. ABBREVIATIONS AND DEFINITIONS

1.1 Abbreviations: The following abbreviations have the following meanings:

AA - Aluminum Association

AASHTO - American Association of State Highway & Transportation Officials

ACI - American Concrete Institute

AFBMA - Anti Friction Bearing Manufacturers Association

AGA - American Gas Association

AGMA - American Gear Manufacturers Association

AHDGA - American Hot Dip Galvanizer Association

AISC - American Institute for Steel Construction

AISI - American Iron and Steel Institute

ANSI - American National Standards Institute

ARI - American Refrigeration Institute

ASCE - American Society of Civil Engineers

ASHRAE - American Society of Heating, Refrigeration & Air Conditioning Engineers

ASME - American Society of Mechanical Engineers

ASTM - American Society of Testing and Materials

AWPI - American Wood Preservers Institute

AWS - American Welding Society

AWWA - American Water Works Association

CBRI - Copper and Brass Research Institute

CS - Commercial Standard (U.S. Department of Commerce)

FTI - Facing Title Institute Fed. Spec.

FS - Federal Specification (U.S.)

IEEE - Institute of Electrical and Electronic Engineers

IPCEA - Insulated Power Cable Engineers Association

MSS - Manufacturers Standardization Society of the Valve and Fitting Industry

NCMA - National Concrete Masonry Association

NEC - National Electric Code (U.S.)

NEMA - National Electrical Manufacturers Association

NFPA - National Fire Protection Association

NPC - National Plumbing Code

PS - United States Product Standards

SAE - Society of Automotive Engineers

SCPI - Structural Clay Products Institute

UL - Underwriters Laboratories

1.2 Definitions: Wherever used and not otherwise defined in these General Conditions or in other Contract

Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Addenda/Addendum - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bid Documents or the Contract Documents.

Agreement - The written Agreement between Owner and Contractor covering the Work to be performed; other

Contract Documents are attached to the Agreement or incorporated by reference into and made a part thereof as provided therein sometimes referred to as the “Contract”.

Application for Payment - The form prescribed or approved by Owner and accepted by the Architect/Engineer which is to be used by Contractor in requesting progress or final payments and which is to include an approved schedule of values and/or such other supporting documentation as is required by the Contract Documents, including Affidavit and Waiver of Liens.

Architect or Architect/Engineer - The person or other entity designated as Engineer by the Contract Documents.

Bid Documents - Documents required to be submitted with the Bid.

Bids - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

Bonds - Bid, Performance, Payment and Maintenance Bonds and other instruments of suretyship. The term shall include letters of credit as applicable.

Change Order - A document issued on or after the Effective Date of the Agreement, recommended by the

Engineer, which is signed by Contractor and Owner and which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time.

Contract Documents - The Agreement and any exhibits thereto, Addenda (which pertain to the Contract

Documents), Instructions to Bidders, Notice to Bidders, Contractor’s Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award), when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, the General Conditions, the Additional

Requirements Section, any Supplemental Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Amendments, Modifications, and Supplements, Change Order, Work Change Directives, Field Orders and Engineer’s written interpretations and clarifications issued pursuant to Sections 3.4 and 3.5 on or after the Effective Date of the Agreement.

Contract Price - The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement.

Contract Time - The number of days or the date stated in the Agreement for the completion of the Work.

Contractor - The person, firm or corporation with whom Owner has entered into the Agreement.

Defective - An adjective which when modifying the word Work refers to Work that is (i) unsatisfactory, faulty or deficient, in that it does not strictly conform to the requirements of the Contract Documents, (ii) does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract

Documents, or (iii) has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Sections 13.10 or 13.12).

Drawings - The drawings which show the character, scope and extent of the Work to be furnished and performed by Contractor and which have been prepared or approved by Engineer and are referred to in the

Contract Documents.

Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign.

Engineer - The person, firm or corporation named, employed or designated as such by the Owner to act as such and designated to observe the Work, acting directly or through duly authorized representatives.

Engineer's Consultant -A person, firm or corporation having a contract with Engineer to furnish services as

Engineer's independent professional associate or consultant with respect to the Project and who is identified as such in the Special Conditions.

Field Order - A written order issued by Engineer or Owner which orders minor changes in the Work in accordance with Section 8.5 but which does not involve a change in the Contract Price or the Contract Time.

Furnish - Purchase and deliver to the work site. When used in connection with the terms "Work” or services, the term shall also mean perform.

Install - Incorporate into the Work equipment and materials furnished by others or the Contractor.

Laws and/or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, administrative actions and/or orders of any court or governmental agency or unit having jurisdiction over the Work.

Liens - Liens, charges, security interests or encumbrances upon real property or personal property.

Milestone -A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

Notice of Award - The written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement.

Notice to Proceed - A written notice given by Owner to Contractor (with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents.

Owner - The City of Carmel, Indiana, acting by and through the agency or Department designated in the

Agreement or other documents issued in solicitation of Bids; and such term shall also include the Project

Manager or other duly appointed representative of such agency or department but shall not include Engineer.

Partial Utilization - The placement of a portion of the Work in service, or beneficial occupancy and use thereof, for the purpose for which it is intended (or a related purpose) before Substantial Completion of all the Work.

Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents.

Provide - Furnish and install.

Resident Project Representative - The authorized representative of Engineer who is assigned to the site or any part thereof.

Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Contractor, to illustrate some portion of the Work and all illustrations, diagrams and other information prepared by a Supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work.

Special Conditions -The part of the Contract Documents which amends or supplements these General

Conditions based on Project or Work specific requirements.

Specifications - Those portions of the Contract Documents consisting of written general or technical descriptions of materials, equipment, construction systems, standards, quality, quantity and workmanship as applied to the Work, including the performance thereof, and certain administrative details applicable thereto.

Subcontractor - An individual, firm or corporation having a direct contract with Contractor or with any other

Subcontractor for the performance of a part of the Work at the site.

Substantial Completion - The stage of construction where, in the opinion of Owner, the Work (or specified portion thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be occupied, placed into service or otherwise utilized by Owner for the purpose for which it was intended. Substantial Completion may be evidenced by a certificate thereof issued by the Engineer and signed by the Owner.

Supplier -A manufacturer, fabricator, supplier. distributor, materialman or vendor having a direct contract with

Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by

Contractor or any Subcontractor.

Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or structures, and any encasements containing such facilities, which have been installed at or below the surface of the ground for the purpose of furnishing, storing, removing or transmitting electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, computer signals or data, sewage, drainage, traffic or other control systems, or water.

Unit Price Work - Work to be paid for on the basis of unit prices established by the Contract Documents or by

Change Order as an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a scope of work as described in the Bidding Documents.

Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work includes and is the result and product of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents.

Work Change Directive - A written directive to Contractor, issued on or after the Effective Date of the

Agreement and signed by Owner, making any change in the Work within the general scope of the Contract

Documents, including but not limited to changes (i) In the Specifications (including drawings and designs), (ii)

In the time, method or manner of performance of Work, (iii) in facilities, equipment, materials, services or site, and (iv) directing acceleration in the performance of the Work. A Work Change Directive will not by itself change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order.

Written Amendment - A written amendment of the Contract Documents, signed by Owner and Contractor on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents.

2. PRELIMINARY MATTERS

2.1 Delivery of Bonds. When Contractor delivers the executed Agreement to Owner, Contractor shall also deliver to Owner such Bonds as Contractor may be required to furnish in accordance with Article 5.

2.2 Delivery of Insurance. When Contractor delivers the executed Agreement to Owner, Contractor also shall deliver to Owner, with a copy to Engineer, certificates of Insurance (and other evidence thereof as requested by

Owner) which Contractor is required to purchase and maintain in accordance with Article 5, and Owner shall deliver to Contractor certificates (and other evidence of insurance requested by Contractor) which, is required to purchase and maintain in accordance with Article 5.

2.3 Copies of Documents. Unless otherwise specified, Owner shall furnish to Contractor five (5) copies of the

Contract Documents, or as many copies as are available from the printings made for bidding purposes and as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction.

2.4 Commencement of Contract Times Notice to Proceed. Subsequent to or concurrently with the execution of the Agreement, Owner shall give Contractor a written Notice to Proceed specifying the date on which

Contractor shall commence the Work. The date designated in the Notice to Proceed shall be the date on which the Contract Time will commence to run.

2.5 Starting the Work. Contractor shall start to perform the Work on the date designated In the Notice to

Proceed, but no Work shall be done at the site prior to the date of the Notice to Proceed.

2.6 Before Starting Construction. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures, standards, quantities, materials, field measurements, access, and other requirements or conditions affecting the work, Contractor shall promptly report in writing to Engineer any conflict, error, discrepancy or other adverse condition or circumstance which

Contractor may discover, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. Contractor shall assume all risks and bear all costs associated with any conflicts, errors, ambiguities, discrepancies or conditions which are not discovered due to his failure to conduct such study and comparison, or which are discovered but not reported as required by this Section.

2.7 Initial Schedule and Submissions. Within ten (10) days after the Effective Date of the Agreement

Contractor shall submit to Engineer for review:

2.7.1 A proposed progress schedule indicating the starting and completion dates of the various stages of the Work to be performed under this Contract. This schedule shall be in the form of an Arrow Diagram and shall reflect the Contract completion date. Engineer will review the proposed progress schedule to determine conformity to the Contract Documents. During the course of performing the Work, Contractor shall, at least monthly, submit to Engineer a revised progress schedule indicating any anticipated change from the original or previously revised progress schedule. The revised schedule shall include provisions for performing Work authorized under approved Change Orders. Engineer will review the original and revised progress schedules for general conformity with the Contract Documents and will make recommendations to the Owner concerning approval thereof; however the review, approval or other action taken by Engineer or Owner in respect of such schedules shall not relieve the Contractor of it’s obligations to perform the Work within the Contract Time. If Contractor shall fail to adhere to the approved original or revised progress schedule, except when due to Excusable Delays for which a claim has been submitted by Contractor and approved by Owner, he shall promptly adopt such other or additional means and methods of construction and commit such additional manpower, equipment and other resources as necessary to make up for the time lost and to assure completion of the Work in accordance with the Contract Documents.

2.7.2 A preliminary submittal schedule showing proposed dates for submission of required Shop

Drawings, Samples and product data. Such schedule shall also include such durations as prescribed by

Engineer to account for anticipated time allotments for review, approval or other action upon submittals by Engineer and additional allowances for resubmittals by Contractor; and

2.7.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each Item of Work, which will be confirmed in writing by

Contractor at the time of submission.

2.7.3.1 Mobilization for Contractor and any tier of subcontractor(s) shall be considered collectively and shall not exceed 10 percent (10%) of the Contract Price. Mobilization shall be those costs associated with the initiation of the Project and sitework, including but not limited to, transporting of personnel, equipment, materials, supplies, incidental items; establishment of the field offices, temporary facilities necessary for the project, bonds and insurances, submittal requirements, permits, field supervision, final cleanup and demobilization. Mobilization does not include such items as, contract negotiations and bid preparation. Where the Work is covered by

Unit Price and no item has been included for mobilization, then this Work is considered incidental to the Work and will not be paid separately.

2.7.3.2. Where the work is covered by Unit Prices, and item(s) for mobilization, as described in

2.7.3.1 have been included, the maximum allowable amount shall be ten percent (10%) of the aggregate of all items excluding mobilization. Where mobilization is included in multiple items, then the aggregate amount of all mobilization items shall not exceed the allowable ten percent

(10%).

2.7.3.3 Costs for submittal requirements, field office and supervision, where identified separately in the schedule of values shall be considered for payment monthly. When the cost is a lump sum as submitted in accordance with 2.7.3, the monthly cost shall be established by dividing the lump sum by the number of monthly estimates based on the original Contract Time. No adjustments shall be made for any Contract Time extensions.

2.7.3.4 Mobilization shall be included in the progress payments, in accordance with the schedule of values and Unit Prices. When the Work, excluding mobilization and inventory, has progressed to an amount equal to five percent (5%) or more of the Contract Price, then an amount of not more than fifty percent (50%) of the mobilization cost will be considered for inclusion in the progress payment. Prior to the established five percent (5%), Owner may consider payment on invoices for bonds and insurances and permits; this amount shall be subtracted from the total amount for mobilization. Not more than forty percent (40%) of the mobilization cost will be considered for inclusion in the progress payments once the Work, excluding mobilization and inventory, has progressed to an amount equal to fifty percent (50%) of the Contract Price. The remaining mobilization payment will be paid as part of the final payment.

2.7.4 Where the Work is covered by Unit Prices and there have been included lump sum items, the

Contractor shall submit to Engineer a schedule of values in accordance with the paragraph 2.7.3 for those lump sum items.

2.8 Preconstruction Conference. Before Contractor starts the Work at the site, a conference attended by

Contractor, Owner, Engineer, and others as appropriate will be held to discuss the schedules referred to in

Section 2.7, to discuss procedures for handling Shop Drawings and other submittals and for processing

Applications for Payment, and to establish other procedures and understandings bearing upon coordination and performance of the Work.

2.9 Finalizing Schedules. Unless otherwise provided in the Contract Documents, at least ten (10) days before submission of the first Application for Payment, a conference attended by Contractor, Engineer, and others as appropriate, will be held to finalize the schedules submitted in accordance with Section 2.7.

2.9.1 Contractor shall have an additional ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. No progress Payment shall be made to Contractor until the schedules are submitted to and acceptable to Engineer as provided below.

2.9.2 The finalized progress schedule will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor.

2.9.3 Contractor's schedule of Shop Drawing and Sample submissions will be acceptable to Engineer as providing a workable arrangement for reviewing and processing the required submittals.

2.9.4 Contractor's schedule of values will be acceptable to Engineer as to form and substance.

3. CONTRACT DOCUMENTS

3.1 Integration of Contract Documents. The Contract Documents comprise the entire Agreement between

Owner and Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Indiana and without regard to the party by or for whom they were prepared or drafted.

3.2 Intent and Meaning. It is the intent of the Contract Documents to describe a functionally complete Project

(or part thereof) to be constructed in accordance therewith. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents, as being required to produce the intended result will be supplied whether or not specifically called for. Notations, details or other descriptions, which apply to one of a number of situations, materials, processes or Work items, shall apply to all except as specifically stated otherwise. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be given that meaning unless a different meaning is reasonably apparent as determined by the Engineer. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code or Laws or

Regulations in effect at the time of opening of Bids. If said standard specification, manual or code or Laws or

Regulations are promulgated, amended, revised or otherwise changed subsequent to the opening of Bids, Contractor shall notify Owner who may direct compliance under Section 9.1. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the

Contract Documents) shall be effective to change the duties and responsibilities of Owner, Contractor or

Engineer, or any of their consultants, agents or employees, or to limit or impair any right or remedy of the

Owner, as set forth in the Contract Documents, nor shall it be effective to assign to the Owner, Engineer or any of their respective consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility, contrary to the provisions of

Section 8.10 or 8.11.

3.3 Duty To Report Discrepancies. If, during the performance of the Work, Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor shall so report to Engineer in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from

Engineer.

3.4 Major Modification.