PROPOSED:

Project ID: 2025-PWP-014

INVITATION TO BID PARKING LOT REHABILITATION (3)

ADVERTISEMENT/RELEASE PROJECT DATE: November 23, 2025

LETTING DUE DATE: December 15, 2025, 12:00 pm

FOR:

City of Bloomington

Public Works - Parking Services Division

401 North Morton Street

Bloomington, IN 47404

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

CONTENTS

1. INTRODUCTIONS

2. PROJECT DETAILS

3. INVITATION TO BIDDERS

4. INSTRUCTIONS TO BIDDERS

5. PRICING TABLE

6. GENERAL CONDITIONS FOR CONSTRUCTION, PUBLIC WORK PROJECTS

7. SUPPLEMENTARY CONDITIONS

8. SPECIAL CONDITIONS

9. VENDOR SUBMISSION

Attachments:

A - Sample Bid Bond Form

B - Sample Performance Bond Form

C - Sample Payment Bond

D - State Form 96

E. Pricing Table

F. E-Verify Affidavit

G. Non-Collusion Affidavit

H - 2025 Vendor Forms Version 9.1.25

I - Escrow docs for Yellow Cardinal

JI - Equal Employment Plan Packet and Contract Compliance Certification

01 INTRODUCTION

1. Important Instructions for Electronic Submittal The City is accepting electronic bid submissions. Bidders must create a FREE account with the OpenGov e-Procurement Portal by signing up at https://procurement.opengov.com/portal/bloomingtonin. Once you have completed account registration, browse back to this page, click on "Submit Response," and follow the instructions to submit the electronic bid.

2. Message to Prospective Bidders Dear Bidder, The City has revised the materials required to demonstrate compliance with the city's equal employment opportunity/LWO/drug test requirements. The AAP and workforce breakdown forms are no longer required.

The new contract compliance packet is attached for prospective bidders/vendors/grant recipients to complete and submit prior to bidding, as was previously done with the AAP and workforce breakdown form. City Legal will provide a letter acknowledging receipt of the attached certification form, along with the date for annual recertification.

City Legal Department

3. Contact Information Project Contact:

Michelle Wahl Parking Services Director 401 N Morton Bloomington, IN 47404 Email: michelle.wahl@bloomington.in.gov Phone: (812) 349-3517

Procurement Contact:

Julie Martindale Long Purchasing Manager 401 N Morton St Ste 240 Bloomington, IN 47404 Email: martindj@bloomington.in.gov Phone: (812) 349-3474

Department:

Public Works - Parking Services Division

02 PROJECT DETAILS

1. Summary NOTICE IS HEREBY GIVEN THAT THE PARKING SERVICES DIVISION THROUGH THE BOARD OF PUBLIC WORKS OF THE CITY OF BLOOMINGTON, INDIANA, WILL RECEIVE SEALED BID SUBMISSIONS THROUGH THE CITY'S PROCUREMENT PORTAL AT:

mailto:michelle.wahl@bloomington.in.gov tel:(812)349-3517 mailto:martindj@bloomington.in.gov tel:(812)349-3474

PARKING LOT REHABILITATION (3)

This project shall include, but is not limited to, resurfacing and re-striping of three (3) parking lots located in Bloomington Indiana. Lot #1 located at 4th & Dunn, Lot #3 located at 4th & Washington, and Lot #5 located at 6th & Lincoln.

Contractors must create a FREE account with the City of Bloomington’s OpenGov e-Procurement Portal by signing up at https://procurement.opengov.com/portal/bloomingtonin and downloading the Bid information packet and documents.

The City is accepting electronic submissions only through the e-Procurement Portal

Bids are to be submitted electronically in proper form, as described in the “Instructions to Bidders.” Bids shall be received at or before 12:00 pm local time on Monday, December 15, 2025. Bids will be publicly opened and read aloud at a Board of Public Works work session on December 15, 2025. Any Bids received after the designated time will not be accepted. Bids will be reviewed, and the award may be made at the December 16, 2025, Board of Public Works meeting or a subsequent meeting.

Work Sessions and Board Meetings are held in the Council Chambers 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.

Each Bidder shall include with their sealed Bid:

1. A properly executed Questionnaire Form 96 of the State Board of Accounts;

2. 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 for a public works project estimated to cost at least $200,000;

3. a properly executed Trench Safety Systems Affidavit, if the project may require creation of a trench of at least five (5) feet in depth;

4. a copy of the bidder’s written plan for an employee drug testing program to test the employees of the bidder for drugs if the estimated cost of the public works project is $150,000 or more;

5. a signed contract compliance certification form;

6. and properly executed Non-Collusion and E-Verify Affidavits.

For Bids of $200,000.00 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.

The City of Bloomington is an equal opportunity employer, and Bidder shall meet all requirements for equal employment under Title VII of the 1964 Civil Rights Act as amended and under the Bloomington Human Rights Ordinance, as amended.

Each Bidder for proposals over $10,000.00 shall submit a signed contract compliance certification form as part of their bid packet by the bid deadline. Bidders who fail to submit the contract compliance certification form by the bid deadline may be subject to disqualification. Each Bidder must ensure that it complies with the City’s contract compliance policy that covers: (1) nondiscrimination of protected classes; (2) anti-harassment; (3) grievance processes for discrimination and harassment; and (4) prohibition of retaliation. If you have any questions, contact the City’s Legal Department at

812.349.3426 or email the City at legal@bloomington.in.gov. The office hours are Monday through Friday, 8-5.

In accordance with Bloomington Municipal Code 2.28, the Bloomington Living Wage Ordinance, contractors that are considered "covered employers" are required to pay their covered employees at least a living wage. The living wage for https://procurement.opengov.com/portal/bloomingtonin https://bloomington.in.gov/boards/public-works mailto:legal@bloomington.in.gov

2026 will be $16.66 per hour for covered employees, and up to 15% of that amount, or $2.50, may be in the form of the covered employer's contribution to health insurance available to the covered employee.

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

For Bids in excess of $300,000 on Public Works projects that are for the construction, improvement, alteration, repair, or maintenance of a road, highway, street, or alley, the Contractor must be pre-qualified with the Indiana Department of Transportation in accordance with Indiana Code 8-23-10.

If the project may require the creation of a trench of at least five (5) feet in depth, the low bidder shall be required to submit a trench safety plan to the project Engineer and or City Project Manager at least ten (10) days prior to beginning work on the project.

The Board of Public Works reserves the right to waive any informality and to accept or reject any or all bids submitted.

The Board of Public Works may hold bids 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.

Board of Public Works, City of Bloomington, Indiana Kyla Cox Deckard, President

Advertisement/Release Project Date November 23, 2025

Question Submission Deadline December 1, 2025, 12:00pm

Question Response Deadline December 5, 2025, 5:00pm

Bid Submission Deadline December 15, 2025, 12:00pm

2. Background The City of Bloomington, Parking Services Division, is soliciting sealed bids for resurfacing and re-striping three parking lots. This project shall include, but is not limited to, the following: Resurfacing and restriping of Lot 1 located at 4th & Dunn, Lot 3 located at 4th & Washington, and Lot 5 located at 6th & Lincoln.

Approximate square footage of Lots:

Lot 1 - 18,900 Lot 3 - 24,400 Lot 5 -20,350

Scope of Work

Contractor shall commence the following scope for Lot 1, Lot 3, and Lot 5.

• Mill 1 ½ inches so as not to change the finished elevation when resurfaced

• Apply 1 ½ inches of surface material after the mill

• ADA Meter poles will need to stay, however, lowered to 48 inches in all lots/if removed, they will need to be replaced (contact parking before removal of any meter heads)

• ADA markings must be replaced

• Straighten all signage poles in lots

• Re-stripe all traffic control ground paint markings, including all parking stalls

• All stripping back to the previous detail

• If bumper blocks are to be removed, then reset after the placement of the surface

• If signage is removed, all signage needs to be reinstalled

• Replacement of bumper blocks if broken during removal

• Clear all unwanted vegetation if present

• Provide barricade for complete lot closure

• Removal of all capped or not capped meter poles (base treatment as needed to fill the voids)

Contractor shall ensure the work area is clean of any debris before and after work is completed.

Contractor shall give a 4-week notice to the Parking Garage Manager, Jess Goodman, before work can commence. Parking Services will need to arrange for these lots to be shut down and current parking clients to be notified in advance so other parking arrangements can be made for reserved spaces or/and pass holders.

Lot 1 Scope Specific Requirements:

o Lot 1 move #1 and #2 ADA 1 accessible aisle space to far east corner of this lot facing 4th Street (see map of lot for ADA space removal and spaces 48 ADA, 47 van accessible-hash markings and then 46 ADA o Install in space 48 one meter post at 48 inches o ADA space #1, #2, #3 and two hash spaces will revert to standard parking stalls

Lot 3 Scope Specific Requirements o Install fourteen (14) meter poles o Metal poles shall be Schedule 40 galvanized pole, 2 5/8" outside diameter, 2" interior diameter with height of

60 inches = 5ft from ground level o Each pole is to be in front of each parking space behind the bumper block in the center aisle and in the center of the parking space o Poles are to be added to parking space numbers 4 – 17

Lot 5 Scope Specific Requirements:

o Patch any excess depressions/potholes; please note in Lot 5 there is a depression approximately 5 x 8 in southwest corner dig out to sub-grade, treat base and surface o In Lot 5 cap curb in the center of the southwest alley o In Lot 5 remove all meter poles except in the middle island (base treatment as needed to fill voids throughout the lot several wholes on west side) o In Lot 5 recap curb on the east side and west side of lot o Add Stencil Numbers (Lot 5 only) o Move entrance sign in Lot 5 over by 3 ft. beyond the accessible aisle

4. Timeline

Advertisement/Release Project Date November 23, 2025

Question Submission Deadline December 1, 2025, 12:00pm

Question Response Deadline December 5, 2025, 5:00pm

Bid Submission Deadline December 15, 2025, 12:00pm

03 INVITATION TO BIDDERS

NOTICE IS HEREBY GIVEN THAT THE Board of Public Works OF THE CITY OF BLOOMINGTON, INDIANA, WILL RECEIVE SEALED BID SUBMISSIONS FOR PARKING LOT REHABILITATION (3), THROUGH THE CITY'S PROCUREMENT PORTAL AT https://procurement.opengov.com/portal/bloomingtonin

This project shall include, but is not limited to, resurfacing and re-striping of three parking lots located in Bloomington Indiana. Lot #1 located at 4th & Dunn, Lot #3 located at 4th & Washington, and Lot #5 located at 6th & Lincoln.

1. Bid Opening and Award Bids are to be submitted in proper form, as described in the “Instructions to Bidders.” Bids will be received at or before 12:00 pm local time on Monday, December 15, 2025. Bids will be publicly opened and read aloud at the Board of Public Works work session on December 15, 2025. Work Sessions and Board meetings are held in the Council Chambers 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 accepted.

Bids will be reviewed, and the award may be made at the Board of Public Works December 16, 2025 meeting, or a subsequent meeting.

2. Bidding Requirements Each Bidder shall include with their sealed Bid:

a) A properly executed Questionnaire Form 96 of the State Board of Accounts;

b) 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 for a public works project estimated to cost at least $200,000;

https://bloomington.in.gov/boards/public-works

c) a properly executed Trench Safety Systems Affidavit, if project may require creation of a trench of at least five (5) feet in depth;

d) a copy of the bidder’s written plan for an employee drug testing program to test the employees of the bidder for drugs if the estimated cost of the public works project is $150,000 or more;

e) a signed contract compliance certification form;

f) and properly executed Non-Collusion and E-Verify Affidavits.

For Bids of $200,000.00 or more, the successful Bidder shall furnish both a performance bond and a payment bond for one hundred percent (100%) of the contract amount prior to the execution of the contract, and the performance bond and the payment bond shall remain in effect for a period of one (1) year after final acceptance of the work.

The City of Bloomington is an equal opportunity employer, and Bidder shall meet all requirements for equal employment under Title VII of the 1964 Civil Rights Act as amended and under the Bloomington Human Rights Ordinance, as amended.

Each Bidder for proposals over $10,000.00 shall submit a signed contract compliance certification form as part of their bid packet by the bid deadline. Bidders who fail to submit the contract compliance certification form by the bid deadline are subject to disqualification. Each Bidder must ensure that it complies with the City’s contract compliance policy that covers:

(1) nondiscrimination of protected classes; (2) anti-harassment; (3) grievance processes for discrimination and harassment; and (4) prohibition of retaliation. If you have any questions, contact the City’s Legal Department at

812.349.3426 or email the City at legal@bloomington.in.gov. The office hours are Monday through Friday, 8-5.

In accordance with Bloomington Municipal Code 2.28, the Bloomington Living Wage Ordinance, contractors that are considered "covered employers" are required to pay their covered employees at least a living wage. The living wage for 2026 will be $16.66 per hour for covered employees, and up to 15% of that amount, or $2.50, may be in the form of the covered employer's contribution to health insurance available to the covered employee.

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

For Bids in excess of $300,000 on Public Works projects that are for the construction, improvement, alteration, repair, or maintenance of a road, highway, street, or alley, the Contractor must be pre-qualified with the Indiana Department of Transportation in accordance with Indiana Code 8-23-10.

If the project may require creation of a trench of at least five (5) feet in depth, the low bidder shall be required to submit a trench safety plan to the project Engineer and or City Project Manager at least ten (10) days prior to beginning work on the project.

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 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.

04 INSTRUCTIONS TO BIDDERS

1.00 CONTRACT DOCUMENTS

1.01 DEFINED TERMS

1.01.01 Bidder: The individual or entity who submits a Bid directly to the City.

1.01.02 Successful Bidder: The lowest responsible and responsive Bidder to whom City makes an award.

1.02 INSPECTION OF THE SITE

Bidder shall examine each of the Contract Documents, visit the sites 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, questions should be submitted through the procurement portal at:

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

Interpretation of the proposed contract documents will be made only by addendum. A copy of each addendum will be posted on the procurement portal. The City will not be responsible for any other explanations or interpretations of the proposed contract documents.

1.04 INTERPRETATIONS AND ADDENDA

City 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 Bid Documents through the procurement portal at https://procurement.opengov.com/portal/bloomingtonin .

Interpretations or clarifications considered necessary by the City in response to such questions will be issued through the procurement portal and by Addenda delivered to all registered contractors. Questions must be received no later than 12:00 pm noon, December 1, 2025. Deadline for responses is 5:00 pm, December 5, 2025.

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 submitted through the procurement portal at or before 12:00 pm local time on Monday, December 15, 2025. Bids will be publicly opened and read aloud at a work session or regular meeting of the Board of Public Works at December 15, 2025, in the Council Chambers of City Hall at the Showers Building, 401 N. Morton Street, Bloomington, Indiana. Any Bids received after the designated time will not be accepted. Bids will be reviewed and the award may be made at the December 16, 2025, regular meeting of the Board of Public Works which will be held in the Council Chambers of City Hall at the Showers Building, 401 N. Morton Street, Bloomington, Indiana, or a subsequent meeting of the

Board of Public Works. If requested by project manager, the City’s Substitute IRS W-9 form shall be executed by Bidder and received by the City prior to the issuance of a Notice to Proceed to Bidder.

2.01 BASIS OF BID: Bidders must submit a Bid on a unit price basis for each item of work listed in the unit price section of the Bid Form. The “Bid Price” (sometimes referred to as the extended price or Bid Amount) for each unit price Bid item will be the product of the “Approximate Quantity”, which City or its representative has set forth in the Bid Form, for the item and the corresponding “Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by City for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with CHANGE OF CONTRACT PRICE section of the General Conditions.

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 their Bid using their usual signature and giving their 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 their signature the word “president” or “secretary,” “agent,” or other designation without disclosing their principal may be held to be the Bid of the individual signing. When requested by the City, 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: Pursuant to the “Invitation to Bidders” sealed Bids for performing the work shall be submitted through the procurement portal before 12:00 pm local time on Monday, December 15, 2025. Hard copy (paper) Bid Submissions are discouraged, but still may be delivered prior to Bid opening. Each hard copy 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, Atrium, Bloomington, Indiana, on the date and at the time provided above in 2.00 BIDS. Hard copy Bids that do not contain all of the required submission documents found on the procurement portal may be rejected by the Board.

2.05 INDIANA LEGAL REQUIREMENTS: Each bidder shall submit under oath with their Bid a statement of their 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 of $200,000 or more 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 “City”, and the amount of said Bid Guarantee may be retained by and forfeited to the City 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 City.

2.07 RETURN OF BID GUARANTEE: The Bid Guarantee deposit of each unsuccessful Bidder will be returned when their 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 their 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 their 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 City 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 the 'Request for taxpayer identification number and certification' form of the City of Bloomington and shall file the same with their Bid. The information contained therein shall be used by the City 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:

1. 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.

2. For Bids in excess of $300,000 on Public Works projects that are for the construction, improvement, alteration, repair, or maintenance of a road, highway, street, or alley, the Contractor must be pre-qualified with the Indiana Department of Transportation in accordance with Indiana Code 8-23-10.

4.00 EXECUTION OF CONTRACT

Any Bidder whose Bid shall be accepted will be required to execute the Contract within fifteen (15) days after notice that the Contract has been awarded to them. 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 their Bid and the acceptance thereof shall be null and void and the City 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 City 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. All work shall be completed within Work should start June 1, 2026 and be completed in 45 days weather permitting. Calendar days after the date of the notice to proceed. Calendar and work days shall be as defined in the General Conditions of these documents.

4.04 TAXES AND PERMITS: Attention is directed to the requirements of the General Conditions regarding payments of taxes and obtaining permits. The Contractor shall be responsible for obtaining all necessary 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 City, 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 $200,000.00 or more, the Bidder to whom a contract is awarded will be required to furnish a Performance Bond to the City 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 City.

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:

Modifications, omissions, or additions;

Defects in the contract; or Defects in the Bidding or awarding process.

4.07 PAYMENT BOND: For all contracts in the amount of $200,000.00 or more, the Bidder to whom a contract is awarded will be required to furnish a Payment Bond to the City 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 City. 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 a signed contract compliance certification form as part of their bid packet by the bid deadline. Bidders who fail to submit the contract compliance certification form by the bid deadline are subject to disqualification. Each Bidder must ensure that it complies with the City's contract compliance policy that covers: (1) nondiscrimination of protected classes; (2) anti-harassment; (3) grievance processes for discrimination and harassment; and (4) prohibition of retaliation. If you have any questions, contact the City's legal department at (812) 349-3426 or email the City at legal@bloomington.in.gov. The office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m.

4.10 PERMITS: Contractor is responsible for obtaining all permits.

05 PRICING TABLE

The Contractor or Vendor acknowledges that each Unit Price includes an amount considered by the Contractor or Vendor, to be adequate to cover Contractor’s overhead and profit for each separately identified item, and estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

A pricing table has been included as part of the attachments to this project in the OpenGov e-Procurement Portal.

06 GENERAL CONDITIONS FOR CONSTRUCTION, PUBLIC WORK PROJECTS

1.00 DEFINITIONS

The City, the Contractor, and the Engineer and or City Project Manager are those mentioned as such in the Agreement.

Throughout the Contract Documents, they are treated as if each were of the singular number and masculine gender.

Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

01.01 ADDENDA

Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, by additions, deletions, clarifications, or corrections. Addenda will become part of the Contract Documents when the Agreement is executed.

01.02 AGREEMENT

The contractual agreement between the Contractor and the City.

01.03 APPLICATION FOR PAYMENT

The document prepared by the Contractor, in a form acceptable to the Engineer and or City Project Manager, to request progress or final payments, including accompanying documentation required by the Contract Documents.

01.04 QUOTE

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

01.05 BID

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

01.06 QUOTER

Any person, firm, or corporation submitting a Quote for the Work.

01.07 BIDDER

Any person, firm, or corporation submitting a Bid for the Work.

01.08 BOARD

The City of Bloomington Board responsible for approving and awarding the contract for the requested work.

01.09 BONDS

Bid, performance, and payment bonds and other instruments of security, furnished by the Contractor and his surety in accordance with the Contract Documents.

01.10 CALENDAR DAY

Every day shown on the calendar.

01.11 CHANGE ORDER

A written order to the Contractor signed by the City authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.

01.12 CITY

The City of Bloomington is named and designated in the Agreement and Contract Documents as “City,” acting through the designated Board and its authorized agents. All notices, letters, and other communication directed to the City shall be addressed and delivered to the Office of the City of Bloomington Department issuing this request, 401 North Morton St., Bloomington, Indiana, 47404.

01.13 CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Engineer, or designated Project Manager, and the Contractor, (2) between the City and a Subcontractor or Sub subcontractor, or (3) between any persons or entities other than the City and Contractor.

01.14 CONTRACT DOCUMENTS

The Agreement, Addenda (whether issued prior to the opening of Bid or the execution of the Agreement), Change Orders issued by the City or Engineer and or City Project Manager, Invitation to Bidders, Instructions to Bidders, Proposal, Non- Collusion Affidavit, Questionnaire, Contractor’s Bid, the Bonds, Employment Requirements and Wage Rates, Notification Procedures, General Equipment Stipulations, the Notice of Award, the Notice to Proceed, these General Conditions, the Special Conditions, the Specifications, Drawings, and Modifications.

01.15 CONTRACT PRICE

The total amount payable to the Contractor under the Contract Documents.

01.16 CONTRACT TIME

The number of days stated in the Agreement for the completion of the Work, computed as provided in these General Conditions; or by the date set forth in the Agreement.

01.17 CONTRACTOR

The person, firm, or corporation with whom the City has executed the Agreement and is referred to throughout the Contract Documents as if singular in number. The term “Contractor” means the Contractor or the Contractor’s authorized representative. The relationship of the Contractor to the City shall be that of an independent contractor.

01.18 DAY

A calendar day of twenty-four hours measured from midnight to the next midnight.

01.19 DATE OF CONTRACT

The date written in the first paragraph of the Contract Agreement.

01.20 DRAWINGS OR PLANS

The graphic and pictorial portions of the Contract Documents, wherever located or whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

01.21 ENGINEER

Engineer (hereinafter “City Engineer and or City Project Manager”), city department project manager, person, firm, or corporation named by the City, or the duly authorized agents of the city, acting within the scope of the duties entrusted to them.

01.22 FIELD ORDER

A written order issued by the Engineer and or City Project Manager that requires minor changes in the Work but does not change the Contract Price or the Contract Times.

01.23 MODIFICATION

(a) A written amendment of the Contract Documents signed by both parties. (b) A Change Order. (c) A written clarification or interpretation issued by the Engineer and or City Project Manager. (d) A written order for a minor change or alteration in the Work issued by the Engineer and or City Project Manager. A Modification may be issued only after execution of the Agreement.

01.24 NOTICE OF AWARD

The written notice by City to a Bidder of City's acceptance of the Bid.

01.25 NOTICE TO PROCEED

A written notice given to the Contractor by the City (with a copy to the Engineer and or City Project Manager or Project Manager) fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform his or her obligations under the Contract Documents.

01.26 PROGRESS SCHEDULE

A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the contract times.

01.27 PROJECT

The total construction of which the Work performed under the Contract Documents may be the whole or a part, and which may include construction by the City or by separate contractors.

01.28 RESIDENT PROJECT REPRESENTATIVE

The authorized representative of Engineer and or City Project Manager assigned to assist Engineer and or City Project Manager at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff.

01.29 RESPONSIBLE QUOTER

One who is fully capable of performing the contract requirements and who has the integrity and reliability to ensure faithful performance.

01.30 RESPONSIBLE BIDDER

One who is fully capable of performing the contract requirements and who has the integrity and reliability to ensure faithful performance.

01.31 RESPONSIVE QUOTER

One who has submitted a Quote conforming in all material respects to the Contract Documents.

01.32 RESPONSIVE BIDDER

One who has submitted a Bid conforming in all material respects to the Contract Documents.

01.33 SHOP DRAWINGS

All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work.

01.34 SPECIFICATIONS

Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work, and performance of related services.

01.35 SUBCONTRACTOR

An individual, firm, or corporation having a direct contact with the Contractor or with any other Subcontractor for the performance of a part of the Work to a special design at the site, but does not include a firm which merely furnishes material. All Subcontractors performing work having a value over $10,000.00 must be approved prior to performing any work under this contract agreement. No compensation shall be paid for any work performed without prior approval.

01.36 SUBSTANTIAL COMPLETION

The date as determined by the Engineer and or City Project Manager when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there be no such determination, the date of final completion and acceptance.

01.37 WORK

Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to, or undertaken by, the Contractor under the Contract Documents, including all labor, materials, equipment, and other incidentals, and the furnishing thereof.

01.38 WORK CHANGE DIRECTIVE

A written directive to Contractor issued on or after the Effective Date of the Contract, signed by City and recommended by Engineer and or City Project Manager, ordering an addition, deletion, or revision in the Work.

01.39 MISCELLANEOUS DEFINITIONS

1.39.1 As Ordered, As Directed, As Required, As Permitted, As Allowed. The order, directions, requirement, permission, or allowance of the City or Engineer and or City Project Manager is intended only to the extent of judging compliance with the Contract Documents. The terms do not imply that the City or Engineer and or City Project Manager has any authority or responsibility for supervision of the Contractor’s forces or construction operations. Such supervision is the sole responsibility of the Contractor.

1.39.2 Reasonable, Suitable, Acceptable, Proper, Satisfactory. The terms reasonable, suitable, acceptable, proper, and satisfactory mean such to the City or Engineer and or City Project Manager, and are intended only to the extent of judging compliance with the Contract Documents.

1.39.3 Understood and Agreed. Whenever in these Contract Documents the expression “it is understood and agreed” or an expression of like import is used, such expression means the mutual understanding and agreement of the parties executing the Contract Agreement.

02.00 EXECUTION OF AGREEMENT

2.01 Execution of Agreement. The Agreement and other Contract Documents will be executed as set forth in the Special Conditions.

2.02 Delivery of Bonds and evidence of insurance. When the executed Agreements are delivered to the City, the Contractor shall also deliver to the City such Bonds and evidence of insurance as he or she may be required to furnish in accordance with the Agreement.

2.03 Copies of Documents. The City, upon request from the Contractor, shall furnish to the Contractor the number of copies of the Contract Documents set forth in the Special Conditions or a minimum of one (1) set of complete documents.

2.04 Contractor’s Pre-Award Representations. The Contractor represents that he or she has familiarized them self with, and assumes full responsibility for having familiarized them self with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that may in any manner affect performance of the Work, and represents that he or she has correlated his or her study, observations and site visits with the requirements of the Contract Documents. The Contractor also represents that he or she has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he or she has correlated the results of all such data with the requirements of the Contract Documents.

2.05 Commencement of Contract Time; Notice to Proceed. Unless otherwise provided in the Special Conditions, the Contractor will be expected to start active and continuous work on the contract within fifteen (15) calendar days after the date of the Notice to Proceed. In no case shall work begin prior to the date of the Notice to proceed unless this time is waived and mutually agreed upon and indicated on the Notice to Proceed. If a delayed starting date is indicated in the proposal, the fifteen (15) calendar day limitation shall be waived. Work day charges will then begin on a date mutually agreed upon, but not later than the delayed starting date specified. In the event that any contract is canceled after an award has been made but prior to the issuing of the Notice to proceed, no reimbursement will be made for any expenses accrued relative to this contract during that period.

2.06 Starting the Project. The Engineer and or City Project Manager shall be notified at least three (3) days in advance of the date on which the work is expected to begin. Should the prosecution of the work for any reason be discontinued, the Engineer and or City Project Manager shall be notified at least twenty-four (24) hours in advance of resuming operations.

2.07 Before Starting Construction. Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall at once report in writing to the Engineer and or City Project Manager any conflict, error, or discrepancy which he or she may discover. However, he or she shall not be liable to the City or Engineer and or City Project Manager for his or her failure to discover any conflict, error, or discrepancy in the Drawings or Specifications.

2.08 Submission of Schedules. Within ten (10) days after delivery of the executed Agreement by the City to the Contractor, the Contractor shall submit to the Engineer and or City Project Manager for review, an estimated progress schedule that shall be in ‘Critical Path’ format and indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions and other specified schedules.

The ‘Critical Path’ schedule must include all possible overlapping work that can be accomplished should one action or function not be available or accessible to the contractor in order to show that the Contractors interrelated activities that will control the work path to complete the project within the time limits set forth for the project.

Contracts with fewer than sixty (60) calendar days completion time, fewer than thirty-five (35) work days, or fewer than sixty (60) days between the date of the notice to proceed and the completion date do not need to submit a progress schedule. The progress schedule may be used as a basis for establishing major construction operations and as a check on the progress of the work. The Engineer and or City Project Manager shall be notified at least three

(3) days in advance of the date on which the work is expected to begin. Sufficient materials, equipment, labor shall be provided by the Contractor to meet the progress schedule (if required) and to guarantee the completion of the project in accordance with the plans and specifications.

03.00 CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS

It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the City and the Contractor. They may be altered only by a Modification.

The Contract Documents are complementary. What is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error, or discrepancy in the Contract Documents, the Contractor shall call it to the Engineer and or City Project Manager’s attention in writing at once. Before proceeding with the Work affected thereby, the Contractor shall not be liable to the City or Engineer and or City Project Manager for their failure to discover any conflict, error, or discrepancy in the Specifications or Drawings. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials, or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards.

In case of discrepancy, and subject to the…