Vandalia Trail Extension

1.1 The Project. Contractor shall furnish and pay for all materials, tools, supervision, machinery, equipment, supplies, water, heat, utilities, facilities, protections, trucking, transportation, permits, fees, licenses, bonds and insurance , perform and pay for all labor and furnish and perform all other things necessary for or incidental to carrying out and properly completing all of the work to be done by Contractor hereunder, all as more particularly described and specified on Exhibit "A" attached hereto and hereinafter referred to as the "Project" or the "Work". 1.2 The Contract Documents. All of Work shall be done in strict compliance with this Contract and the Plans, Drawings and Specifications, including all addenda thereto, and any written change orders and amendments hereafter agreed upon and executed by the parties, all of which are incorporated herein by this reference and, together with this Contract, constitute the Contract Documents, as fully and with the same effect as if reproduced herein. In the event of any conflict or inconsistency, either express or implied or direct or indirect, between the Plans, Drawings and Specifications, Contractor's bid or proposal(s), any General Conditions or Supplementary General Conditions contained or referred to in any of the Contract Documents, any of the exhibits attached hereto or any other Contract Document, on the one hand, and the terms and provisions set forth in this document, on the other hand, the terms and provisions set forth herein shall control and take precedence. Wherever the term "the Contract" or "Contract Documents" is used herein, it shall mean and include this document and all of the other Contract Documents. 1.3 Site Inspection. By executing this Contract, Contractor represents and warrants that he has visited and inspected the Project site and is familiar with the nature and condition thereof, and that he has examined the Plans, Drawings and Specifications and all construction criteria of the Town and is familiar therewith. Contractor is responsible for determining physical characteristics and conditions of the site and location of utilities. 1.4 Intent of Contract Documents. The intent of this Contract and the Contract Documents is to include all items necessary for the full and proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall include all items logically inferable from the Contract Documents as being necessary to produce the intended results. 1.5 Sufficiency of Contract Documents. Contractor further acknowledges and agrees that Contract Documents are full and complete, are sufficient to have enabled him to determine the cost of the Work and that the Plans, Drawings and Specifications and all addenda are sufficient to enable Contractor to construct the Work outlined therein in accordance with applicable local, state and federal laws, ordinances, rules, regulations, codes and orders (hereinafter referred to collectively as "Laws"), and otherwise to fulfill all of his obligations under the Contract Documents. In addition, if the Contractor performs any construction activity with respect to which he knows or should have known that any of the Contract Documents contains a recognized error, inconsistency or omission, the Contractor shall be responsible for such performance and shall bear the cost for correction thereof. Contractor shall review the Contract Documents for compliance with applicable Laws and shall promptly notify the Town and the Architect in writing of any error, omission or discrepancy. 1.6. Conflicts. If any conflict or inconsistency arises or exists between or among any of the Contract Documents, or between one part of a document and another part thereof, the Town may, in its sole discretion, determine which document or part thereof controls and Contractor shall adhere to such determination in the performance of the Work hereunder without extra cost to the Town. 1.7. Licensing and Qualification. Contractor represents and warrants that it is duly licensed to do business as a general contractor in the State of Indiana (the "State") and in the municipality where the Project is located, in accordance with all applicable Laws and is qualified as required by I.C. 5-16-13-10(c). Contractor shall furnish satisfactory evidence of such licensing and qualification to the Town within five (5) days after the date of execution of this Contract and failure to do so shall be a default hereunder. Contractor shall maintain such licensing and qualification in good standing throughout the duration of the Project and failure to do so likewise shall be a default hereunder. Contractor shall indemnify, defend and hold the Town harmless from and against all loss, cost, damage, expense and liability resulting from Contractor's failure to be properly licensed and qualified as aforesaid. 1.8. Construction Means and Methods. Contractor shall have charge of and be responsible for all construction means, methods, techniques, sequences, practices and procedures, and the Town shall not have any liability or responsibility therefor. 1.9. Access to the Project Site. The Town shall have access to the Project site and all parts thereof at all times for the purpose of inspecting or doing any other lawful thing. All materials stored on the Project site but not yet installed or built into the Project, for which the Town has paid Contractor, shall be the personal property of the Town. 1.10. Architect. As used in this Contract, the term "Architect" means the licensed architect, engineer or other design professional who is identified in Exhibit "A" attached hereto as the preparer of the Plans, Drawings and Specifications for the Project. If there is more than one such design professional so identified, then the term "Architect" means the principal, lead or primary design professional for the Project designated by the Town for purposes of this Contract. 2. Contract Price, Progress Payments and Retainage. 2.1. Contract Price; Unit Prices. The scope of the Work will not be fully and precisely determined until the Work has commenced. Therefore, the Town shall pay Contractor for all Work, labor, materials, equipment and other things to be done, performed, furnished and provided by Contractor hereunder, including, without limitation, all fees, general conditions, profit and overhead thereon, a sum (the "Contract Price") calculated on the basis of Unit Prices as follows: Work for which proposals are to be received is for construction of an HMA Multi-Use Trail and Incidental Improvements, Extending from Old County Line Road to Double Creek Drive. Contact Lori Halloran (lhalloran@bfsengr.com) to request digital copy of the plans and contact documents. This remittance is not refundable. Payment shall be by money order or check and shall be made payable to Butler, Fairman, and Seufert, Inc. Bidders are required to be a plan holder of record having obtained the contract documents through the office of the Engineer. Bids not meeting this requirement will be deemed non-responsive. Copies may also be examined at the Town of Plainfield Town Hall,. Bids shall be properly and completely executed on Bid Forms and in the order as identified and contained in the Contract Documents obtainable from the offices as stated above. Each bid shall be accompanied by a completely filled out Form No. 96 and acceptable Bid Security. Any bid not accompanied by the above-required items shall be deemed to be a non-responsive bid. No Bidder may withdraw his proposal within a period of 60 days following the date set for the receiving of bids. The Owner reserves the right to retain any and all bids for said time and any and all bids shall remain in full force and effect during said time. The Owner further reserves the right to waive informalities and to award the Contract to any Bidder all to the advantage of the Town of Plainfield or to reject all bids. Each bid shall be accompanied by an acceptable certified check made payable to the Town of Plainfield or an acceptable bid bond in the amount equal to 10% of the total bid price executed by an incorporated surety company in good standing and qualified to do business in the State of Indiana and whose name appears on the current Treasury Department Circular 570. BONDS: A Performance Bond and Payment Bond each in the amount of 100% of the Contract price will be required from the Contractor to whom the work is awarded. Standard Questionnaire Form 96 (Revised 2013), completely filled out and signed, including attachment of Contractor's Financial Statement as stipulated in Section III.

Division 31 -	Earthwork, Earthwork Methods.
Division 32 -	Exterior Improvements, Bases, Ballasts, and Paving, Flexible Paving, Asphalt Paving, Rigid Paving, Concrete Paving, Curbs, Gutters, Sidewalks, and Driveways.