Loading...
HomeMy WebLinkAboutBid Award - Wastewater Treatment Plant Digester Gas Utilization Design Proj No 116-050R - Thieneman Construction, Inc.1316 COUN I Y-Cn Y BUILDING 227 W. JE•FFERSON BOULEVARD Solna BEND. INDIANA 4660 t-t 830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS December 22, 2016 Vincent Rock Thieneman Construction, Inc. 17219 Foundation Parkway Westfield, IN 46074 RE: Award Bid — Wastewater Treatment Plant Digester Gas Utilization Design Project No. 116-05OR Dear Mr. Rock: PHOM3 574/235-9251 FAX 5741235-9171 The Board of Public Works, at its meeting held on December 22, 2016, awarded the above referenced project to you in unit prices not to exceed $754,000.00. Enclosed please find a signed Bid/Proposal form. Please forward the following documents in one submittal by January 5, 2017 to my attention for Board of Public Works approval: 1) One (1) original of the Public Works Contract (enclosed) 2) Labor & Material Payment Bond 3) Performance Bond (125% of Bid Amount) 4) Certificate of Insurance naming the City of South Bend as an additional insured 5) Item #4 for all subcontractors you use If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Enclosures c: Jacob Klosinski, Environmental Services Al Greek, Environmental Services Carol Kurzhal, Environmental Services GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAmFs A. MUELLER THERESE J. DORAU CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name WWTP Digester Gas Utilization Project No. 116-050 R For Bids Due December 8, 2016 PART (Must be completed for all bids. Please type or print) Date: December 8th, 2016 Bidder (Firm): Thieneman Construction, Inc. Address: 17219 Foundation Parkway City/State/zip: _Westfield, IN 46074 Telephone Number: (317 ) 867-3462 Agent of Bidder (if Applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: WWTP Digester Gas Utilization Design the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Greeley and Hansen, 7820 Innovation Blvd, Suite 150, Indianapolis IN 46278, 317-924-3380 and dated October 2016 sum for the sum of (enter the Total Bid as shown on the Proposal) shown u�, pp ) (Numerical) The undersigned further agrees to furnish a bond or certified check with this bid far an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of South Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. By Inature} Vincent J. Rock - Area-1 gNlanager (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this day of ���y,�e v� 20 Subject to the following conditions: BOARD OF PUBLIC -WO t(S Gary A. Gilot, President Elizabeth A. Maradik, Member Jam A. Mueller Member Suzanna M, Fritzberg, Member i--The @se J. Dorau, Member -Attest: Linda M. Marh i. Clerk SB WWTP Digester Gas Utilization Design Project No. 1 16-050 R 0041 00-3 Version 713112015 Project Name Project No. For Bids Due BASE BID 1111 11(r, i 'a^ BID/PROPOSAL CITY OF SOUTH BEND WWTP Digester Gas Utilization Design 116-050 R December 8, 2016 Item No. Description Quantity Unit I Unit Price Total Amount 1 Digester Gas Utilization Improvements 1 LS f NA E i75tt a 2 Asphalt Pavement 340 SY 3 Lead Based Paint Abatement 1 LS NA j j 7 • �� 4 System Integration 1 LS NA d Joe) 0') 5 Gas Cleaning Skid PLC Upgrade 1 LS NA r 6 Work Allowance 1 LS $20,000 $20,000 BASE BID TOTAL 'S'7y1a Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum No. Addendum No. Dated f Dated Dated Bidder (Firm): Thieneman_Construction, Inc. Address: 17219 Foundation Parkway City/State/Zip: Westfield, IN 46074 Telephone Number: ( 317 ) 867-3462 By — (Signature) Vincent J. Rock - Area Manager (Printed Name of Person Signing) SB W WTP Digester Gas Utilization Design Project No. 1 16-050 R 0041 00-5 Version 7/31/2015 When the prospective Contractor is unable to certo to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF INDIANA ) ) SS: HAMILTON COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in SB W WTP Digester Gas Utilization Design Project No. 116-050 R Exhibit SC-A-1 the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. SB W WTP Digester Gas Utilization Design Project No. 116-050 R Exhibit SC-A-2 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1).1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 8th day of December 2016 Thieneman Construction, Inc. Contractor/Bidder 'rm) Signature of Co actor/Bid er_Its Agent Vince J. Rock - Area Manager Printed Name and Title Subscribed and sworn to before me this 8th day/Jo/f� De, c,,e%�mjbeerr �� , 20� My Commission Expires Aug ust 04, 2023 •-Ci AP 1 WI Notary Public 011e Press County of Residence Hamilton �,A "" MlcM ea ``6tP •. �F %NOIQfY PV I , ;ao,anv •,�?, NomlNon coonly SB W WTP Digester Gas Utilization Design:• SAP ; M Au9�5, °p42023 Project No. 116-050 R Exhibit SC-A-3 INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Members of the Board of Public Works Eric Horvath, Director of Public Works Michael Schmidt, Assistant City Attorney Public Works Linda M. Martin, Clerk FROM: AI Greek, Director of Utilities Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: Project No. 116-050R WWTP Digester Gas Utilization Project Award Recommendation December. On December 8. 2016, the Board of Public Works opened and read public bids for the above project. The Division of Utilities and design consultant, Greeley and Hansen reviewed the lone bid for the subject project. The Bids ranked as follows based on Base Bid Totals: Bidder Base Bid Total 1. Thieneman Construction, Inc. (Westfield, Indiana) $754,000.00 The project work was rebid as a result of only one bidder during the previous bid process. The Bid Price submitted by Thieneman Construction, Inc. exceeds the amount of the lone bid of the previous bid process, supplied by the same bidder. City Utilities personnel reached out to local contractors in hopes of more competition during the bid process, but unfortunately, there was very little interest in the project by local mechanical contractors or contractors were too busy with other work to bid this project. The Division of Utilities — Environmental Services recommends award of the contract for Project No. 116-050 WWTP Digester Gas Utilization Project to the lowest, responsive, responsible bidder, Thieneman Construction, Inc. at the total bid price of $754,000.00 Base Bid (not to exceed price, subject to final quantities installed for unit price items). The Division of Utilities will appropriate sufficient funds from the Wastewater Capital Account (642-0630-415-43-66) and Other Contractual Service (642-0630-793-63-35). For questions regarding the above recommendation or the subject project, contact At Greek (Ext. 4210) or Jacob M. Klosinski (Ext. 9496) at the Division of Utilities. SECTION 00 52 00 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the 22nd day of December in the year 2016 by and between the City of South Bend, Indiana (hereinafter called OWNER) and Thieneman Construction, Inc. (hereinafter call CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all labor, materials, equipment, supplies and services for the installation of gas piping, valves, pressure vessels, tanks, modifications to existing PLC, system integration, connections to existing fuel gas fired engines, concrete, earthwork, selective demolition, and all other associated work to furnish and install a complete and functioning gas distribution system. Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: W WTP Digester Gas Utilization Design Project 116-050 R Article 3. ENGINEER 3.01 The Project has been designed by Greeley and Hansen who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. Article 4. CONTRACT TIMES 4.01 Time of the Essence SB W WTP Digester Gas Utilization Design Project No. 116-050 R 00 52 00-1 A. All time limits for Milestones, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 300 consecutive calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 330 consecutive calendar days after the date when the Contract Times commence to run. B. Milestone 1 — All submittals will be submitted to ENGINEER within 90 consecutive calendar days of Notice -to -Proceed. Select shop drawings are to be submitted earlier in accordance with Specification Section 0133 00. C. It is expressly understood and agreed, by and between the CONTRACTOR and OWNER, that the Contract Time for completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work and excludes the time for unavoidable delays which were beyond the control and without the fault of the CONTRACTOR. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraphs 4.02A. and 4.02B. above plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one -thousand dollars ($1,000) for each day that expires after the time specified in paragraphs 4.02A. and 4.02B. for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars ($500) for each day that expires after the time specified in paragraph 4.02A. for completion and readiness for final payment until the Work is completed and ready for final payment. SB W WTP Digester Gas Utilization Design Project No. 116-050 R 00 52 00-2 Article 5. CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the total lump sum price for all Work Contract Items. The amount for each separately identified unit price Work Contract Item is equal to the product of the established unit price for that item and the estimated quantity of that item as indicated in the following list of Work Contract Items. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. Article 6. PAYMENT PROCEDURES 6.01 Submittal and Processin of f Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment, on or about the thirtieth day of each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2. below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, lessthe aggregate of payments previously made and less such amounts as ENGINEER may determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. a. Progress payments shall not exceed an amount equal to 90 percent of Work completed (with the balance being retainage). If the Work is 50 percent complete as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed less the aggregate of payments previously made; and SB W WTP Digester Gas Utilization Design Project No. 116-050 R 00 52 00-3 b. Progress payments shall not exceed an amount equal to 75 percent of cost of materials and equipment not incorporated in the Work but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions (with the balance being retainage). C. Progress payments shall not exceed an amount of equal to 90 percent of cost of materials incorporated in the work, installed, but not tested through official start-up and witness by OWNER's Project Representative. d. Progress payments shall not exceed an amount of equal to 95 percent of cost of materials incorporated in the Work, installed, and tested through official start-up and witness by OWNER'S Project Representative. 2. Upon Substantial Completion, OWNER may pay an amount sufficient to increase total payments to CONTRACTOR to 100 percent of the Work completed, less 200 percent of ENGINEER's estimate of the value of Work to be completed or corrected attached to the Certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. Article 7. INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 8. CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contact Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. SB W WTP Digester Gas Utilization Design Project No. 116-050 R 00 52 00-4 C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.02 of the Supplementary Conditions as to the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.0213 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. SB WWTP Digester Gas Utilization Design Project No. 116-050 R 00 52 00-5 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 9. CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement, identified as Section 00 52 00 2. Addenda (numbers to inclusive.) 3. Local Contract Provisions 4. Exhibits to this Agreement (enumerated as follows): 5. Performance, Payment and Maintenance Bonds, identified as Sections 00 61 13.13, 00 61 13.16 and 00 6131 6. Notice to Proceed, identified as Section 00 55 00 7. General Conditions, identified as Section 00 72 00 8. Supplementary Conditions, identified as Section 00 73 00 9. Specifications bearing the title WWTP Digester Gas Utilization Design No. 116-050 and consisting of sections as listed in table of contents thereof. 10. Set of Contract Drawings bearing the title WWTP Digester Gas Utilization Design. 11. Documentation submitted by CONTRACTOR prior to Notice of Award 12. CONTRACTOR's Bid or Proposal 13. Governing Order of Contract Documents — In the event that any provision in any of the above component parts of this Agreement conflicts with any provision in any other of the component parts, the provision in the SB WWTP Digester Gas Utilization Design Project No. 116-050 R 00 52 00-6 component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. 14. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments b. Work Change Directives and Change Order(s) C. Field Orders B. The documents listed in paragraphs 9.01A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.05 of the General Conditions. Article 10. MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. SB WWTP Digester Gas Utilization Design Project No. 116-050 R 00 52 00-7 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provisions or pail thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Termination A. The obligation to perform under the terms of this Agreement may be terminated by the OWNER, with or without cause upon fourteen (14) calendar days, written notice to CONTRACTOR. This Agreement may be terminated by CONTRACTOR upon fourteen (14) calendar days written notice to OWNER in the event of substantial failure of OWNER to perform in accordance with the terms hereof. If the OWNER terminates the Contract for any cause, it shall deduct from whatever is owed the CONTRACTOR on the Contract or any other contract, any amount sufficient to compensate the OWNER for any damages suffered by it because of the CONTRACTOR'S wrongdoing. 10.06 Indemnification A. CONTRACTOR agrees to indemnify, defend and hold harmless the OWNER, its agents, officers and employees, from all costs, losses, claims and suits, including court costs, attorney fees and other expenses, arising from or out of the negligent performance of this Contract by CONTRACTOR, or because of arising out of any defect in the goods, materials or equipment supplied by the Bid provider. SB WWTP Digester Gas Utilization Design Project No. 116-050 R 00 52 00-8 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER, and CONTRACTOR. All portions of the Contract Documents have been signed, or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on the date first above written. OWNER: CONTRACTOR: City of South Bend - Dept. of Public Works Thieneman Construction, Inc. 227 W. Jefferson Blvd., Ste. 1316 South Bend, Indiana 46601 By. Board of Public WoNi. r, r .�1 f}VED Works 17219 Foundation Parkway Westfield, Indiana 46074 C Title: Title: 22^Z 16 Attest: ttest: Title: e => . .._-....,.. _Title...r:.__ Address for Giving Mutices-------- --Address-for Giving Notices: City of South Bend Wastewater Treatment Plant Attn: Jacob M. Klosinski, P.E. 3113 Riverside Drive South Bend, Indiana 466278 Designated Representative: Name: Jacob M. Klosinski, P.E. Title: Assistant City Engineer Address: 3113 Riverside Drive South Bend, Indiana 46628 Phone: (574) 235-9496 License No. (Where applicable) Designated Representative: Name: Title: Address: Phone: Facsimile: (574) 277-8980 Facsimile: SB WWTP Digester Gas Utilization Design Project No. 116-050 R 00 52 00-9 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date December 12, 2016 Name Jacob M. Klosinski Department Div. of Env. Services BPW Date December 22, 2016 Phone Extension (574) 235-9496 Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ® Carol Kurzhal Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ® Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Required Information Company or Vendor Name Thieneman Construction, Inc. New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE Project Name Wastewater Treatment Plant - Digester Gas Utilization Project Project Number 116-05OR Funding Source Wastewater Capital Improvements and Other Contractual Services Account No. 642-0630-415-43-66 (Capital) and 642-0630-793-63-35 (Oth Contr Serv) Amount $ 754,000.00 Terms of Contract Lump Sum (Not to Exceed, subject to final quantities for unit price items) Purpose/Description The Division of Utilities recommends a Bid Award of Project No. 116- 050R W WTP Digester Gas Utilization Project to Thieneman Construction, Inc. as the lowerst, responsive, responsible bidder. ❑ Required Contractor's Certification Form Attached (Non - Amount of ❑ Increase ❑ Decrease Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ® ❑ Al Greek ® ❑ Jacob M. Klosinski ® ❑ Carol Kurzhal