RS-26-001_Crack_Sealing_2026_(Addendum_#1_Revision).pdf

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City of Indianapolis and Marion County

Request for Bid – Construction

RS-26-001 CRACK SEALING 2026

RFB-14DPW-1833

Invitation For Bid #RFB-14DPW-1833 2

Title: RS-26-001 Crack Sealing 2026

Table Of Contents

1. NOTICE TO BIDDERS

2. TIMELINE

3. INSTRUCTIONS TO BIDDERS

4. PRICING PROPOSAL

5. ADDITIONAL REQUIREMENTS

6. SPECIAL CONDITIONS

7. TECHNICAL SPECIFICATIONS

8. VENDOR QUESTIONNAIRE

9. ATTACHMENTS

Attachments:

A - RS-26-001 Contract Package

B - Additional Declarations

C - Post Bid Documents

D - General Conditions

E - Special Conditions & Technical Specs

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1. NOTICE TO BIDDERS

Consolidated City of Indianapolis

Department: Department of Public Works 200 E. Washington Street, Suite 2401 Indianapolis, Indiana 46204

Project/Work: RFB-14DPW-1833 RS-26-001 Crack Sealing 2026

Notice is hereby given that the Purchasing Division of Indianapolis and Marion County will receive sealed bids for RS-26-001 Crack Sealing 2026 through the Procurement Portal, until 10:00 am prevailing local time, and commencing as soon as practicable thereafter on the same date such bids will be publicly opened.

A Bid Bond or certified check in an amount not less than five percent (5%) of the amount bid must be submitted with each Bid. A one hundred percent (100%) Performance and Payment Bond will also be required of the successful Bidder.

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

Crack Sealing in Marion County

Contract Documents for the Project/Work have been assembled into one or more bound Project

Manuals which may be examined at the following location:

City of Indianapolis Purchasing Department 200 East Washington Street Suite 1522, City-County Building Indianapolis, Indiana 46204

Should the need arise for professional printing services of the documents, we recommend the services of Repro Graphix. Contact information may be found at www.reprographix.com. BID

PACKAGES WILL NOT BE AVAILABLE FOR SALE IN THE PURCHASING DIVISION OFFICE OR

THE DEPARTMENT OF PUBLIC WORKS.

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

This Work will be funded by the City of Indianapolis. The participation goal for Minority Business

Enterprise (MBE) for this contract is fifteen percent (15%). The participation goal for Women Business

Enterprise (WBE) for this contract is eight percent (8%). The participation goal for Veteran Business

Enterprise (VBE) is three percent (3%). The participation goal for Disability-owned Business

Enterprise (DOBE) is one percent (1%).

A Non-Mandatory pre-bid conference for discussion of the Work, the bidding requirements and other important matters pertaining to MBE/WBE/VBE/DOBE contracting opportunities will be held on https://www.reprographix.com/

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Tuesday, September 15, 2026, at 1:00 pm local time at Conference Room 341 in the City-County

Building.

All prospective Bidders are strongly urged to attend the pre-bid conference to learn about other efforts to meet MBE/WBE/VBE/DOBE goals.

All Bidders will be subject to the MBE/WBE/VBE/DOBE Business Utilization Plan (“Utilization Plan”), of the City of Indianapolis. In evaluating a Bidder’s responsibility, the City will consider the Bidder’s

Affirmative Action plan.

For accommodations needed by persons with disabilities to attend the public bid opening meeting, please call 327-4900.

The City of Indianapolis reserves the right to reject any or all bids or to waive any informalities and to accept the bid which it deems most favorable to the interests of the City after all bids have been examined and canvassed.

Dave Condon Purchasing Administrator

2. TIMELINE

Release Project Date: September 4, 2026

Pre-Bid Meeting (Non-Mandatory): September 15, 2026, 1:00pm

Conference Room 341 in the City-

County Building

Question Submission Deadline: September 18, 2026, 12:00pm

Response Submission Deadline: October 1, 2026, 10:00am

3. INSTRUCTIONS TO BIDDERS

Consolidated City of Indianapolis

Department ("Owner"): Department of Public Works 200 E. Washington Street, Suite 2401 Indianapolis, Indiana 46204

Project/Work: RFB-14DPW-1833 RS-26-001 Crack Sealing 2026

Owner's Representative: Richard Wilczynski

Engineer: N/A

3.1. GENERAL

1.1 Submission of a Bid shall constitute an unconditional agreement and acknowledgment by the

Bidder to be bound by all terms and conditions set forth herein and in any of the documents

Invitation For Bid #RFB-14DPW-1833 5 assembled or referred to in the bound Project Manual of which these Instructions to Bidders are a part.

1.2 Sample forms are included in the Project Manual to acquaint Bidders with the form and provisions of various Bid Documents and other documentation required by the Contract Documents to be executed, completed and submitted by some or all Bidders, either as part of a Bid Submission or after the Bid Date. Such sample forms are not to be detached from the Project Manual, or filled out or executed. Separate copies of such forms and any other required documentation prescribed by the

Contract Documents have been or will be furnished separately by the Owner and must be obtained directly from the City Purchasing Division.

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

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

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

1.4 By submitting bid the Bidder agrees the bid proposal and price(s) contained herein shall be valid for ninety (90) days from bid opening.

3.2. DEFINITIONS

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

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

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

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

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

2.4 Bid Date - The date when Bids are to be received, opened and publicly read aloud as established by the Notice to Bidders as may be modified by Addenda.

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

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

Contract Documents), Instructions to Bidders, Advertisement, Notice to Bidders, Bidder’s Bid

(including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the General Conditions, the Additional

Requirements Section, any supplemental or special conditions, the Specifications and the Drawings, as the same are more specifically identified in the Agreement.

2.7 Disability-owned Business Enterprise (DOBE) – A business which is certified as a Disability-

Owned Business Enterprise by the City of Indianapolis. Certifications are conducted pursuant to

Chapter 49 Code of Federal Regulations, as amended, and the City Utilization Plan.

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2.8 E-Verify Program - An electronic verification of work authorization program of the Illegal

Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV, s.403(a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603).

2.9 Minority Business Enterprise (MBE) - A business which is certified as a Minority Business

Enterprise by the City of Indianapolis. Certifications are conducted pursuant to Chapter 49 Code of

Federal Regulations, as amended, and the City Utilization Plan.

2.10 Owner - The City of Indianapolis acting by and through the Department or other agency designated above.

2.11 Project Manual - The bound set of documents, sample forms, and Contract Documents

(excluding plans and Addenda) approved by the Owner for the Work and/or Project described in the

Notice to Bidders and of which these Instructions to Bidders are a part.

2.12 Veteran Business Enterprise (VBE) – A business which is certified as a Veteran Business

Enterprise by the City of Indianapolis.

2.13 Women Business Enterprise (WBE) - A business which is certified as a Women Business

Enterprise by the City of Indianapolis. Certifications are conducted pursuant to Chapter 49 Code of

Federal Regulations, as amended, and the City Utilization Plan.

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

3.3. EXAMINATION OF SITE AND DOCUMENTS

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

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

3.3 Bidders shall carefully and thoroughly examine the plans, specifications and other Contract and/or

Project Manual Documents and shall assume the full risk of their own judgments as to the nature, quality and amount of the whole of the Work to be done, and for the price bid must assume all risk of any and all variances or errors in any computation or statement of amounts or quantities necessary to complete the Work in strict compliance with the Contract Documents.

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

3.5 Information stated or depicted on plans concerning the location, dimensions, depth and other characteristics of underground structures and utilities is given only as general information and shall not be construed or relied upon by Bidders as a representation or assurance that such structures or utilities will be found or encountered as plotted, or that such information is complete or accurate.

Bidders, therefore, shall satisfy themselves by such means as they may deem proper as to the location of all structures and utilities that may be encountered in construction of the Work and shall bear the risk of the number, type, location, dimensions and depth of all structures and utilities thus encountered.

3.6 The current edition of the City of Indianapolis Standard General Conditions for Construction

Contracts, is incorporated by reference as part of this bid. Copies are available at https://www.indy.gov/activity/public-works-specifications-and-manuals.

3.4. CLARIFICATIONS AND ADDENDA

4.1 If a Bidder finds conflicts, errors, discrepancies or ambiguities in the Contract Documents or any sample form, or if the Bidder is in doubt as to the intended meaning of any portion or provision therein, the Bidder shall at once give written notice thereof to the Owner’s Representative, at least seven (7) consecutive calendar days prior to the Bid Date. No Bidder shall be allowed any extra compensation or time extension by reason of any conflict, error, discrepancy or ambiguity of which the Bidder had actual knowledge or reasonably should have known and which he/she failed to report within the period and in the manner required by these Instructions to Bidders.

4.2 No material changes, clarifications or interpretations of the Contract Documents will be issued except by written or graphic Addenda mailed or delivered to record holders of Contract Documents not less than three (3) days prior to the Bid Date. All such Addenda must be acknowledged by the

Bidder and will become a part of the Contract Documents. The Owner will not be responsible for or bound by any oral or written interpretations or clarifications of the Contract Documents which anyone presumes to make on its behalf, except by an Addendum issued in accordance with this Section.

3.5. BID SUBMISSION

5.1 All Bid Documents shall be placed within a sealed envelope which shall be plainly labeled on the outside with the name and address of the Bidder along with the RFB number, Project name and number (if applicable) and Due Date. If forwarded by mail, the sealed envelope must be enclosed in another envelope addressed to: City of Indianapolis, Purchasing Division, 200 E. Washington Street, Suite 1522, City-County- Building; Indianapolis, Indiana 46204.

5.2 All Bid Documents as herein prescribed must be submitted with and as integral parts of each Bid

Submission and shall be subject to all requirements of the Contract Documents, including drawings and these Instructions to Bidders. Bid Documents must be properly filled in and completed in every material respect and without interlineations, excisions, special conditions, qualifications or exceptions.

Each Bid Document requiring a signature shall be signed by an individual duly authorized to execute such document on Bidder’s behalf. A bid executed by a corporation, joint venture, or other entity with https://www.indy.gov/activity/public-works-specifications-and-manuals

Invitation For Bid #RFB-14DPW-1833 8 an assumed name shall have the legal and correct name thereof followed by the word “by” and the signature and title of the officer or other person authorized to sign for it.

5.3 The Bid Documents to be thus submitted by each Bidder shall consist of all of the following (5.3.1, 5.3.2, 5.3.3):

.1 Bidder’s Itemized Proposal and Declarations. A sample of this form is included in the Project

Manual and must be utilized by all Bidders. Such document includes and consists of the following constituent “Parts”:

“Part 1 - Bidder Information” “Part 2 - Proposal (Bid)” “Part 3 - Contract Items and Unit Prices” “Part 4 - Contract Documents and Addenda” “Part 5 - Exceptions” “Part 6- MBE/WBE/VBE/DOBE Participation, including all forms required by the City of

Indianapolis Office of Minority & Women Business Development” “Part 7A- Nepotism Disclosure Form” “Part 7- Additional Declarations, including certification required by IC 5-22-16.5” “Part 8 – Legal Violations” “Part 9 – Staffing Capabilities” “Part 10 – Tax Deficiencies” “Part 11 – Drug Testing” “Part 12 - Non-Collusion Affidavit” “Part 13 - E-Verify Affidavit” “Part 14 - Signatures”

.2 Bid Security in the form of a Bid Bond or Certified Check in an amount not less than five percent (5%) of the bid price. Such Bid Security shall serve as security to insure the execution of the Agreement and the furnishing of other required documents by the successful Bidder, including Performance and Payment Bonds. A sample Bid Bond form is included in the Project

Manual and such form, or such other form as may be approved in advance by Owner, shall be utilized if such a bond is furnished as Bid Security. A Bid Bond shall be executed by a surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on

Federal Bonds” as published in the U.S. Treasury Department Circular No. 570; the Bidder shall also furnish as part of the Bid Submission a signed power of attorney establishing the authority of the person executing such Bid Bond on behalf of the surety. Bid Security shall be held until the Contract is executed with the successful Bidder. In the event that all bids are rejected, the

Bid Security of all Bidders will be returned upon request. No “Annual” bid bonds, cash deposits or cashiers’ checks will be accepted.

.3 Standard Questionnaire and Financial Statement (City Form 102) or Contractor’s Bid for

Public Work (State Form 96). Such form is available from the City Central Purchasing Division and their website at https://www.indy.gov/activity/find-bid-opportunities and will be used in consideration of a Bidder’s ability to perform its obligations under the terms of the contract

Documents and in determining other material factors bearing upon a Bidder’s responsibility. If https://www.indy.gov/activity/find-bid-opportunities

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Bid is under $150,000 either of these forms may be submitted as a Post-Bid submittal under

Section 6, Post Bid Requirements.

5.4 Bids may be withdrawn in person by a Bidder during normal hours of business prior to the time fixed for opening of Bids. In the event of a valid withdrawal of a Bid, the Bid Security of the withdrawing Bidder will be returned promptly. No Bid may be withdrawn after opening of Bids has commenced except after expiration of such period following the Bid Date as specifically provided by law, plus any extension thereof as provided elsewhere in these Instructions to Bidders. Bidder’s failure to provide all completed documentation as required in ITB Section 5.3 may result in Bid being deemed non-responsive.

3.6. POST-BID REQUIREMENTS

Within three (3) business days of notification by Owner, the apparent lowest responsive Bidder will be required to submit additional documents and satisfy additional requirements as conditions to such

Bidder being found by the Owner to be a responsible Bidder, as follows:

6.1 Affirmative Action Plan. The Bidder shall provide its Affirmative Action Plan and a properly completed and executed “City of Indianapolis - EQUAL OPPORTUNITY COMPLIANCE” form for approval by the City’s Office of Minority & Women Business Development (OMWBD). If a Bidder has fifteen (15) or fewer employees he shall submit an Affirmative Action Policy statement. Otherwise, he shall submit the Indiana Plan/Affirmative Action Certification. A Bidder must submit these items unless they have previously been submitted, accepted and found to be satisfactory by OMWBD during the current calendar year (year of bid opening). If the Bidder has received a letter of compliance from OMWBD for the current calendar year, he/she should submit a copy of such letter.

.1 Minimum Minority and Female Workforce Utilization Goals. The goals and timetables for minority and female participation, expressed in percentage terms for the Bidder’s aggregate work force in each trade on all construction work in the covered area, are as follows:

Goals for female participation in each trade: 6.9%

These goals are applicable to all the Bidder’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Bidder performs construction work in a geographical area located outside of the geographical area where the work is actually to be performed, the Bidder also is subject to the goals for both its Federally involved and non-federally involved construction in that area.

The Bidder’s compliance with this provision shall be based on its implementation of an affirmative action plan and its efforts to meet the goals set forth in this paragraph. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the Bidder shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the Bidder’s goals, shall be a violation of the contract. Compliance with the goals will be measured against the total work hours performed.

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

6.3 Surety Letter of Intent. The Bidder shall furnish a written statement or letter from a Surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds” as published in U.S. Treasury Department Circular No. 570, which assures the Owner that, in the event the Bid is accepted and a contract is awarded by Owner, said Surety will execute and deliver both a

Performance Bond and Payment Bond as required by the Contract Documents.

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

6.5 Application for MBE/WBE/VBE/DOBE Waiver Program. If Bidder has not met all goals as set out in Section 9.1, the Bidder shall submit a completed Application for MBE/WBE/VBE/DOBE Program

Waiver including all backup documentation as prescribed by Section 9 of these Instructions to

Bidders.

6.6 Subcontractor/Supplier List. The Bidder shall submit all documentation required under Section 9.4 of these Instructions to Bidders, including all MBE/WBE/VBE/DOBE requirements (POST-BID-4).

6.7 Manufacturers List. The Bidder shall submit a complete list of all equipment and supplies that are listed in the Manufacturer’s List (POST-BID-5).

6.8 E-Verify Documentation. - The Bidder shall submit verification that it is enrolled in and participating in the E-Verify program (POST-BID-6).

6.9 Eligibility to do Business. The Bidder shall submit a copy of a print-out of the Indiana Secretary of

State’s online records for the bidder dated within sixty (60) days of the submission showing that the

Bidder is in existence, is current with the Secretary of State’s Business Entity Reports, and is eligible for a certificate of good standing. This does not apply to Bidders who are individuals, sole proprietors, or partnerships (POST-BID-7).

6.10 Apprentice and Training. The Bidder shall submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor’s Office of Apprenticeship, or its successor organization (POST-BID-8).

6.11 Project Managers. The Bidder shall submit a list of the names and descriptions of relevant management experience of each of the bidder’s project managers and superintendents that the

Bidder intends to assign to work on the project (POST-BID-9).

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6.12 Licensure. The Bidder shall submit proof of any appropriate professional or trade licenses held by the Bidder and its management personnel required by law for any trade or specialty area in which the Bidder is seeking a contract award. The Bidder shall also disclose any letters of suspension or revocation issued in the previous five (5) years of any such license held by the company, or of any director, officer, or manager of the Bidder (POST-BID-10).

6.13 Surety. The Bidder shall submit evidence of utilization of a surety company listed as an approved surety by the United States Department of the Treasury. (POST-BID-11).

6.14 Bidder Qualification. For contracts estimated to be at least $300,000.00, the Bidder shall submit evidence that it and all relevant subcontractors have been qualified under IC 4-13.6-4 or IC 8-23-10

(POST-BID-12).

3.7. BID EVALUATION AND AWARD

7.1 Award of the Contract will be made to the lowest, responsive and responsible Bidder, where the

Bid is reasonable and does not exceed the funds available for the project. The Owner reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other irregularities in Bid Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders.

7.2 The Owner shall have the right to reject any Bid if investigation of the Bidder fails to satisfy the

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

7.3 For unit price Contract Items, estimated quantities and unit prices will serve as the basis for determining the proposed price of each Bid. Patent math errors in statements of Bid prices or totals may be corrected by the Owner or Engineer, in which case the corrected amounts will be used for the purpose of Bid evaluation, comparison and other award considerations. However, neither the Owner nor the Engineer shall be required to discover or correct any error or omission in a Bid and the Bidder shall assume the risk of and be bound to the consequences of any such error or omission.

7.4 The Owner may, at its sole option, award the Contract to a Bidder on a conditional basis to afford the Bidder additional time and opportunity to submit required documents or to fulfill other requirements. In such case, the Owner will furnish to the Bidder a notice of conditional award which will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be satisfied. If the Bidder fails to satisfy the conditions in the manner and within the time specified in such notice, the Owner may declare such Bidder to be non-responsible and award the Contract, conditionally or unconditionally, to another Bidder. Time limitations governing the Owner’s award of the Contract shall be extended for such additional period as may be required to effectuate the conditional award procedure set forth in this sub-section, and no

Bid may be withdrawn during such period of extension.

3.8. CONTRACT EXECUTION; SUBMITTALS

8.1 Within three (3) business days after the award notice, the successful Bidder shall sign and deliver at least three (3) counterparts of the Agreement, utilizing the form thereof included in the Project

Manual and make delivery thereof to the Owner, along with other documents as prescribed by the

Contract Documents. After execution and delivery of the Agreement and other required documents, Invitation For Bid #RFB-14DPW-1833 12 and acceptance thereof by the Owner, the Bid Security furnished by each Bidder will be returned to the respective Bidders upon request.

8.2 If the Bidder fails or neglects to execute and deliver the Agreement and other required documents as prescribed by the preceding sub-section, the Bidder shall be deemed to have repudiated the

Contract and thereupon the award shall be null and void; and the Bid Security provided by the Bidder shall be forfeited to and retained by the Owner as liquidated damages for such failure of the Bidder to execute the Contract, it being understood and agreed that the character and amount of actual damages sustained by the Owner cannot reliably be ascertained and measured and that the amount of the Bid Security is intended as a reasonable prospective estimate of such actual damages.

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

.1 Proof of all required insurance coverage, a one hundred percent (100%) Performance Bond and a one hundred percent (100%) Payment Bond as prescribed by the General Conditions or other Contract Documents. Such bonds shall be executed utilizing the sample forms included in the Project Manual or alternative forms approved in advance by the Owner. Indemnification clauses between successful Bidder and the Surety shall not be binding upon the Owner;

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

.3 A schedule of wages to be paid by the Bidder and his/her subcontractors to laborers, workmen or mechanics for the Work;

.4 Documentation as prescribed by Section 9 of these Instructions to Bidders in respect of

MBE/WBE/VBE/DOBE participation;

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

3.9. MBE/WBE/VBE/DOBE PARTICIPATION REQUIREMENTS

9.1 It is the policy of the Consolidated City of Indianapolis that Minority Business Enterprises (MBE), Women Business Enterprises (WBE), Veteran Business Enterprises (VBE) and Disability-Owned

Business Enterprises (DOBE) shall have the maximum feasible opportunity to participate in the performance of contracts. Consequently, the Owner has established the following percentage goals for (City of Indianapolis Certified) MBE, WBE, VBE, and DOBE participation on this Project, based on the Contract Price as awarded to the successful Bidder:

MBE: fifteen percent (15%);

WBE: eight percent (8%);

VBE: three percent (3%); and DOBE: one percent (1%).

9.2 Initial evaluation and review of a Bidder’s compliance with the requirements set forth herein in respect of MBE/WBE/VBE/DOBE participation, including review of documentation and information submitted by Bidders, shall be undertaken by the OMWBD.

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9.3 (a) Bidders shall complete Part 6 of the Bidder’s Itemized Proposal and Declarations form to disclose the status of its ability to meet the MBE/WBE/VBE/DOBE goals as of the Bid Date. Failure to do so shall constitute grounds for rejection of the Bid as non-responsive.

(b) Any Bidder who does not meet a project goal must petition OMWBD for relief from that goal by filing an application for a waiver, which application shall be submitted with the other required bid documents. The application for the waiver shall show with detailed documentation all good faith efforts that were made by the Bidder for the purpose of fulfilling the project goal and to assure that

MBE, WBE VBE, and DOBE firms are used as sources of supplies, equipment, construction and services. The Application for MBE/WBE/VBE/DOBE Program Waiver form may be requested from

OMWBD at 1260 City County Building, 200 East Washington Street, Indianapolis, Indiana 46204

(telephone: (317) 327-5262), or found at: https://www.indy.gov/activity/the-contract-bidding-process

(c) Examples of good faith efforts for MBE/WBE/VBE/DOBE shall include, at a minimum, all of the following (resources for good faith efforts can be located under 49 CFR § 26.53c):

.1 Documentation/Delivery of any advertising that the Bidder performed in search for prospective MBEs,WBEs, VBEs, and DOBE for the contract in general circulation, trade, and minority-focused media.

.2 Documentation/Deliver of any written notifications that the Bidder (i) provided to City Certified

MBE/WBE/VBE/DOBEs notifying them of contracting opportunities in sufficient time to allow them to participate, and (ii) to minority business assistance agencies for the purpose of locating prospective MBEs, WBEs, VBEs, and DOBEs for the contract. Documentation must also include written notification to OMWBD for assistance in locating prospective MBEs, WBEs, VBEs, and DOBEs for the contract.

.3 Documentation/Delivery of the Bidder’s efforts to select portions of the work to be performed by MBE/WBE/VBE/DOBEs in order to increase the likelihood of achieving the stated goals, including the division of contracts into economically-feasible units to facilitate participation

(including work that they would self-perform otherwise).

.4 Documentation/Delivery of direct contact and negotiations with MBE/WBE/VBE/DOBEs and/or partnerships for specific sub-bids, including at a minimum the following information:

a. The names, addresses and telephone numbers of MBE/WBE/VBE/DOBEs that were contacted;

b. A description of the information provided to MBE/WBE/VBE/DOBEs regarding the plans and specifications for portions of the work to be performed;

c. A statement of why prospective agreements with MBE/WBE/VBE/DOBEs were not reached.

.5 Documentation of technical assistance provided to MBE/WBE/VBE/DOBEs for obtaining bonding insurance or a needed line of credit for the project.

.6 Documentation/Delivery relevant to any other efforts the Bidder has made to assist MBEs, WBEs, VBE and DOBEs in overcoming the traditional barriers of participation in the industry https://www.indy.gov/activity/the-contract-bidding-process

Invitation For Bid #RFB-14DPW-1833 14 affected by the contract.

.7 Documentation of efforts to research other possible areas of participation, including, but not limited to, any of the following:

a. Suppliers;

b. Shipping or transport enterprises;

c. Engineering enterprises; and

d. Any other role that may contribute to the production and delivery of the product or service specified in the contract.

.8 Documentation of efforts for the Bidder to use subcontractors and suppliers with which they have never worked.

(d) The Bidder shall maintain adequate records of all relevant data with respect to the utilization and attempted utilization of MBEs, WBEs, VBEs, and DOBEs and shall provide full access to these records to the Owner upon its request to inspect them.

9.4 The apparent successful Bidder shall, within three (3) business days after notification by the

Owner or by OMWBD, provide the application for Program Waiver (if Bidder has not met all goals as set out in section 9.1 above), and any supporting documentation deemed necessary by the Owner or

OMWBD to demonstrate utilization of good faith efforts to achieve or maximize

MBE/WBE/VBE/DOBE, participation goal levels as set out in sub-section 9.1, which shall serve as an additional condition to the Bidder being found responsible and responsive.

9.5 The decision of the Owner concerning whether or not a Bidder has satisfactorily demonstrated good faith efforts shall be conclusive and binding upon such Bidder.

9.6 Where a Bidder proposes to utilize a MBE/WBE/VBE/DOBE that has not been certified as such by OMWBD, such MBE/WBE/VBE/DOBE must become certified by OMWBD to count toward attainment of the MBE/WBE/VBE/DOBE goals for the Project. MBE/WBE/VBE/DOBEs may obtain copies of Certification Standards and the Certification Application from OMWBD.

9.7 For the purposes of determining the degree of participation for MBEs, WBEs VBEs, or DOBEs operating as participants in Joint Ventures, as Subcontractors or Suppliers, the following methodology shall be utilized:

.1 A Joint Venture Bidder consisting of one or more MBE/WBE/VBE/DOBE parties will be credited with MBE/WBE/VBE/DOBE participation on the basis of percentage of the dollar amount of the Work to be performed by the MBE/WBE/VBE/DOBE. For example, if such Joint

Venture proposes to perform fifty percent (50%) of the dollar amount of the Work quoted at

$1,000,000 and fifty percent (50%) of the Work is to be performed by the MBE/WBE/VBE/DOBE

Joint Venture partner, MBE/WBE/VBE/DOBE participation will be credited as twenty-five percent (30%) of the work or $300,000.

.2 A Bidder will receive sixty percent (60%) toward goal attainment for the use of minority

Suppliers who are not manufacturers, i.e. where a Bidder proposes to purchase $100,000 worth

Invitation For Bid #RFB-14DPW-1833 15 of construction materials from a minority Supplier who did not manufacture the materials, $60,000 will be credited toward the Bidder’s minority participation goal. However, where the minority Supplier is the manufacturer of the product supplied, the Bidder will receive

MBE/WBE/VBE/DOBE credit of one hundred percent (100%) of the dollar amount of the supply contract.

9.8 The Owner may, at any time before or after award, require the Bidder/Contractor to submit additional information to the Owner regarding MBE, WBE, VBE, or DOBE certification and utilization.

Such information may include but not be limited to: (i) Copies of all executed agreements for each

MBE/WBE/VBE/DOBE enterprise engaged to satisfy the participation goals, showing (ii) the name and address of the MBE/WBE/VBE/DOBE, (iii) the scope of work to be performed, (iv) the dollar value of work to be performed or furnished by each proposed MBE/WBE/VBE/DOBE subcontractor or

MBE/WBE/VBE/DOBE joint venture partner, (v) acknowledgment and acceptance of the agreement by the MBE/WBE/VBE/DOBE, and (VI) monthly utilization payment reports with each monthly application for payment using the Subcontractor/Supplier Payment Report, Form SSPR-1.

9.9 Post award compliance procedures shall be met as provided in the MBE/WBE/VBE DOBE

Business Utilization Plan of the City of Indianapolis, available from the OMWBD. Failure to comply with the MBE/WBE/VBE/DOBE provisions of the contract may result in one or more of the following sanctions: cancellation, termination or suspension of any contracts, or any portion(s) thereof, including but not limited to withholding any progress payment or any other monies payable or due under the contract, and/or inclusion on the Owner’s list of contractors or vendors who are non-responsible due to MBE/WBE/VBE/DOBE violations, meaning Bidder would not be eligible to do work for the Owner for a specified period. In the event of breach, the Owner may also exercise its rights under Ind. Code § 5-16-6.5-5 or pursue any other legal or administrative remedies available to the Owner.

3.10. LIQUIDATED DAMAGES

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

Documents. Such liquidated damages are to be assessed and recovered at the rate of $2500.00 per day for delay in achieving Substantial Completion and at the rate of $100.00 per day for delay in achieving Final Completion of all Work.

If the Disturbance Time for any individual street is exceeded, the CONTRACTOR shall be subject to Liquidated Damages of $1,000.00 per calendar day per street.

Construction signs shall be removed within seven (7) calendar days of final acceptance of an individual street. The cost of coordinating work activities associated with this specification shall not be paid for directly, but shall be included in the total cost of the contract.

10.2 The per diem rate(s) of liquidated damages established by the preceding sub-section have been determined and are intended as reasonable prospective estimate(s) of the type and amount of actual damages which the Owner may sustain in the event of such delay(s). Submission of a Bid shall constitute an unconditional acknowledgment and agreement by the Bidder that such liquidated damages are fair and reasonable and do not and will not constitute a penalty, and that such liquidated

Invitation For Bid #RFB-14DPW-1833 16 damages may be assessed and recovered by the Owner as against the successful Bidder/Contractor and its Surety in lieu of actual damages for delayed completion.

3.11. CHANGE ORDERS

11.1 During the course of the Work, should the Owner or Bidder determine that additional work which was foreseeable is required, such work shall not be automatically awarded through change orders.

However, the Owner reserves the right to award additional work which was foreseeable to the original

Bidder where doing so is in the best interest of the Owner. All such awards are and will remain subject to necessary approvals.

END OF INSTRUCTIONS TO BIDDERS

4. PRICING PROPOSAL

CONTRACT ITEMS AND UNIT PRICES

Line Item Pay Item Number Pay Item Name Quantity Unit of

Measure Unit Price Total

001 I-408-07478 CRACKS AND

JOINTS IN ASPHALT

PAVEMENT, ROUT AND SEAL

350 TONS

002 I-408-12028 CRACKS IN

ASPHALT PAVEMENT, FILL

40 TON

TOTAL

5. ADDITIONAL REQUIREMENTS

INDIANA CODE (IC) ADDITIONAL REQUIREMENTS

I. IC 5-16-13

1. The definitions in IC 5-16-3 are incorporated by reference into this Section.

2. In accordance with IC 5-16-13-9, the Bidder, as a “Tier 1 contractor” (as defined in IC 5-16-3-

4), if awarded a contract for the Work contemplated by this Bid must contribute:

(a) Work performed by the tier 1 contractor’s employees;

(b) Materials supplied directly by the tier 1 contractor;

(c) Services supplied directly by the tier 1 contractor’s employees; or

(d) Any combination of subdivisions (a) through (d);

at least fifteen percent (15%) of the tier 1 contractor’s total contract price as determined at the time the contract is awarded.

NOTE: In accordance with Subsection 6.8.1 of the City of Indianapolis Standard General

Conditions for Construction Contracts the successful Bidder is required to perform with its own

Invitation For Bid #RFB-14DPW-1833 17 organization Work amounting to not less than thirty percent (30%) of the original or revised contract amount, whichever is less.

3. In accordance with IC 5-16-13-10, if awarded a contract for the Work contemplated by this

Bid, the Bidder, as a “Tier 1 contractor”, and each “Tier 2 contractor” and “Tier 3 contractor” (as defined in IC 5-16-3-4 (i.e., subcontractors and sub-subcontractors)) employed to perform Work on the Project must maintain general liability insurance in at least the following amounts:

(a) For the each occurrence limit, one million dollars ($1,000,000).

(b) For the general aggregate limit, two million dollars ($2,000,000).

NOTE: The successful Bidder, its subcontractors and sub-subcontractors, are required to maintain all insurance coverage as provided for in Article 5 of the City of Indianapolis Standard General

Conditions for Construction Contracts.

4. In accordance with IC 5-16-13-11, if awarded a contract for the Work contemplated by this

Bid, the Bidder as a “Tier 1 contractor” and each “Tier 2 contractor” and “Tier 3 contractor” employed to perform Work on the Project:

(a) Shall submit, before Work begins, the E-Verify case verification number for each individual who is required to be verified under IC 22-5-1.7. An individual who is required to be verified under IC 22-5-1.7 whose final case result is final non-confirmation may not be employed on the Project.

(b) May not pay cash to any individual employed by the contractor for Work done by the individual on the Project.

(c) Must be in compliance with the federal Fair Labor Standards Act of 1938, as amended

(29 U.S.C. 201-209) and IC 22-2-2-1 through IC 22-2-2-8.

(d) Must be in compliance with IC 22-3-5-1 and IC 22-3-7-34.

(e) Must be in compliance with IC 22-4-1 through IC 22-4-39.5.

(f) Must be in compliance with IC 4-13-18-1 through IC 4-13-18-7.

(g) Must comply with IC 5-16-13-12, if applicable.

5. In accordance with IC 5-16-13-12, if awarded a contract for the Work contemplated by this

Bid, the Bidder as a “Tier 1 contractor” and each “Tier 2 contractor” employed to perform Work on the Project, if they employ fifty (50) or more journeymen:

(a) Must provide access to a training program applicable to the tasks to be performed in the normal course of the employee’s employment with the contractor.

Invitation For Bid #RFB-14DPW-1833 18

(b) Shall participate in an apprenticeship training program that meets the standards established by the United States Department of Labor, Bureau of Apprenticeship and

Training.

(c) May comply with this section through any of the following:

(1) An apprenticeship program.

(2) A program offered by Ivy Tech Community College of Indiana.

(3) A program offered by Vincennes University.

(4) A program established by or for the contractor.

(5) A program offered by an entity sponsored by the United States Department of

Labor, Bureau of Apprenticeship and Training.

(6) A program that results in the award of an industry recognized portable certification.

6. In accordance with IC 5-16-13-13, if awarded a contract for the Work contemplated by this

Bid, the payroll and related records of the Bidder as a “Tier 1 contractor” and each “Tier 2 contractor” and “Tier 3 contractor” employed to perform Work on the Project, must be:

(a) Preserved by the contractor for a period of three (3) years after completion of the

Project Work; and

(b) Open to inspection by the Indiana Department of Workforce Development (DWD).

In accordance with IC 5-16-13-14, if the City of Indianapolis suspects a misclassification of one (1) or more workers by a contractor in any contractor tier working on the Project may request in writing that DWD investigate the suspected worker misclassification, and in so doing shall provide to DWD any information or records that the City has concerning the misclassification. DWD may investigate such a request, and if it finds information or records that support a finding that worker misclassification has occurred, DWD may refer the matter to the appropriate agency or official for further action.

7. In accordance with IC 5-16-13-15, if the City of Indianapolis reasonably suspects the Bidder awarded a contract for the Work contemplated by this Bid or any “Tier 2 contractor” and “Tier 3 contractor” employed to perform Work on the Project has violated a provision of IC 5-16-13, the City is required to do one (1) of the following:

(a) If the suspected violation concerns or is related to any of the following provisions, the

City shall refer the matter to the appropriate agency as follows:

(1) For a suspected violation of IC 5-16-13-11(1) (E-Verify), the Indiana Department of Labor.

(2) For a suspected violation of IC 5-16-13-11(3) (the federal FLSA or state minimum wage law), the Indiana Department of Labor.

Invitation For Bid #RFB-14DPW-1833 19

(3) For a suspected violation of IC 5-16-13-11(4) (worker’s compensation or occupational diseases), the Worker’s Compensation Board of Indiana.

(4) For a suspected violation of IC 5-16-13-11(5) (unemployment insurance), the

Department of Workforce Development.

(b) If the suspected violation concerns a provision of IC 5-16-13 other than a provision listed in subdivision

(a), the City shall require the contractor to remedy the violation not later than thirty

(30) days after the City notifies the contractor of the violation in accordance with IC

5-16-13-15(b)(2). During the thirty

(30) day period, the contractor may continue to work on the Project; however, if the contractor fails to remedy the violation within the thirty (30) day period, the City shall find the contractor not responsible and shall determine the length of time the contractor is considered not responsible by the City based on the severity of the violation. The period during which a contractor is considered not responsible:

(1) May not exceed forty-eight (48) months; and

(2) Begins on the date of substantial completion of the Project.

A finding by the City that a contractor is not responsible under this section may not be used by another public agency in making a determination as to whether the contractor is responsible for purposes of that public agency’s award of a public works contract to that contractor.

II. IC 4-13-18 (A response to “Part 11—Drug Testing” of the “Bidder’s Itemized Proposal and

Declarations” fulfills this requirement)

1. IC 4-13-18 applies if the Bid is one hundred fifty thousand dollars ($150,000) or more.

2. The definitions in IC 4-13-18 are incorporated by reference into this Section.

3. In accordance with IC 4-13-18-5, the Bidder must submit with the Bid a written plan for a program to test the Bidder’s employees for drugs. A contractor that is subject to a collective bargaining agreement that establishes an employee drug testing program shall only submit a copy of the relevant part of the collective bargaining agreement establishing the program.

Failure to submit a written plan for an employee drug testing program, or relevant parts of a collective bargaining agreement establishing an employee drug testing program shall result in the Bid being rejected as non-responsive.

4. The Bidder’s employee drug testing program must satisfy all of the following requirements:

(a) In accordance with IC 4-13-18-4, if the Bidder’s employee drug testing program is established by a collective bargaining agreement it shall include the following:

(1) Provides for the random testing of the contractor’s employees.

(2) Contains a five (5) drug panel that tests for the following substances:

Invitation For Bid #RFB-14DPW-1833 20

(A)amphetamines;

(B) cocaine;

(C) opiates (2000 ng/ml);

(D) PCP;

(E) THC

(3) Imposes disciplinary measures on an employee who fails a drug test which includes at a minimum all of the following:

(A) the employee is subject to suspension or immediate termination;

(B) the employee is not eligible for…