BFD_FS3_-_Bidding_Set_-_Front_End_Manual_1_of_2-compressed.pdf

Bloomington Fire Station 3 Renovation/Addition

Owner:

City of Bloomington 401 N. Morton Street Bloomington, IN 47404

Construction Manager:

Weddle Bros. Building Group 2182 W Industrial Park Drive Bloomington, IN 47404

Architect: PROJECT MANUAL:

Commission Number: F23116

September 2024

Set No. ________

221 West Baker Street Fort Wayne, Indiana, 46802

Manual 1 of 2

F23116 F23116 Bloomington Fire Station 3

Renovation/Addition

09-16-2024

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MRae Project Title Page 00 0101 - 2

Renovation/Addition 09-16-2024

MRae CERTIFICATIONS PAGE 00 0105 - 1

SECTION 00 0105

CERTIFICATIONS PAGE

PROJECT:

F23116 BLOOMINGTON FIRE STATION 3 RENOVATION/ADDITION

810 WOODLAWN AVE

BLOOMINGTON, INDIANA 47408

OWNER:

CITY OF BLOOMINGTON BOARD OF PUBLIC WORKS

401 N MORTON ST SUITE 120

BLOOMINGTON, IN 47404

ARCHITECT / ENGINEER:

MARTINRILEY ARCHITECTS|ENGINEERS

221 WEST BAKER STREET

FORT WAYNE, INDIANA 46802

PHONE: 260.422.7994

FAX: 260.426.2067

WWW.MARTIN-RILEY.COM

COMMISSION NUMBER: F23116

DATE OF ISSUE:

CERTIFIED BY:

END OF CERTIFICATIONS PAGE

Renovation/Addition 09-26-2024

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SECTION 00 0110

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

00 0101 - Project Title Page 00 0105 - Certifications Page 00 0110 - Table of Contents 00 0145 - Bid Form

CITY OF BLOOMINGTON SUBMITTER'S FORM

CITY OF BLOOMINGTON BIDDING DOCUMENTS TABLE OF CONTENTS

SECTION I: Invitation to Bidders SECTION II: Instructions to Bidders SECTION III: Unit Prices, Sample Bond Forms, Escrow Agreement SECTION IV: Affirmative Action Plan Requiremnts SECTION V: State Form No. 96, Questionnaire/Non-Collusion Affidavit SECTION VI: General Conditions SECTION VII: Special Conditions and Supplementary Conditions SECTION VIII: Sample Agreement with Attachments 00 2213 - Architect's Supplementary Instructions to Bidders 00 7300 - Architect's Supplementary Conditions

SPECIFICATIONS

DIVISION 01 -- GENERAL REQUIREMENTS

01 1000 - Summary 01 1200 - Multiple Contract Summary 01 1500 - Procurement Substitution Procedures 01 1830 - Field Engineering 01 2000 - Price and Payment Procedures 01 2100 - Allowances 01 2300 - Alternates 01 2500 - Substitution Procedures 01 3000 - Administrative Requirements 01 4000 - Quality Requirements 01 4219 - Reference Standards 01 5000 - Temporary Facilities and Controls 01 6000 - Product Requirements 01 7000 - Execution and Closeout Requirements 01 7050 - Temporary Construction Facilites - Multiple Contracts 01 7800 - Closeout Submittals Fire Marshal Design Release Report

DIVISION 02 -- EXISTING CONDITIONS

02 0810 - Cutting and Patching

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02 4100 - Demolition Pre Demolition Asbestos Survey Report of Geotechnical Engineering Investigation

DIVISION 03 -- CONCRETE

03 0516 - Underslab Vapor Barrier 03 1000 - Concrete Forming and Accessories 03 2000 - Concrete Reinforcing 03 3000 - Cast-in-Place Concrete

DIVISION 04 -- MASONRY

04 0100 - Masonry Restoration and Cleaning 04 2000 - Unit Masonry 04 4200 - Exterior Stone Cladding 04 4316 - Stone Fabrications

DIVISION 05 -- METALS

05 1200 - Structural Steel Framing 05 2100 - Steel Joist Framing 05 3100 - Steel Decking 05 4000 - Cold-Formed Metal Framing

DIVISION 06 -- WOOD, PLASTICS, AND COMPOSITES

06 1000 - Rough Carpentry 06 4100 - Architectural Wood Casework 06 6400 - Plastic Paneling

DIVISION 07 -- THERMAL AND MOISTURE PROTECTION

07 1010 - General Roofing Considerations 07 1113 - Bituminous Dampproofing 07 2100 - Thermal Insulation 07 2500 - Weather Barriers 07 4243 - Fiber Cement Panels 07 5400 - Thermoplastic Membrane Roofing 07 6200 - Sheet Metal Flashing and Trim 07 7100 - Roof Specialties 07 8400 - Firestopping 07 9005 - Joint Sealers

DIVISION 08 -- OPENINGS

08 1113 - Hollow Metal Doors and Frames 08 1416 - Flush Wood Doors 08 3100 - Access Doors and Panels 08 3513 - FF300 Four Fold Door System 08 4313 - Aluminum-Framed Storefronts 08 7100 - Door Hardware 08 8000 - Glazing

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08 8300 - Mirrors

DIVISION 09 -- FINISHES

09 2116 - Gypsum Board Assemblies 09 3000 - Tiling 09 5100 - Acoustical Ceilings 09 6500 - Resilient Flooring 09 6566 - Resilient Athletic Flooring 09 6700 - Fluid-Applied Flooring 09 6813 - Tile Carpeting 09 7800 - Interior Wall Paneling 09 9113 - Exterior Painting 09 9123 - Interior Painting

DIVISION 10 -- SPECIALTIES

10 1400 - Signage 10 2400 - Rooftop Mechanical Screen 10 2600 - Wall and Door Protection 10 2601 - Wall and Corner Guards 10 2800 - Toilet, Bath, and Laundry Accessories 10 5113 - Metal Lockers

DIVISION 11 -- EQUIPMENT

11 4000 - Foodservice Equipment

DIVISION 12 -- FURNISHINGS

12 2400 - Window Shades 12 3200 - Manufactured Wood Casework 12 3600 - Countertops

DIVISION 22 -- PLUMBING

22 0516 - Expansion Fittings and Loops for Plumbing Piping 22 0517 - Sleeves and Sleeve Seals for Plumbing Piping 22 0519 - Meters and Gages for Plumbing Piping 22 0523 - General-Duty Valves for Plumbing Piping 22 0529 - Hangers and Supports for Plumbing Piping and Equipment 22 0548 - Vibration and Seismic Controls for Plumbing Piping and Equipment 22 0553 - Identification for Plumbing Piping and Equipment 22 0716 - Plumbing Equipment Insulation 22 0719 - Plumbing Piping Insulation 22 1005 - Plumbing Piping 22 1006 - Plumbing Piping Specialties 22 1123 - Domestic Water Pumps 22 3000 - Plumbing Equipment 22 4000 - Plumbing Fixtures

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DIVISION 23 -- HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

23 0516 - Expansion Fittings and Loops for HVAC Piping 23 0517 - Sleeves and Sleeve Seals for HVAC Piping 23 0529 - Hangers and Supports for HVAC Piping and Equipment 23 0548 - Vibration and Seismic Controls for HVAC 23 0553 - Identification for HVAC Piping and Equipment 23 0593 - Testing, Adjusting, and Balancing for HVAC 23 0713 - Duct Insulation 23 0716 - HVAC Equipment Insulation 23 0719 - HVAC Piping Insulation 23 0913 - Instrumentation and Control Devices for HVAC 23 0923 - Direct-Digital Control System for HVAC 23 0993 - Sequence of Operations for HVAC Controls 23 1123 - Facility Natural-Gas Piping 23 2300 - Refrigerant Piping 23 3100 - HVAC Ducts and Casings 23 3300 - Air Duct Accessories 23 3423 - HVAC Power Ventilators 23 3600 - Air Terminal Units 23 3700 - Air Outlets and Inlets 23 3813 - Commercial-Kitchen Hoods 23 5533 - Fuel-Fired Unit Heaters 23 7416 - Packaged Rooftop Air-Conditioning Units 23 7433 - Dedicated Outdoor Air Units 23 8126.13 - Small-Capacity Split-System Air Conditioners 23 8200 - Convection Heating and Cooling Units

DIVISION 26 -- ELECTRICAL

26 0505 - Selective Demolition for Electrical 26 0519 - Low-Voltage Electrical Power Conductors and Cables (600 V and Less) 26 0526 - Grounding and Bonding for Electrical Systems 26 0529 - Hangers and Supports for Electrical Systems 26 0533.13 - Conduit for Electrical Systems 26 0533.16 - Boxes for Electrical Systems 26 0533.23 - Surface Raceways for Electrical Systems 26 0553 - Identification for Electrical Systems 26 0573 - Overcurrent Protective Device Coordination Study 26 0583 - Wiring Connections 26 0923 - Lighting Control Devices 26 2416 - Panelboards 26 2726 - Wiring Devices 26 2816.16 - Enclosed Switches

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26 3100 - Photovoltaic Collectors 26 3213 - Engine Generators 26 3600 - Transfer Switches 26 5100 - Interior Lighting 26 5600 - Exterior Lighting

DIVISION 27 -- COMMUNICATIONS

27 0529 - Hangers and Supports for Communications Systems 27 1000 - Structured Cabling

DIVISION 28 -- ELECTRONIC SAFETY AND SECURITY

28 1000 - Access Control 28 4600 - Fire Detection and Alarm

DIVISION 31 -- EARTHWORK

31 1000 - Site Clearing 31 2200 - Grading 31 2316 - Excavation 31 2323 - Fill

DIVISION 32 -- EXTERIOR IMPROVEMENTS

32 1123 - Aggregate Base Courses 32 1216 - Asphalt Paving 32 1313 - Concrete Paving 32 1413 - Precast Concrete Unit Paving 32 1623 - Sidewalks 32 1723 - Pavement Markings 32 9219 - Seeding 32 9300 - Plants

DIVISION 33 -- UTILITIES

33 1416 - Site Water Utility Distribution 33 3113 - Site Sanitary Sewerage Gravity Piping

END OF SECTION 00 0110

BID FORM (page 1 of 2)

BID FORM

This BID Summary Sheet shall be completed and submitted with all other BID Documents.

Bid Package # ________

The Lump Sum Base BID amount to complete the 2024 Board of Public Works Project including all associated work per plans and specifications is:

1.

Alternate No. 1 (ADD/DEDUCT) ____________________________

Alternate No. 2 ADD/DEDUCT) ____________________________

The contractor will (check one): invoice a single lump sum at the conclusion of the project.

submit invoices based on project progress.

Proposed start date for this project is and total of calendar days for completion of base bid.

(date) is .

( Of days)

For projects requiring submission of a Trench Safety Systems Affidavit, the portion of the Lump Sum cost provided above which is attributable to trench safety systems is: $

(Only use for combination Bid) The Lump Sum Base BID amount to complete the 2024 Board of Public Works Project including all associated work per plans and specifications is for combination bid packages:

2.

Optional combination Bid – Bid Packages _________ & ____________

Alternate No. 1 (ADD/DEDUCT) ____________________________

Alternate No. 2 ADD/DEDUCT) ____________________________

BID FORM (page 2 of 2)

The project in its entirety shall be completed by November 30, 2025.

Any and all Subcontractors performing work valued over 10,000 shall be listed below. Any Subcontractor not listed below at the time of the bid must be approved by the City of Bloomington prior to performing any work on this contract. Subcontractors not listed or approved will not be paid for work under this contract. In accordance with Indiana Code 5-16-13 et seq., incorporated herein by reference, any Subcontractor performing work on this contract is a Tier 2 contractor.

SUBCONTRACTORS ADDRESS TYPE OF WORK

In submitting this Bid, Bidder represents that:

A. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and

State conditions that may affect cost, progress, performance, and furnishing of the Work.

B. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

No. Dated

SIGNATURE OF BIDDER_____________________

Name of Bidder:

Date:

By:

Name Title Printed:

Bidder Address:

Telephone:

INVITATION TO BID

FOR:

THE CITY OF BLOOMINGTON

BOARD OF PUBLIC WORKS

BLOOMINGTON, INDIANA

SUBMITTED BY:

Company or Firm Name

Street and Number

City or Town State Zip Code

Bloomington Fire Station 3 Renovation / Addition

BID RELEASE DATE: September 30, 2024

SUBMITTAL DATE: October 21, 2024

AWARD DATE: November 4, 2024 *

* Or subsequent Board of Public Works meeting

CONTENTS

SECTION I. INVITATION TO BIDDERS

SECTION II. INSTRUCTIONS TO BIDDERS

SECTION III. UNIT PRICES, SAMPLE BOND FORMS, ESCROW AGREEMENT

SECTION IV. AFFIRMATIVE ACTION PLAN REQUIREMENTS

SECTION V. STATE FORM NO. 96, QUESTIONNAIRE/NON-COLLUSION AFFIDAVIT

SECTION VI. GENERAL CONDITIONS

SECTION VII. SPECIAL CONDITIONS AND SUPPLEMENTARY CONDITIONS

SECTION VIII. SAMPLE AGREEMENT WITH ATTACHMENTS

SECTION I

INVITATION TO BIDDERS

INVITATION TO BIDDERS

NOTICE IS HEREBY GIVEN THAT THE BOARD OF PUBLIC WORKS OF THE CITY OF BLOOMINGTON, INDIANA WILL

RECEIVE SEALED BIDS FOR THE BELOW-DESCRIBED WORK AT THE LOCATION INDICATED.

Bloomington Fire Station 3 Renovation / Addition

This project shall include but not limited to, furnishing all necessary labor, materials, and equipment for the renovation and addition to Bloomington Fire Department Station 3, located at 810 Woodlawn

Ave., Bloomington, IN 47408. The Work will be divided into (3) Bid Packages- Bid Package 1 – General

Trades, Bid Package 2 – Mechanical and Plumbing, and Bid Package 3 – Electrical. Detailed scopes of work are included in the front end specifications.

Bids are to be submitted in proper form, as described in the “Instructions to Bidders” included in the Bid

Packet, which can be found on the City’s website at https://bloomington.in.gov/rfp.

A pre-bid meeting will be held at BFD Station #3, 810 Woodlawn Ave., Bloomington, IN 47408 at 1:00

PM on Tuesday, October 8, 2024. Attendance at the pre-bid meeting is encouraged but not mandatory for contractors wishing to bid on the project.

Sealed bids shall be received by the Department of Public Works at City Hall, 401 North Morton Street, Ste. 120, Bloomington, Indiana, 47404, at or before 11:00 AM local time on Monday, October 21, 2024.

Bids will be publicly opened and read aloud at a work session of the Board of Public Works at Noon local time on Monday, October 21, 2024, in the Council Chambers (RM #115) of City Hall at the Showers

Building, 401 N. Morton Street, Bloomington, Indiana, and via Zoom by using the link found in the

Meetings column of the following webpage: https://bloomington.in.gov/boards/public-works. Any Bids received after the designated time will not be considered. Bids will be reviewed, and the award may be made at the November 4, 2024, Board of Public Works meeting, or a subsequent meeting, which will be held in the Kelly Conference Room of City Hall at the Showers Building, 401 N. Morton Street, (RM #155), Bloomington, Indiana and is accessible online by using the link provided above.

Each Bidder shall file with his or her sealed bid:

(1) a properly executed Non-collusion Affidavit as required by the laws of the State of Indiana;

(2) a Questionnaire Form 96 of the State Board of Accounts;

(3) a cashier’s check or certified check drawn on an acceptable bank or a Bid bond equal to five (5) percent of the total amount of bid;

(4) a properly executed Employee Drug Testing Program Affidavit for a public works project estimated to cost at least $150,000; and

(5) a copy of the bidder’s written plan for an employee drug testing program to test the employees of the bidder for drugs.

For bids of $100,000.00 or more, the successful bidder shall furnish both a performance bond and a payment bond for one hundred percent (100%) of the contract amount before the execution of the contract. The performance bond and the payment bond shall remain in effect for a period of one (1) year after final acceptance of the work.

Each Bidder for bid submittals over $10,000.00 shall have approved by the City of Bloomington Contract

Compliance Officer, Audrey Brittingham, the Bidder’s written Affirmative Action Plan (AAP). Submitting your AAP before the bid deadline is strongly recommended so that Legal can review your plan to ensure it complies with the City’s requirements. Bidders who fail to submit acceptable Affirmative Action Plans could be subject to disqualification if the plan does not comply with City requirements. Each Bidder must ensure that all employees and applicants for employment are not discriminated against because of race, religion, color, sex, national origin, ancestry, disability, sexual orientation, gender identity, veteran status, or housing status. All the protected classes must be included in your Affirmative Action Plan for it to be acceptable. In addition to other requirements, your plan MUST include a workforce breakdown, an internal grievance procedure, a non-retaliation statement, an harassment plan, designation of a person by name or position who is responsible for the implementation of the Plan, applicability to both applicants and employees, recruitment of minorities, equal access to training programs, and an explanation of your method of communicating the operations of your Affirmative Action Plan to employees and prospective applicants. Plans should be submitted for approval via email to Audrey

Brittingham, Contract Compliance Officer, at audrey.brittingham@bloomington.in.gov. She may also be contacted at (812) 349-3426, 8:00 a.m. to 5:00 p.m., Monday through Friday.

If your company already has a plan on file with the City, you are strongly encouraged to check with the

City's Legal Department to ensure it complies with current requirements, including having a workforce breakdown form that is no more than six months out of date. If you already have a plan, but it does not cover all of the City’s current requirements, you may submit a separate supplement with your plan to fill any gaps.

In accordance with Indiana Code § 36-1-12-24, each Contractor who submits a bid for a public works project estimated to cost $150,000 or more shall submit with his/her bid a written plan for an employee drug-testing program that complies with Indiana Code 4-13-18, et seq.

For Bids over $300,000 on Public Works projects that are not for the construction, alteration, or repair of a highway, street, or alley, the Contractor must be pre-qualified with the Indiana Public Works

Certification Board under Indiana Code § 4-13.6-4-2.5.

The Board of Public Works reserves the right to waive any informality and to accept or reject any or all bids submitted. Bids may be held by the Board of Public Works for a period not-to-exceed sixty (60) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of the Bidders prior to awarding the contract.

City of Bloomington, Indiana

Board of Public Works

Kyla Cox Deckard, President

SECTION II

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1.00 CONTRACT DOCUMENTS: Contract Documents that will form the Contract are:

1. The Agreement and its Attachments

2. The Invitation to Bidders

3. The Instructions to Bidders

4. The Performance Bond and the Payment Bond

5. The Specifications

6. The General Conditions

7. The Supplementary Conditions

8. The Special Conditions

9. The Escrow Agreement

10. Request for taxpayer identification number and certification: Substitute W-9.

11. All Addenda to the Bid Documents

12. All Written Amendments and other documents amending, modifying, or supplementing the

Contract Documents which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

13. CONTRACTOR’S submittals

14. All plans as provided for the work that is to be completed.

1.01 DEFINED TERMS:

1.01(A) Bidder: The individual or entity who submits a Bid directly to the Owner.

1.01(B) Successful Bidder: The lowest responsible and responsive Bidder to whom Owner makes an award.

1.02 INSPECTION OF THE SITE: Bidder shall examine each of the Contract Documents, visit the site of the work and thoroughly and fully inform themselves of the construction hazards, procedures, labor, conditions and factors, which could affect the prosecution and completion of the work. Such considerations shall include; the conditions of existing structures and facilities which may be affected by the proposed work, the procedure necessary for maintenance of uninterrupted operation of existing facilities, the availability and cost of labor and methods for transporting, handling, and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the Bidder’s Bid. There will be no subsequent financial adjustment to any contract for lack of such prior information or its effects on the cost of the work.

1.03 OMISSIONS AND DISCREPANCIES: Should Bidders find discrepancies in, or omissions from, the Contract Documents, or should they be in doubt as to their meaning, written notification should be made to the Project Manager. Interpretation of the proposed contract documents will be made only by written addendum. A copy of each addendum will be posted at the City’s website at https://bloomington.in.gov/rfp. The Owner will not be responsible for any other explanations or interpretations of the proposed contract documents.

1.04 PRE-BID CONFERENCE: A non-mandatory pre-bid conference may be held at the time and location indicated in the Advertisement or Invitation to Bid. Representatives of Owner and Project

Manager will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

Information presented at the pre-bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

1.05 INTERPRETATIONS AND ADDENDA: Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

Bidder shall submit all questions about the meaning or intent of the Bidding Documents to the

Construction Manager in writing. Contact information and submittal procedures for such questions are as follows:

Weddle Bros. Building Group, LLC

Preconstruction Manager

Attn: Jeff Bex

Email: jbex@weddlebros.com

Interpretations or clarifications considered necessary by City of Bloomington in response to such questions will be issued by Addenda and posted at https://bloomington.in.gov/rfp. Questions received fewer than four (4) working days prior to the date for opening of Bids may not be answered.

Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the Contract

Documents.

2.00 BIDS: Pursuant to the “Invitation to Bidders” sealed Bids for performing the work shall be received by the

Department of Public Works, at City Hall, 401 North Morton Street, Ste. 120, Bloomington, Indiana, 47404 at or before 11:00 AM local time on Monday, October 21, 2024. Bids will be publicly opened and read aloud at a work session of the Board of Public Works at 12:00 Noon local time on Monday, October 21, 2024, in the Council Chambers (RM #115) of City Hall at the Showers Building, 401 N. Morton Street, Bloomington, Indiana, and via Zoom by using the following link: https://bloomington.in.gov/boards/public-works. Any

Bids received after the designated time will not be considered. Bids will be reviewed and the award may be made at the November 4, 2024, regular meeting of the Board of Public Works, which will be held in the

Kelly Conference Room of City Hall at the Showers Building, 401 N. Morton Street, Bloomington, Indiana, and is accessible online using the link provided above. If requested by the Project Manager, the City’s

Substitute IRS W-9 form shall be executed by the Bidder and received by the City before the issuance of a contract or Notice to Proceed to the Bidder.

2.01 BASIS OF BID: Bidders must submit a lump sum bid for each applicable bid package indicated on the bid form. Any applicable alternates and unit prices shall also be submitted.

2.02 BID FORM: Each Bid shall be legibly written or printed in ink on the Bid Form with Unit Prices provided if applicable. All addenda to the Contract Documents on which a Bid is based, properly signed by the Bidder, shall accompany the Bid when submitted. No alteration in any Bid, or in the

Bid Form on which it is submitted, shall be made by any person after the Bid has been submitted by the Bidder

2.03 BID SIGNATURES: Each Bidder shall sign his/her Bid using his/her usual signature and giving his/her full business address. Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative.

Bids by corporations shall be signed with the name of the corporation followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation.

The names of all persons signing should also be typed or printed below the signature. A Bid by a person who affixes to his/her signature the word “president” or “secretary”, “agent”, or other designation without disclosing his/her principal may be held to be the Bid of the individual signing.

When requested by the Owner, satisfactory evidence of the authority of the person signing shall be furnished. No Bidder may submit more than one Bid. Two Bids under different names will not be accepted from one firm or association.

2.04 BID SUBMISSION: Each Bid submitted shall be enclosed in a sealed envelope or wrapping, identified on the outside with the words “SEALED BID”, and the name of the project, and shall be received by the Department of Public Works at City Hall, 401 North Morton Street, Ste. 120, Bloomington, Indiana, 47404 on the date and at the time provided above in 2.00 BIDS.

2.05 INDIANA LEGAL REQUIREMENTS: Each bidder shall submit under oath with his/her Bid a statement of his/her experience, proposed plan for performing the Work, equipment available to perform the work, and a financial statement. The statements shall be submitted on

Questionnaire Form No. 96 of the Indiana State Board of Accounts. Each Bid shall be accompanied by a properly executed Non-Collusion Affidavit as required by the laws of the State of Indiana.

2.06 BID GUARANTEE: Each Bid shall be accompanied by a cashier’s check or a certified check drawn on an acceptable bank, or an acceptable Bidder’s bond in an amount of not less than five percent

(5%) of the total Bid. No personal and/or company checks will be accepted or the Bid shall be deemed unresponsive. The Bid guarantee shall be made payable without condition to the City of

Bloomington, Indiana, hereinafter referred to as “Owner”, and the amount of said Bid Guarantee may be retained by and forfeited to the Owner as liquidated damages if the Bid covered thereby is accepted and a contract based thereon is awarded and the Bidder should fail to enter into a contract in the form prescribed, with legally responsible sureties, within fifteen (15) days after such award is made and confirmed by the Owner.

2.07 RETURN OF BID GUARANTEE: The Bid Guarantee deposit of each unsuccessful Bidder will be returned when his/her Bid is rejected. The Bid Guarantee deposit of the Bidder to whom the

Contract is awarded will be returned when the successful Bidder executes a contract and files a satisfactory performance bond and payment bond. The Bid Guarantee deposit of the second and third lowest responsible Bidders may be retained for a period not to exceed ninety (90) days pending the execution of the Contract and bonds by the successful Bidder.

2.08 WITHDRAWAL OF BID: No Contractor may withdraw his/her Bid for a period of sixty (60) days after the date and hour set for the opening, and the Bidders submitting the three lowest Bids may not withdraw their Bid for a period of one hundred eighty (180) days after the opening date. A

Bidder may withdraw his/her Bid at any time prior to the expiration of the Bid period during which

Bids may be submitted by a written request signed in the same manner and by the same person who signed the Bid.

2.09 ACCEPTANCE AND REJECTION OF BIDS: The Owner reserves the right to accept the Bid submitted by the lowest responsible and responsive Bidder; to reject any or all Bids; and to waive irregularities or informalities in any Bid. Bids received after the specified time of closing will be returned unopened. The acceptance of a Bid shall bind the successful Bidder to execute the

Contract and to be responsible for liquidated damages as provided in Section 4.00 below and in section 13.00 of the General Conditions.

3.00 QUALIFICATION OF BIDDERS: Bidders shall submit satisfactory evidence that they have a practical knowledge of the particular work Bid upon, and that they have the necessary financial resources to complete the proposed work. Each Bidder shall execute completely and accurately 'Questionnaire Form

No. 96' of the Indiana State Board of Accounts’ and shall include the form with his/her Bid. The information contained therein shall be used by the Owner to determine the ability, experience, and capital resources of the Bidder. In determining the Bidder’s qualifications, the following factors will be considered:

whether the Bidder (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has the necessary financial resources to meet all obligations incident to the work; (d) has appropriate technical experience; and (e) can be added as an approved vendor to the City of Bloomington. Each Bidder may be required to show that previous work performed has been handled in such a manner that there are no just and proper claims pending against such work. No Bid will be accepted which is submitted by a Bidder who is engaged in any work which would impair their ability to finance the work covered by such Bid or to provide suitable equipment for its proper prosecution and completion.

3.01 PRE-QUALIFICATION OF CONTRACTORS: For bids in excess of $300,000 on Public Works projects that are not considered the construction, alteration, or repair of a highway, street, or alley, the Contractor shall be pre-qualified with the Indiana Public Works Certification Board prior to starting work.

4.00 EXECUTION OF CONTRACT: Any Bidder whose Bid shall be accepted will be required to appear at the office of the Construction Manager, Weddle Bros. Building Group, LLC, located at 2182 W.

Industrial Park Dr., Bloomington, IN 47404, in person, or, if a firm or corporation, a duly authorized representative shall so appear, to execute the Contract within fifteen (15) days after notice that the Contract has been awarded to him/her. Failure or neglect to do so shall constitute a breach of the agreement effected by the acceptance of the Bid. The amount of the Bid Guarantee accompanying the Bid of such

Bidder may be retained by the City as liquidated damages for such breach. In the event that any Bidder whose Bid shall be accepted shall fail or refuse to execute the Contract as hereinbefore provided, the Board of Public Works may at their option, determine that such Bidder has abandoned the Contract and thereupon his/her Bid and the acceptance thereof shall be null and void and the Owner shall be entitled to liquidated damages as provided herein.

4.01 INSURANCE: The Contractor will be required to carry insurance throughout the lifetime of the

Contract, as provided in the General Conditions, the amount of insurance of the various types being not less than the amounts specified therein.

4.02 PAYMENTS: Payment for all work performed under the proposed contract will be made in cash, or its equivalent, by the Owner within sixty (60) days after completion and final acceptance of the work covered by the contract. Partial estimates will be issued and paid as provided in the General

Conditions.

4.03 TIME FOR BEGINNING AND COMPLETING THE WORK: The Contractor shall start active and continuous work on the contract within fifteen (15) calendar days after the date of the notice to proceed. The work will be completed in (3) Subsequent Phases- reference phasing plan in the drawings for inclusions in the phases. Phase 1 shall be complete prior to May 31, 2025. Phase 2 shall be complete prior to August 31, 2025. Phase 3, and final completion of the entire project, shall be complete prior to November 30, 2025. Calendar and work days shall be as defined in the

General Conditions of these documents.

4.04 TAXES: Attention is directed to the requirements of the General Conditions regarding payments of taxes and obtaining permits.

4.05 WORKER’S COMPENSATION: Before any work is started, the Contractor shall obtain from the

Indiana State Industrial Board and file with the Owner, a certificate as evidence of compliance with the provisions of the Indiana Worker’s Compensation Act and the Indiana Worker’s Occupational

Diseases Act.

4.06 PERFORMANCE BOND: For all contracts in the amount of $100,000.00 or more, the Bidder to whom a contract is awarded will be required to furnish a Performance Bond to the Owner in an amount equal to one hundred percent (100%) of the contract price. The bond shall be executed on the form included in the Contract Documents by a surety company authorized to do business in the State of Indiana and acceptable as surety to the Owner. Accompanying the bond shall be a

“Power of Attorney” authorizing the attorney-in-fact to bind the surety company and certified to include the date of the bond. The surety on the Performance Bond cannot be released for one year, and the bond must require that the surety will not be discharged for:

1. modifications, omissions, or additions;

2. defects in the contract; or

3. defects in the Bidding or awarding process.

4.07 PAYMENT BOND: For all contracts in the amount of $100,000.00 or more, the Bidder to whom a contract is awarded will be required to furnish a Payment Bond to the Owner in an amount equal to one hundred percent (100%) of the contract price. The bond shall be executed on the form included in the Contract Documents by a surety company authorized to do business in the State of

Indiana and acceptable as surety to the Owner. Accompanying the bond shall be a “Power of

Attorney” authorizing the attorney-in-fact to bind the surety company and certified to include the date of the bond. The surety on the Payment Bond cannot be released until one year after the

Board’s final settlement with the Contractor, and the bond is required to insure payment of subcontractors, laborers, material suppliers, and persons furnishing services. The bond must provide the same assurances as does the Performance Bond against conditions discharging the surety.

4.08 LOCAL MATERIALS: Preference will be given to materials, products, supplies, and all other articles produced, manufactured, made, or grown in the State of Indiana.

4.09 NON-DISCRIMINATION IN EMPLOYMENT: Each Bidder for Bids over $10,000.00 shall submit and have approved by the City of Bloomington Contract Compliance Officer, Audrey Brittingham, the Bidder’s written Affirmative Action Plan at least twenty-four (24) hours prior, or sooner to the deadline for submission of Bids. Bidders who fail to submit acceptable plans by the deadline are subject to disqualification. Plans shall be emailed to the attention of Audrey Brittingham at audrey.brittingham@bloomington.in.gov. Each Bidder must insure that all employees and applicants for employment are not discriminated against because of race, religion, color, sex, national origin, ancestry, disability, sexual orientation, gender identity, veteran status or housing status. All the protected classes must be included in your Affirmative Action Plan for it to be acceptable. In addition to other requirements, your plan MUST include a workforce breakdown, an internal grievance procedure, a non-retaliation statement, designation of a person by name or position who is responsible for implementation of the Plan, applicability to both applicants and employees, recruitment of minorities, equal access to training programs, and an explanation of your method of communicating the operations of your Affirmative Action Plan to employees and prospective applicants. Audrey Brittingham, Contract Compliance Officer, may be contacted at

(812) 349-3426, 8:00 a.m. to 5:00 p.m. Monday through Friday. The successful Bidder must comply with each section of its Affirmative Action Plan and be prepared to comply in all respects with the contract provisions regarding non-discrimination, which are included in the Employment

Requirement and Wage Rate section. For contracts paid in whole or in part with federal funds, the

Bidder must submit a signed statement as to whether he or she has previously performed work subject to Executive Order 11246. For contracts paid in whole or in part with federal funds, the successful Bidder must, if requested, submit a list of all subcontractors who will perform work on the project, and written and signed statements from authorized agents of the labor pools with which he/she will or may deal for employees on the work, together with supporting information to the effect that said labor pools’ practices and policies are in conformity with Executive Order 11246, and that said labor pools will affirmatively cooperate in, or offer no hindrance to, recruitment, employment, and equal treatment of employees seeking employment, and performing work under the Contract, or a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same, prior to the award of the Contract.

4.10 Harassment Policy: Each Bidder required to submit an affirmative action plan now must also submit a harassment plan. The harassment plan must, at minimum, include a definition of harassment, the name or title of the individual designated to receive and investigate complaints and a statement that the contractor will not retaliate against an employee for complaining about harassment. A model harassment policy is included for your convenience in Section IV of this bidding packet, which you may amend and adapt as your own.

4.11 Permits: Contractor is responsible for obtaining all permits.

SECTION III

UNIT PRICES

SAMPLE BOND FORMS

ESCROW AGREEMENT

BID BOND (EXAMPLE)

BID BOND PG. 2 (EXAMPLE)

PERFORMANCE BOND (EXAMPLE)

PERFORMANCE BOND PG. 2 (EXAMPLE)

PERFORMANCE BOND PG. 3 (EXAMPLE)

PERFORMANCE BOND PG. 4 (EXAMPLE)

PAYMENT BOND (EXAMPLE)

PAYMENT BOND PG. 2 (EXAMPLE)

PAYMENT BOND PG. 3 (EXAMPLE)

PAYMENT BOND PG. 4 (EXAMPLE)

March 2022

AUTHORIZATION CERTIFICATE

First Financial Bank dba Yellow Cardinal Advisory Group (“Yellow Cardinal”)

Client Name (“Entity”):

Type of Entity:

Principal Address:

Tax ID:

Account:

THE UNDERSIGNED HEREBY CERTIFIES TO YELLOW CARDINAL:

1) That (S)he is authorized, in his/her position as Secretary/President/Member/Manager/General Partner (as applicable) of the Entity, and directed to execute this Authorization Certificate on behalf of Entity.

2) Entity:

a. Is duly organized, validly existing and in good standing in its state of organization as well as in all jurisdictions where Entity operates.

b. Has the power and authority to provide this Authorization, to confer the powers identified in this Authorization Certificate, and to carry on its business as currently conducted.

3) That the following resolutions were duly adopted by the directors, trustees or other governing body of Entity in accord with and pursuant to the charter and other organizational documents of Entity and applicable law and are in full force and effect and have not been modified or revoked.

RESOLVED:

a. That Yellow Cardinal is hereby appointed as an investment manager with full authority to direct the management, acquisition, and disposition of Entity’s assets designated in its agreements with the Yellow Cardinal.

b. That the following persons (“Agents”) are hereby authorized to act on behalf of Entity and appoint Yellow Cardinal as an investment manager with full authority to direct the management, acquisition, and disposition of the Entity’s assets as designated in Entity’s agreements with Yellow Cardinal and provide instructions to Yellow Cardinal and execute documents with Yellow Cardinal on behalf of Entity.

Name: Title

A

B

C

D

c. That Yellow Cardinal is authorized to rely upon and to accept as genuine and authorized the facsimile signature of any Agent or such signatures that resemble facsimile signatures, without any duty to determine the genuineness of such signature or whether it was authorized by Entity.

d. That Entity agrees to the terms, conditions, and applicable rules or regulations of Yellow Cardinal governing accounts and services, as may be amended from time to time pursuant to their terms or as permissible by applicable law or regulation.

e. That the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received by Yellow Cardinal, and that receipt of such notice shall not affect any action taken by Yellow Cardinal prior to its receipt of such notice. Entity shall indemnify and hold harmless Yellow Cardinal from any loss or damage arising out of any action by Yellow Cardinal in reliance on, or in furtherance of, these resolutions. All transactions, if any, conducted with Yellow Cardinal prior to the adoption of these resolutions are hereby ratified, approved and confirmed.

f. That these resolutions supersede all prior resolutions delivered to the Yellow Cardinal, if any, concerning the above referenced accounts.

4) The preceding resolutions and the powers granted therein conform to the organizational documents of Entity now in effect and said resolutions are in full force and effect and have not been amended or rescinded.

ENTITY SEAL

(Optional)

I have subscribed my name to this document on

Signature of Authorized Entity Official

ESCROW AGREEMENT

THIS ESCROW AGREEMENT made as of , 20 by and among the City of Bloomington, Indiana, an Indiana municipal corporation (“Owner”), -

, a(n)________________________ (“Contractor”), and FIRST FINANCIAL BANK, an Ohio state chartered bank, dba YELLOW CARDINAL ADVISORY GROUP (“Escrow Agent”).

1. Recitals.

1.1 The City, and (hereinafter referred to as the “Parties”), simultaneously with the execution and delivery of this Escrow Agreement, have entered into a(n) dated

, 20 (the “Agreement”);

1.2 The City is required by Indiana law to enter into an escrow agreement of funds for construction of public works projects in an amount of $100,000 or more; and

1.3 The City has agreed to place portions of the funds as part of its Agreement with ___________________________ retained by the City (“Deposit”) in escrow with Escrow Agent pending the closing of the transactions contemplated by the Agreement or termination thereof prior to closing; and

1.4 Escrow Agent is willing to hold the Deposit in escrow on the terms and conditions hereinafter set forth.

2. Agreement. In consideration of the foregoing, the parties hereto hereby agree as follows:

2.1 The Deposit.

2.1.1 Delivery of Deposit. The City will deliver to Escrow Agency by wire transfer or certified check immediately available funds, such sum constituting the Deposit.

Escrow Agent will promptly deposit and maintain the Deposit as set forth below.

Investment of Deposit.

Escrow agent will deposit the escrowed funds in a segregated First Financial wealth management cash sweep money market account managed and administered by the escrow agent or one of its affiliates; No deposit of escrowed funds will be invested in investment grade bonds or public securities except by the express written agreement of the parties. Any interest, dividends, or other income accruing on the Deposit will be credited to the Escrow Account. Escrow Agent makes no representation as to the yield of such investment and will bear no liability for any delays in depositing the Deposit or for any failure to achieve the maximum possible yield from such Deposit.

2.1.2 Net Deposit. The Deposit, less any and all transaction or account fees or charges and out-of-pocket expenses of Escrow Agent attributable to, or incurred in connection with, the deposit thereof in accordance with the terms of this Agreement which items may be deducted by the Escrow Agent from the Deposit as set forth below (such net sum being the “Net Deposit”), will be delivered by Escrow Agent in accordance with the terms of this Escrow Agreement to the person or persons entitled thereto or, if pursuant to Section 3.6 hereof, to a substitute impartial party or a court of competent jurisdiction. Escrow Agent agrees to provide the Parties with copies of each monthly statement for the Escrow martindj Highlight

Account for the period for which the Deposit is held by Escrow Agent. As a condition to the delivery of any funds constituting part of the Deposit, Escrow Agent may require from the recipient a receipt therefor and, upon final payment or disposition, may require its release from any liability arising out of the execution or performance hereof, such release to be in a form reasonably satisfactory to Escrow Agent.

2.2 Delivery of Deposit. If the transactions contemplated by the Agreement are consummated as provided therein, then upon delivery of the Payment Certificate in the form attached hereto as Exhibit A and executed by both Parties, Escrow Agent will pay the Net Deposit, plus all accrued interest thereon, less any expenses, including but not limited to attorneys’ fees, as instructed on the Payment Certificate or other joint instruction that complies with Section 3.1 below.

2.3 Effect of Termination of Agreement. If the transactions contemplated by the Agreement are not consummated as provided therein, then upon delivery of the Payment Certificate in the form attached hereto as Exhibit A and executed by both Parties, Escrow Agent will pay the Net Deposit, plus all accrued interest thereon, less any expenses, including but not limited to attorneys’ fees, as instructed on the Payment Certificate or other joint instruction that complies with Section 3.1 below.

3. General.

3.1 Proper Certificate. In lieu of the presentation of the Payment Certificate described above, any document purporting to be a certificate will be deemed by the Escrow Agent to be a proper certificate, or will suffice as a joint instruction, if it contains: (i) the name of the payee; (ii) the amount of the payment to be made; (iii) the manner of payment (i.e., by certified or cashiers check, by account-to-account transfer, or by wire transfer, whichever is applicable); and (iv) the signatures of each of the parties hereto, excluding the Escrow Agent.

3.2 Authority of Signatures. Escrow Agent will be entitled to rely upon the authenticity of any signature (and upon any facsimile of a signature as if it were an original signature) and the genuineness and/or validity of any writing received by Escrow Agent from either of the Parties pursuant to or otherwise relating to this Escrow Agreement.

3.3 Authority to Execute. Each signatory to this Escrow Agreement warrants that it has full and complete authority to enter into this Escrow Agreement.

3.4 Request for Written Instructions. The Escrow Agent may at any time request written instructions from the Parties with respect to the interpretation hereof or of action to be taken or suffered or not taken hereunder and, notwithstanding any other provision hereof, will be entitled to withhold (and will not be under any liability to any person for withholding) action hereunder until it has received written instructions signed by all of the Parties.

3.5 Reliance on Advice of Counsel. The Escrow Agent may act upon advice of counsel in reference to any matter connected herewith, and will not be liable for any mistake of fact or error of judgment or for any acts or omissions of any kind unless caused by its willful misconduct or gross negligence.

3.6 Inconsistent Notices; Payment Into Court. In the event of the receipt by the Escrow Agent of any notice, demand, or certificate not provided for or in compliance with this Escrow Agreement or of any inconsistent or conflicting notices or certificates, the Escrow Agent will be protected in taking no action whatsoever with reference to any such notice or demand, unless such inaction constitutes gross negligence or willful misconduct on the part of the Escrow Agent. In case of: (i) receipt of contradictory instructions from the Parties; (ii) any dispute as to any matter arising under this Agreement; or (iii) any uncertainty as to the meaning or applicability of any of the provisions hereof, Escrow Agent may, at its option at any time thereafter, deposit the Deposit and/or documents or assets then being held by it in escrow into a court having appropriate jurisdiction, or take such affirmative steps as it may elect in order to substitute an impartial bank of comparable financial and industrial standing to hold the Deposit and/or documents and will thereby be discharged and relieved of any and all liability hereunder.

3.7 Resignation of Escrow Agent. The Escrow Agent may resign at any time by giving a minimum of 30 days' prior written notice of resignation to the Parties, such resignation to be effective on the date specified in such notice. The Deposit, and any other assets held by the Escrow Agent under the terms of this Escrow Agreement as of the effective date of the resignation, will be delivered to a successor escrow agent designated in writing jointly by the Parties. If no successor escrow agent has been appointed as of the effective date of the resignation, all obligations of the Escrow Agent hereunder will nevertheless cease and terminate, except that the Escrow Agent's sole responsibility thereafter will be to keep safely the Deposit then held by it and to deliver the same to a person designated by both Parties or in accordance with the direction of a final order or judgment or a court of competent jurisdiction.

3.8 Limitation of Duties. The Escrow Agent has no responsibility concerning compliance by the Parties with their duties to each other under this Escrow Agreement or any other agreements. Escrow Agent will have only such duties and obligations as are specifically imposed upon it by the terms and conditions of this Escrow Agreement and no implied duties or obligations will be read into this Escrow Agreement against Escrow Agent.

3.9 Liability of Escrow Agent. The Parties each agree that Escrow Agent will not be liable to either of the Parties for any act or omission hereunder or any matter or thing arising out of its conduct hereunder, except for Escrow Agent's willful misconduct or gross negligence.

Escrow Agent will have no liability of any kind with respect to the Deposit other than to hold, invest (if so provided in Section 2.1.2 above) and release the Deposit or otherwise proceed in accordance with the terms of this Escrow Agreement.

3.10 Indemnification. The Parties, jointly and severally, agree to indemnify and hold harmless Escrow Agent from and against any and all costs including its attorney's fees, claims or damages howsoever occasioned that may be incurred by Escrow Agent acting under this Escrow Agreement or to which Escrow Agent may be put in connection with Escrow Agent acting under this Escrow Agreement, except for costs, claims or…