OPRS 7873 Harmonie State Park HVAC 2 Year Preventative

Agency:	State Government of Indiana
State:	Indiana
Type of Government:	State & Local
NAICS Category:	238220 - Plumbing, Heating, and Air-Conditioning Contractors
Posted Date:	Aug 10, 2026
Due Date:	Aug 17, 2026
Original Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

Description

Project name and number	OPRS 7873 Harmonie State Park HVAC 2 Year Preventative Maintenance Contract
Notice to bidders, bid date, time	Aug. 10, 2026, Noon
Pre-bid meeting date, time, location	N/A
Pre-qualification required	N/A
Project specifications	Scope of Work
Plan	Instructions to Bidders
Meeting minutes, addenda, clarification requests due	N/A
Other documents - Scope of Work (SOW), Schedule A, Preventative Maintenance Services, Bid Contract Specifications, Additional Specifications	Schedule A Specifications
Applicable (assigned) DNR buyer or Project ManagerÂ	Email

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STATE OF INDIANA’S

STANDARD CONTRACT FOR PUBLIC WORKS CONSTRUCTION PROJECT

(For projects estimated under $150,000)

Contract # ______

THIS PUBLIC WORKS CONSTRUCTION CONTRACT (“Contract”), entered into by and between the

Indiana Department of Administration’s Public Works Division (“State”) and XXXXXXXXXX (“Contractor”),

is executed pursuant to the terms and conditions set forth herein and is governed by Indiana Code 4-

13.6, et seq. In consideration of those mutual undertakings and covenants, the parties agree as follows

for the following Public Works Project:

Project Number:

Project Name:

Designer (if applicable):

Purchase Order Number:

Institution/Department:

Req. No:

XXXXXXXXX

1. Definitions. The following definition of “Contract Documents” applies throughout this Contract for the

State’s Public Works Project Number XXXXX (“Project”).

The term “Contract Documents” shall mean and include the following: this Contract and the Project

Bid Package which includes but is not limited to the Public Work’s Solicitation for Quotation (DAPW

35), Bid Documentation, Pre-Contract Document, General Conditions (DAPW 26), Supplementary

Conditions, Instructions to Bidders, Drawings, Specifications, and Addenda, issued by the State in

connection with the Project and prior to the submission of the Contractor’s Proposal.

Subject to Section 38, Order of Precedence, Incorporation by Reference, of this Contract, Contract

Documents shall also consist of the Contractor’s Proposal and Response, as well as any other

documentation submitted by it in response to the Project (hereinafter collectively referred to as

“Contractor’s Proposal”).

Additionally, Contract Documents shall include any subsequent amendments, change orders and

any written interpretations issued as field orders by the Designer pursuant to General Conditions,

Article 1.2 (DAPW 26) and all field order for minor changes by the State pursuant to General

Conditions, Article 12.3 (DAPW 26). Change orders and amendments shall be executed in the

manner authorized by Section 34, Merger and Modification, of this Contract.

The Contract Documents are specifically and collectively incorporated herein by reference.

2. Duties of Contractor. The Contractor shall furnish all labor and materials, perform all of the work,

and fulfill all of its obligations in conformance with the Contract Documents. These duties of the

Contractor are fully described and captured in the Contract Documents.

3. Consideration. All payments provided herein are subject to appropriations made and funds allocated

as provided by laws of the State of Indiana. The State shall pay the Contractor for performance of this

Contract in current funds as follows:

BASE BID:

ALTERNATE(S):

TOTAL CONTRACT PRICE:

$XXXXXX.XX

4. Term. The term of this Contract is XXX days commencing on the date of the last state signatory to this

Contract.

Page 1 of 16

5. Licensing Standards. The Contractor and its employees and subcontractors shall comply with all

applicable licensing standards, certification standards, accrediting standards and any other laws, rules or

regulations governing services to be provided by the Contractor pursuant to this Contract. The State shall

not be required to pay the Contractor for any services performed when the Contractor, its employees or

subcontractors are not in compliance with such applicable standards, laws, rules or regulations. If

licensure, certification or accreditation expires or is revoked, or if disciplinary action is taken against the

applicable licensure, certification or accreditation, the Contractor shall notify the State immediately and

the State, at its option, may immediately terminate this Contract.

6. Contractor’s Certification. The Contractor certifies that all information and documentation

submitted by it in the Contractor’s Proposal and submitted in response to the Project, is true, accurate

and complete as of the date of this Contract’s effectiveness. The Contractor shall immediately notify the

State of any material change to such information. The Contractor shall immediately notify the State if,

during the course of performance of this Contract, it or any of its principals are proposed for debarment or

ineligibility, or become debarred or declared ineligible, from entering into contracts with the federal

government or any department, agency or political subdivision of the State.

7. Contractor Employee Drug Testing. Pursuant to IC 4-13-18, the Contractor shall implement the

employee drug testing program submitted as part of its Contractor’s Proposal. The State may cancel this

Contract if it determines that the Contractor:

Has failed to implement its employee drug testing program during the term of this

Contract;

Has failed to provide information regarding implementation of the Contractor’s employee

drug testing program at the request of the State; or

Has provided to the State false information regarding the Contractor's employee drug

testing program.

8. Access to Records. The Contractor and its subcontractors, if any, shall maintain all books,

documents, papers, accounting records, and other evidence pertaining to all costs incurred under this

Contract. They shall make such materials available at their respective offices at all reasonable times

during this Contract, and for three (3) years from the date of final payment under this Contract, for

inspection by the State or its authorized designees. Copies shall be furnished at no cost to the State if

requested.

9. Assignment; Successors.

A. The Contractor binds its successors and assignees to all the terms and conditions of this Contract.

The Contractor may assign its right to receive payments to such third parties as the Contractor may

desire without the prior written consent of the State, provided that the Contractor gives written notice

(including evidence of such assignment) to the State thirty (30) days in advance of any payment so

assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be made to

more than one party.

B. The Contractor shall not assign or subcontract the whole or any part of this Contract without the

State’s prior written consent. Additionally, the Contractor shall provide prompt written notice to the State of

any change in the Contractor’s legal name or legal status so that the changes may be documented and

payments to the successor entity may be made.

10. Assignment of Antitrust Claims. As part of the consideration for the award of this Contract, the

Contractor assigns to the State all right, title and interest in and to any claims the Contractor now has, or

may acquire, under state or federal antitrust laws relating to the products or services which are the

subject of this Contract.

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11. Audits. The Contractor acknowledges that it may be required to submit to an audit of funds paid

through this Contract. Any such audit shall be conducted in accordance with IC § 5-11-1, et seq., and

audit guidelines specified by the State.

The State considers the Contractor to be a “Contractor” under 2 C.F.R. 200.331 for purposes of this

Contract. However, if it is determined that the Contractor is a “subrecipient” and if required by applicable

provisions of 2 C.F.R. 200 (Uniform Administrative Requirements, Cost Principles, and Audit

Requirements), Contractor shall arrange for a financial and compliance audit, which complies with 2

C.F.R. 200.500 et seq.

12. Authority to Bind Contractor. The signatory for the Contractor represents that he/she has been

duly authorized to execute this Contract on behalf of the Contractor and has obtained all necessary or

applicable approvals to make this Contract fully binding upon the Contractor when his/her signature is

affixed, and accepted by the State.

13. Changes in Work. The Contractor shall not commence any additional work or change the scope of

the work until authorized in writing by the State. Contractor shall make no claim for additional

compensation in the absence of a prior written approval and amendment executed by all signatories

hereto. This Contract may only be amended, supplemented or modified by a written document executed

in the same manner as this Contract.

14. Compliance with Laws.

A. The Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and

ordinances, and all provisions required thereby to be included herein are hereby incorporated by

reference. The enactment or modification of any applicable state or federal statute or the promulgation of

rules or regulations thereunder after execution of this Contract shall be reviewed by the State and the

Contractor to determine whether the provisions of this Contract require formal modification.

B. The Contractor and its agents shall abide by all ethical requirements that apply to persons who have a

business relationship with the State as set forth in IC § 4-2-6, et seq., IC § 4-2-7, et seq. and the

regulations promulgated thereunder. If the Contractor has knowledge, or would have acquired

knowledge with reasonable inquiry, that a state officer, employee, or special state appointee, as

those terms are defined in IC § 4-2-6-1, has a financial interest in the Contract, the Contractor shall

ensure compliance with the disclosure requirements in IC § 4-2-6-10.5 prior to the execution of

this Contract. If the Contractor is not familiar with these ethical requirements, the Contractor should refer

any questions to the Indiana State Ethics Commission, or visit the Inspector General’s website at

http://www.in.gov/ig/. If the Contractor or its agents violate any applicable ethical standards, the State

may, in its sole discretion, terminate this Contract immediately upon notice to the Contractor. In addition,

the Contractor may be subject to penalties under IC §§ 4-2-6, 4-2-7, 35-44.1-1-4, and under any other

applicable laws.

C. The Contractor certifies by entering into this Contract that neither it nor its principal(s) is presently in

arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required payments to

the State of Indiana. The Contractor agrees that any payments currently due to the State of Indiana may

be withheld from payments due to the Contractor. Additionally, further work or payments may be withheld,

delayed, or denied and/or this Contract suspended until the Contractor is current in its payments and has

submitted proof of such payment to the State.

D. The Contractor warrants that it has no current, pending or outstanding criminal, civil, or enforcement

actions initiated by the State, and agrees that it will immediately notify the State of any such actions.

During the term of such actions, the Contractor agrees that the State may delay, withhold, or deny work

under any supplement, amendment, change order or other contractual device issued pursuant to this

Contract.

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E. If a valid dispute exists as to the Contractor’s liability or guilt in any action initiated by the State or its

agencies, and the State decides to delay, withhold, or deny work to the Contractor, the Contractor may

request that it be allowed to continue, or receive work, without delay. The Contractor must submit, in

writing, a request for review to the Indiana Department of Administration (IDOA) following the procedures

for disputes outlined herein. A determination by IDOA shall be binding on the parties. Any payments that

the State may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest,

except as permitted by IC § 5-17-5.

F. The Contractor warrants that the Contractor and its subcontractors, if any, shall obtain and maintain all

required permits, licenses, registrations, and approvals, and shall comply with all health, safety, and

environmental statutes, rules, or regulations in the performance of work activities for the State. Failure to

do so may be deemed a material breach of this Contract and grounds for immediate termination and

denial of further work with the State.

G. The Contractor affirms that, if it is an entity described in IC Title 23, it is properly registered and owes

no outstanding reports to the Indiana Secretary of State.

H. As required by IC § 5-22-3-7:

(1) The Contractor and any principals of the Contractor certify that:

(A) the Contractor, except for de minimis and nonsystematic violations, has not

violated the terms of:

(i) IC §24-4.7 [Telephone Solicitation Of Consumers];

(ii) IC §24-5-12 [Telephone Solicitations]; or

(iii) IC §24-5-14 [Regulation of Automatic Dialing Machines];

in the previous three hundred sixty-five (365) days, even if IC § 24-4.7 is preempted

by federal law; and

(B) the Contractor will not violate the terms of IC § 24-4.7 for the duration of the

Contract, even if IC §24-4.7 is preempted by federal law.

(2) The Contractor and any principals of the Contractor certify that an affiliate or principal of

the Contractor and any agent acting on behalf of the Contractor or on behalf of an affiliate

or principal of the Contractor, except for de minimis and nonsystematic violations,

(A) has not violated the terms of IC § 24-4.7 in the previous three hundred sixty-five

(365) days, even if IC §24-4.7 is preempted by federal law; and

(B) will not violate the terms of IC § 24-4.7 for the duration of the Contract, even if IC

§24-4.7 is preempted by federal law.

15. Condition of Payment. All services provided by the Contractor under this Contract must be

performed to the State’s reasonable satisfaction, as determined at the discretion of the undersigned State

representative and in accordance with all applicable federal, state, local laws, ordinances, rules and

regulations. The State shall not be required to pay for work found to be unsatisfactory, inconsistent with

this Contract or performed in violation of and federal, state or local statute, ordinance, rule or regulation.

16. Confidentiality of State Information. The Contractor understands and agrees that data, materials,

and information disclosed to the Contractor may contain confidential and protected information. The

Contractor covenants that data, material, and information gathered, based upon or disclosed to the

Contractor for the purpose of this Contract will not be disclosed to or discussed with third parties without

the prior written consent of the State.

The parties acknowledge that the services to be performed by Contractor for the State under this Contract

may require or allow access to data, materials, and information containing Social Security numbers

maintained by the State in its computer system or other records. In addition to the covenant made above

in this section and pursuant to 10 IAC 5-3-1(4), the Contractor and the State agree to comply with the

Page 4 of 16

provisions of IC § 4-1-10 and IC § 4-1-11. If any Social Security number(s) is/are disclosed by

Contractor, Contractor agrees to pay the cost of the notice of disclosure of a breach of the security of the

system in addition to any other claims and expenses for which it is liable under the terms of this contract.

17. Continuity of Services.

A. The Contractor recognizes that the service(s) to be performed under this Contract are vital to the State

and must be continued without interruption and that, upon Contract expiration, a successor, either the

State or another contractor, may continue them. The Contractor agrees to:

1. Furnish phase-in training; and

2. Exercise its best efforts and cooperation to effect an orderly and efficient transition to a

successor.

B. The Contractor shall, upon the State's written notice:

1. Furnish phase-in, phase-out services for up to sixty (60) days after this Contract expires;

and

2. Negotiate in good faith a plan with a successor to determine the nature and extent of

phase-in, phase-out services required. The plan shall specify a training program and a date

for transferring responsibilities for each division of work described in the plan, and shall be

subject to the State's approval. The Contractor shall provide sufficient experienced

personnel during the phase-in, phase-out period to ensure that the services called for by

this Contract are maintained at the required level of proficiency.

C. The Contractor shall allow as many personnel as practicable to remain on the job to help the

successor maintain the continuity and consistency of the services required by this Contract. The

Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site

interviews with these employees. If selected employees are agreeable to the change, the Contractor shall

release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the

successor.

D. The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred

within the agreed period after contract expiration that result from phase-in, phase-out operations).

18. Debarment and Suspension.

A. The Contractor certifies by entering into this Contract that neither it nor its principals nor any of its

subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or

voluntarily excluded from entering into this Contract by any federal agency or by any department, agency

or political subdivision of the State of Indiana. The term “principal” for purposes of this Contract means an

officer, director, owner, partner, key employee or other person with primary management or supervisory

responsibilities, or a person who has a critical influence on or substantive control over the operations of

the Contractor.

B. The Contractor certifies that it has verified the state and federal suspension and debarment status for

all subcontractors receiving funds under this Contract and shall be solely responsible for any recoupment,

penalties or costs that might arise from use of a suspended or debarred subcontractor. The Contractor

shall immediately notify the State if any subcontractor becomes debarred or suspended, and shall, at the

State’s request, take all steps required by the State to terminate its contractual relationship with the

subcontractor for work to be performed under this Contract.

19. Default by State. If the State, sixty (60) days after receipt of written notice, fails to correct or cure

any material breach of this Contract, the Contractor may cancel and terminate this Contract and institute

the appropriate measures to collect monies due up to and including the date of termination.

20. Disputes.

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OPRS 7873 Harmonie State Park HVAC 2 Year Preventative

Description

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