CITY OF FISHERS
INSTRUCTIONS TO BIDDERS
Project: Department of Public Works Electrical Upgrades
Scope of Work: Department of Public Works Electrical Upgrades
Refer to Exhibit A for details and plan notes related to the DPW Electrical Upgrades. This project will allow the Department of Public Works Department access to redundancy in electrical power should the current electrical grid be disabled or inoperable.
Article 1 General
1.1 Submission of a Bid shall constitute an unconditional acknowledgment and agreement by the Bidder to be bound by all terms and conditions set forth herein and in the Contract Documents assembled 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 required Bidding Documents and other documentation to be executed, completed and submitted by Bidders, either as part of a Bid or after the Bid Date. Such sample forms are not to be detached from the Project Manual, filled out or executed. Separate copies of the required forms and any other required documentation required by the Bidding Documents will be furnished or available separately.
Article 2 Definitions
Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Notice to Bidders, Instruction to Bidders, Bid Form, and other sample bidding and contract forms. The proposed Contract Document consist of the form of Agreement between Owner and Contractor, and all Addenda issued prior to execution of the Agreement.
2.1 Definitions set forth in Contract Documents are applicable to the Bidding Documents.
2.2 Addenda are written or graphic instruments issued by the Owner prior to the execution of the Agreement which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.
2.3 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.
2.4 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids.
2.5 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.
2.6 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents.
2.7 A Bidder is a person or entity who submits a Bid.
2.8 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work.
2.9 The Project Manual is the bound set of documents, sample forms, and Contract Documents (excluding plans and Addenda) for the Work and/or Project described in the Notice to Bidders.
Article 3 Bidder’s Representations
3.1 The Bidder by making a Bid represents that:
3.1.1 The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction.
126.96.36.199 Bidders shall thoroughly examine the Contract Documents and/or Project Manual and shall assume the full risk as to the nature, quality and amount of Work to be performed and 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. The Bid is made in compliance with the Bidding Documents.
3.1.2 The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's observations with the requirements of the proposed Contract Documents. Bidder has carefully and thoroughly examined and inspected the site and adjacent premises and the various means of approach and access thereto, and made all necessary investigations to inform itself 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 has informed itself 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 and considered federal, state and local laws that may affect cost, progress, performance or furnishing the Work.
188.8.131.52 It shall be the sole responsibility of Bidders to make borings, test pits and to conduct other investigations at or near the site of the proposed Work as it deems 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.
184.108.40.206 No claims for extra compensation will be granted which are the result of Bidder’s failure to examine the conditions which exist at the site nor for conditions or difficulties which arise in the execution of the Work which may have been avoided by such prior examination.
3.1.3 Bidder shall satisfy itself as to the correctness of all such elevations.
3.1.4 Information stated or depicted on Contract Documents 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 Bidder 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. Bidder, therefore, shall satisfy themselves by such means as it may deem proper as to the location of all structures and utilities that may be encountered in the performance of the Work and shall bear the risk of the number, type, location, dimension and depth of all structures and utilities encountered.
220.127.116.11 Upon request, Owner will provide Bidders access to the site to conduct explorations, tests and studies as Bidders deem necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its prior condition upon completion of such explorations, investigations, tests and studies.
3.1.5 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception.
3.2 The purpose and intent of the Contract Documents is to achieve a fully completed Project. Each Bidder shall be responsible for including costs necessary to provide labor and materials for the portion of the Work bid upon and shall include all incidentals whether or not specifically called for in the Contract Documents.
3.3 Submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.
3.3.1 No claims for extra compensation shall be granted which are the result of a Bidder’s error or oversight or the failure to thoroughly examine and/or become familiar with the Contract Documents.
Article 4 Bidding Documents 4.1 Copies
4.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Notice to Bidders in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten (10) days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving an award may retain the Bidding Documents and the Bidder's deposit will be refunded.
18.104.22.168 If a Sub-bidder desires full or partial sets of Bidding Documents in excess of those quantities obtainable for a deposit as listed in the Notice to Bidders, or if a Bidder desires full or partial sets in excess of those obtainable for a deposit (as listed in the Notice to Bidders), they may be purchased. These charges are not refundable.
4.1.2 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the Notice to Bidders, or in supplementary instructions to Bidders.
4.1.3 Bidder shall use complete sets of Bidding Documents in preparing Bids; the Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
4.1.4 The Owner may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents.
4.2 Interpretation or Correction of Bidding Documents.
4.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Owner errors, inconsistencies or ambiguities discovered.
4.2.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Owner by email at least ten (10) days prior to the date for receipt of Bids.
4.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidder shall not rely upon them.
4.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.
4.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Owner by email from a Bidder at least ten (10) days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Owner’s decision of approval or disapproval of a proposed substitution shall be final.
22.214.171.124 Owner will consider substitution requests received from Bidders only. Substitution requests received from an entity (sub-bidder, vendor, supplier, manufacturer) other than a Bidder will not be considered. Substitution requests shall be submitted on form provided in Contract Documents.
4.3.3 If the Owner approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.
4.3.4 No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents.
4.4 Clarification and Addenda
4.4.1 If a Bidder finds conflicts, errors, discrepancies or ambiguities in the Contract Documents or any sample form, or if Bidder is in doubt as to the intended meaning of any portion or provision therein, the Bidder shall at once give written notice to the Owner, at least ten (10) 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 it failed to report within the period and in the manner required by these Instructions to Bidders.
4.4.2 No material changes, clarifications or interpretations of the Contract Documents will be issued except by written or graphic Addenda mailed or delivered to all who are known by the issuing office to have received a complete set of Bidding Documents not less than three (3) calendar days prior to the Bid Date.
4.4.3 Each Bidder shall verify prior to submitting a Bid that the Bidder has received all Addenda issued, and all such Addenda must be acknowledged in the Bid 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.
4.4.4 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.
4.5 Each Bidder is directed to attend the Pre-Bid Meeting as scheduled in the Advertisement or Notice to Bidders, failure to attend the pre-bid tour or meeting as scheduled by the Owner will result in the Bidder’s Bid being considered non-responsive.
Article 5 Bidding Requirements
5.1 Preparation of Bids
5.1.1 All Bids must be submitted on the Bid Form furnished by the Owner. The Bid Form shall be completely executed, all blanks shall be legibly executed in non-erasable medium and shall give a Bid for each item of Work proposed and shall be signed by the Bidder.
126.96.36.199 Sums shall be expressed in both words and figures; in the case of discrepancy, the amount written in words shall govern.
188.8.131.52 Interlineations, alterations and erasures must be initialed by the signor of the Bid.
184.108.40.206 All requested Alternates shall be bid. If no change in the Base Bid is required, enter “No Change.”
5.1.2 It is the intent of the Owner not to award the Agreement to any Bidder who does not provide satisfactory evidence that Bidder has the ability and experience in the class of Work required and that Bidder has sufficient capital and plant facilities to enable Bidder to prosecute the Work successfully and to complete the Work in the time required by the Bidding and Contract Documents.
220.127.116.11 To enable the Owner to determine the ability, experience, and capital resources of the Bidder, each Bidder shall execute and complete in all respects Standard Form 96 (Contractor’s Bid for Public Work) of the Indiana State Board of Accounts. A completes Form 96 (Contractor’s Bid for Public Work) shall be include with the Bid.
18.104.22.168 Each Bid must be accompanied by an Affidavit of Non-Collusion. Each Affidavit of Non-Collusion shall be completely executed, signed and notarized. This document is part of Form 96 (Contractor’s Bid for Public Work) (Revised 2013).
22.214.171.124 The evaluation of the Bidder’s qualifications will be based on written evidence presented. Each Bid must contain evidence of Bidder’s qualification to do business in the State of Indiana or covenant to obtain such qualification prior to award of the Agreement.
5.1.3 All Bidding Documents must be submitted with, and as integral parts of, each Bid and shall be subject to all requirements of the Bidding Documents, including these Instructions to Bidders.
5.1.4 Bidding Documents must be properly filled in and completed in every material respect and without interlineations, excisions, special conditions, qualifications or exceptions.
5.1.5 Each Bidding Document requiring a signature shall be signed by an individual duly authorized to execute such document on Bidder’s behalf. A Bid executed by a corporation, joint venture, or other entity with an assumed name shall have the legal and correct name thereof followed by the word “by” and the signature and title of the officer or other person authorized to sign for it and a corporate resolution or similar document authorizing such officer to bind the entity.
5.1.6 The Bidding Documents required of each Bidder shall consist of both of the following:
Bidder’s Itemized Proposal and Declarations. A sample of this form is included in the Project Manual and must be utilized by all Bidders and includes:
Bid Proposal Summary Page
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 - Form 96 (Contractor’s Bid for Public Work) (Revised
Part 7 - Additional Declarations;
Part 8 - Signatures;
Part 9 - Post-Bid Supplier’s List;
Part 10 - Post-Bid Subcontractor’s List.
5.2 Bid Security
5.2.1 Each Bid shall be accompanied by Bid Security in the form of a Bid Bond or certified check payable to the Owner in an amount not less than ten percent (10%) of the Bid price. Such Bid Bond or certified check shall serve as security to insure the execution of the Agreement and the furnishing of other required documents by the successful Bidder, including the required Bonds and certificate of insurance. 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 a signed power of attorney establishing the authority of the person executing such Bid Bond on behalf of the surety.
126.96.36.199 If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Payment Bond, Performance Bonds and certificate of insurance within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Bond of certified check of that Bidder shall be forfeited.
188.8.131.52 The Bid Bond of certified check of other Bidders, whom the Owner believes to have a reasonable chance of receiving the award, may be retained by Owner for a period of sixty (60) days or such longer time as provided by statute.
5.3 Bid Submission
5.3.1 All copies of the Bid, the bid security, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.
5.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened.
5.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.
5.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered.
5.4 Modification or Withdrawal of Bid
5.4.1 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time-stamped by the receiving party on or before the date and time set for receipt of Bids.
5.4.2 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.
5.4.3 In the event of a valid withdrawal of a Bid, the Bid security of the withdrawing Bidder shall be returned.
5.4.4 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.
Article 6 Consideration of Bids 6.1 Opening of Bids
The properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders.
6.2 Rejection of Bids
The Owner shall have the right to reject all Bids. A Bid not accompanied by a required Bid Security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection.
6.2.1 The failure of a Bidder to submit the requested information with the Bid may be grounds for rejection of the Bid.
6.2.2 The Owner also reserves the right to reject the Bid of a Bidder who has previously failed to perform properly or to complete Work of a similar nature on time, who is not in a position to perform the Work of the Contract, or who has habitually and without just cause neglected the payment of bills or otherwise disregarded obligations to subcontractors, suppliers, material fabricators and/or employees.
6.3 Bid Evaluation and Award
6.3.1 Owner reserves the right to reject any and all Bids, including without limitation the right to reject any and all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria with the successful Bidder. The Owner reserves the right to waive any and all informalities not involving price, time, or changes in the Work. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words.
6.3.2 Award of the Agreement 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 Bidding Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders.
6.3.3 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.
6.3.4 Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors and other persons and organizations must be submitted. Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to Notice of Award.
6.3.5 For Contract Items and Unit Prices, estimated quantities and unit prices will serve as the basis for determining the proposed price of each Bid. Patent math errors in statements of Unit Prices or Totals may be corrected by the Owner, in which case the corrected amounts will be used for the purpose of Bid evaluation, comparison and other award considerations. However, the Owner shall not 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.
6.3.6 The Owner may, at its sole option, award the Agreement to a Bidder on a conditional basis to afford the Bidder additional time and opportunity to submit required documents or to fulfill other requirements. In such case, the Owner will furnish to the Bidder a notice of conditional award, which will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be satisfied. If the Bidder fails to satisfy the conditions in the manner and within the time specified in such notice, the Owner may declare such Bidder to be non-responsive and award the Agreement, conditionally or unconditionally, to another Bidder. Time limitations governing the Owner’s award of the Agreement 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.
6.4 Acceptance of Bid (Award)
6.4.1 It is the intent of the Owner to award a Contract to the lowest, responsible and responsive Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the Owner’s available funds.
6.4.2 The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.
Article 7 Notice of Award and Post-Bid Requirements
7.1 Prior to execution of the Agreement, the Owner will issue to the Successful Bidder a
Notice of Award stating that its Bid was the responsible and responsive Bid and that the enclosed Agreement is submitted for execution without further negotiation. If the Successful Bidder finds it in accordance with the Bidding Documents, it is to be returned to the Owner by certified mail or in person within ten (10) calendar days after receipt for further execution and with the caution that an Agreement will not exist until it is signed by all signatories required. Failure to execute the proper Agreement and furnish the ancillary documents shall constitute reason for surrender of the Bid Bond or certified check.
7.2 Within five (5) 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:
7.2.1 Proof of Insurability. The Bidder shall furnish: (1) proof of insurance showing existing coverage in accordance with the terms and amounts stated in the Agreement, or (2) a letter 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 shall be issued by a financially responsible insurance company authorized to do business in the State of Indiana.
7.2.2 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 an Agreement is awarded by Owner, said surety will execute and deliver the Bonds as required by the Contract Documents.
7.2.3 Joint Venture Agreement. If the Bidder is a joint venture, partnership or other combination of two (2) 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.
7.2.4 Subcontractors List. The Bidder shall submit a Subcontractors List on the form provided in the Project Manual.
7.2.5 Manufacturers List. The Bidder shall submit a Manufacturers List on the form provided in the Project Manual.
Article 8 Contract Execution; Submittals
8.1 Within ten (10) business days after the Notice of Award, the Successful Bidder shall sign and deliver the Agreement to the Owner, along with other documents as prescribed by the Bidding Documents. After execution and delivery of the Agreement and other required documents, and acceptance thereof by the Owner, the Bid Bond furnished by each Bidder will be returned.
8.2 If the Bidder fails or neglects to execute and deliver the Agreement and other required documents, the Bidder shall be deemed to have repudiated the Agreement and the award shall be null and void; the Bid Bond provided by the Bidder shall be forfeited to and retained by the Owner as damages for such failure to execute the Agreement, 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 Bond is intended as a reasonable 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:
8.3.1 A completed Subcontractors List and Manufacturers List to be used for the Work;
8.3.2 A one hundred percent (100%) Performance Bond and a one hundred percent (100%) Payment Bond. The Performance Bond and the Payment 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 Performance Bond and the Payment Bond a signed power of attorney establishing the authority of the person executing such Performance Bond and the Payment Bond on behalf of the surety; and
8.3.4 Other post-Bid submittals required by the Bidding Documents.
Article 10 Certificate of Non-Iran Investment Activities, I.C. 5-22-16-5-8. Article 11 Liquidated Damages
11.1 The Contract Documents may 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. The per diem rate(s) of liquidated damages have been determined and are intended as reasonable estimate(s) of the type and amount of actual damages, which the Owner may sustain in the event of such delay(s). Submission of a Bid shall constitute an unconditional acknowledgment and agreement by the Bidder that such liquidated damages are fair and reasonable and do not and will not constitute a penalty, and that such liquidated damages may be assessed and recovered by the Owner as against the Successful Bidder and its surety in lieu of actual damages for delayed completion.
CITY OF FISHERS NOTICE TO BIDDERS
Notice is hereby given that sealed bids will be received:
By / At: City of Fishers, Indiana
Department of Public Works 10212 Eller Road
Fishers, Indiana 46038
Project: Department of Public Works Electrical Upgrades
Until: 9:00 A.M., local time, October 26, 2023
Receipt of Bids: Bids received after the stated time will be returned unopened. Bids are to be submitted on the Bid Form as provided in the Project Manual and on Indiana State Board of Accounts Form No. 96 (revised 2013) as required by the statutes of the State of Indiana. Bidders shall submit financial data, statement of experience, proposed plan for performing the Work and the equipment the Bidder has available for the performance of the Work, along with a properly signed Affidavit of Non-Collusion as required by Form No. 96. Bids shall be submitted in a sealed envelope, marked with the name and address of the Bidder, and clearly identified:
SEALED BID: Department of Public Works Electrical Upgrades
Bid Opening: Bids will be publicly opened and read aloud by the City of Fishers at the Department of Public Works, 10212 Eller Road Fishers, Indiana 46038, at 9:00 AM, local time, October 26, 2023.
Pre-Bid Meeting: A Pre-Bid meeting for interested parties will be held on Thursday, September 28 2023 at 9:00 AM, local time at 10212 Eller Road Fishers, IN 46038. For special accommodations for individuals planning to attend the Pre-Bid meeting or public bid opening, please call or notify the City of Fishers at (317) 595-3160 at least forty-eight (48) hours prior thereto.
The Work: The Work shall be completed by certified / qualified Contractor(s) and Subcontractor(s) for the Project all as required by the Bidding Documents which have been assembled into a bound Project Manual and consists of:
Contract Award: Any Bid may be withdrawn prior to the deadline for receipt of Bids, but no Bidder shall withdraw its Bid within sixty (60) days after the opening of the Bids. If a contract is awarded, it will be to the “lowest responsible and responsive bidder” in accordance with Indiana Code 36-1-12-1 et seq. The Owner, however, reserves the right to reject and/or cancel any and all Bids, solicitations and/or offers in whole or in part as specified in the solicitation when it is not in the best interests of the Owner, and waive any informalities, discrepancies, omissions, variances, or irregularities in bids received in its sole discretion. The Bid Bonds and certified checks of unsuccessful bidders will be returned upon selection of the successful Bidder, execution of the Agreement, and provision of the required Performance and Payment Bonds and Certificate of Insurance.
Bid Documents: Interested Bidders may obtain electronic Bidding Documents from https://www.fishers.in.us/bids.aspx. All other Bidders may purchase electronic or printed sets directly
from City of Fishers Department of Public Works, 10212 Eller Road, Fishers IN 46038.
Bid Documents – Review:
Construction will be in accordance with the Bidding Documents, which may be viewed at
1. City of Fishers Department of Public Works, 10212 Eller Road, Fishers IN 46038
Bidders shall assure that they have obtained complete sets of Bidding Documents and the Project Manual and shall assume the risk of any errors or omissions in Bids prepared in reliance on incomplete sets of Bidding Documents or Project Manual. Bids must be submitted on the forms contained in the Project Manual and must contain the names of every person or company interested therein.
Bid Security: Each Bid shall be accompanied by bid security in the form of a Bid Bond as provided in the Project Manual in the amount of ten percent (10%) of the total Bid amount, including alternates with a satisfactory corporate surety qualified to do business in the State of Indiana or by a certified check made payable to the City of Fishers, on a solvent bank in the amount of ten percent (10%) of the amount of the total Bid including alternates. The Bid Bond or certified check shall be security that the successful Bidder will, within ten (10) calendar days or such other time specified by Owner from the acceptance of the Bid, execute the Agreement and provide the required Payment and Performance Bonds, included in the Project Manual and Certificate of Insurance.
Performance Bond and Labor and Material Payment Bond:
A Performance Bond with good and sufficient surety as required by the Owner on the Form provided in the Project Manual, shall be required of the successful Bidder in an amount equal to at least one hundred percent (100%) of the Contract Sum, conditioned upon the faithful performance of the Agreement. The surety of the Performance Bond may not be released until one (1) year after the Owner’s final settlement with the Contractor.
The Contractor shall provide a Payment Bond with a good and sufficient surety as required by the Owner on Form provided in the Project Manual, in an amount equal to one hundred percent (100%) of the Contract Sum. The Payment Bond is binding on the Contractor, its subcontractors, and their successors and assigns for the payment of all indebtedness to a person for labor and services performed, material furnished, or services rendered. The Payment Bond must state that it is for the benefit of the subcontractors, laborers, material suppliers, and those performing services. The surety of the Payment Bond may not be released until one (1) year after the Owner’s final settlement with the Contractor.
All out-of-state bidder corporations must have a Certificate of Authority to do business in the State. Application forms may be obtained by contacting the Secretary of State, State of Indiana, Statehouse, Indianapolis, Indiana 46204.
Please reference Related Documents for additional information.