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HomeMy Public PortalAbout111-2015 - Metro - American Environmental Corp.- Phase 1 Remediation - Part 2SECTION 00100 INSTRUCTIONS TO BIDDERS PART 1 GENERAL 1.1 SCOPE The contract work provides for construction of the Former Carpenter Manufacturing Site Remedlation Work — Phase 1, and other related items pertinent and incidental thereto, including the furnishing of all labor, materials, supplies, equipment, work and services, ready for satisfactory and continuous operation, in accordance with the drawings and specifications. 1.2 DEFINED TERMS A. The term "Bidder" means one who submits a bid directly to Owner, as distinct from a "Sub - bidder" who submits a bid to a Bidder. B. The term "Successful Bidder" means the lowest qualified, most responsible and responsive Bidder to whom the Owner (on the basis of Owners evaluation as hereinafter provided) makes an award. C. The term "Bidding Documents" includes the following: 1. Advertisement for Bids. 2. Instructions to Bidders. 3. Bid Form. 4. Federal Contract Provisions. 5. Standard General Conditions of the Contractor's Contract. 6. Supplementary Conditions. 7. Specifications (Sections 00020 through 16446). & Approved Site Investigation/Remedlation Work Plan (SI/RWP) dated September 16, 2013. 9. All Addenda issued prior to receipt of Bids. D. The term "Contract Documents" includes the following: 1. Contractor's Agreement Form. 2. All Addenda. �etw la,rxr.,Aratiw, oa L�n1�s,�osooy�ew,wMnu�vxstiowaoarsrMaVM WC Weaver Consultants Group, LLC 00100 -Page 1 of 8 3. Contractor's Bid. 4. Performance and Payment Bonds. S. Standard General Conditions of the Contractor's Contract. 6. Supplementary Conditions. 7. Specifications (Sections 00020 through 16446). 8. Approved Site Investigation/Remediation Work Plan (SI/RWP) dated September 16, 2013. 9. All Addenda issued prior to receipt of Bids. 1.3 COPIES OF BIDDING DOCUMENTS A. Complete sets of the Bidding Documents in the number and for the fee stated in the Advertisement for Bids may be obtained from the City of Richmond, Department of Metropolitan Development, 50 North 5a' Street, Richmond, IN 47374, (765) 983-7211. B. Contractors who are submitting a bid for this project (Bidders) must purchase at least one complete set of bidding documents. C. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. D. It is the Bidder's responsibility to assume that all "sub -bidders" have based their bids on complete sets of bidding documents. Neither the bidder nor sub -bidder is entitled to additional compensation due to failure to use complete sets of bidding documents in preparing their bids. E. Owner and Engineer in making copies of complete Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. Work to be performed shall be in accordance with the Contract Documents. 1.4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. it is the responsibility of each Bidder before submitting a Bid to (1) examine the Contract Documents thoroughly; (2) visit the site to become familiar with local conditions that may affect cost, progress, performance, or furnishing of the Work; (3) consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work; (4) study and carefully correlate Bidder's observations with the Contract Documents; and (S) notify Engineer of all conflicts, errors, or discrepancies in the Contract Documents. B. No extra compensation shall be allowed the Successful Contractor by reason of any matter or thing which the Contractor failed to fully inform him, as mentioned above, prior to the bidding. rlwesn+4aeYrwwetiunoNt�ao r t�o�oclv�auKWAcWnccsioo MWT.n%&0V& .MX Weaver Consultants Group, LLC 00WO - Page 2 of 8 1.5 INFORMATION NOT GUARANTEED A. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site are based upon information and data furnished to the Owner and Engineer by owners of such underground facilities, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof. B. All information given relating to borings, material encountered, and groundwater is from the reports of the geotechnical contractor. Such information is furnished only for the information and convenience of the Bidders. it is understood and agreed that the Owner does not warrant or guarantee as to the accuracy or completeness of such information. C. Before submitting a Bid, each Bidder may, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies, and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. D. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of the Instructions to Bidders, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing of the Work. 1.6 INTERPRETATIONS AND ADDENDA A. All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered at least five (5) days prior to the receipt of Bids to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by a formal written Addendum will be binding upon the Owner. Oral and other interpretations or clarifications will be without legal effect. B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. C. In general, the Owner will neither approve nor disapprove particular products prior to the opening of the Bids; such products will be considered when offered by the Contractor for incorporation into the work. c�wasw►a rwFoaa mv�+9ao ss%"ampmAmy" aw%mw#w.roaoomDm Weaver Consultants Group, LLC 00100 -Page 3 of 8 1.7 BID SECURITY A. Each Bid must be accompanied by Bid security made payable to the Owner in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified check or an acceptable Bid Bond. The Bid Bond shall be from an incorporated surety company in good standing and qualified to do business in the State of Indiana and listed on OMB Circular 570. B. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder falls to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. C. The Bid security of other Bidders, whom Owner believes to have a reasonable chance of receiving the award, may be retained by Owner for a period of 90 days after the Bid opening. 1.8 AFFIDAVIT OF NON -COLLUSION A. Each Bid must be accompanied by an Affidavit of Non -Collusion, which is included in Form 96, completely executed, signed, and notarized. 1.9 EXPERIENCE, PLANT AND EQUIPMENT QUESTIONNAIRE, AND FINANCIAL STATEMENT A. It is the intent of the Owner not to award the Contract to any Bidder who does not furnish satisfactory evidence he has the ability and experience in this class of work and that he has sufficient capital and plant experience to enable him to prosecute the same successfully and to complete it in the time named in the Bid. B. To enable the Owner to determine the ability, experience, and capital resources of the Bidder, each Bidder shall execute completely and accurately in all respects Form 96, "Contractors Bid For Public Works" as prescribed by the Indiana State Board of Accounts, including Section III of Part II "Contractor's Financial Statement." Said Form 96 shall be included with the Bid. 1.10 LETTER FROM SURETY A. When requested in writing by the Owner, the Contractor shall submit within seven (7) days of the date of the written request, a letter or statement from his surety company that it will execute and deliver a 100% Performance Bond and a 100% Payment Bond. 1.11 SUBSTITUTE OR "OR EQUAL" ITEMS A. The Contract, if awarded, will be on the basis of materials and equipment described in the drawings or specified in the specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor, if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement is executed. c�westina�rraFauwtrowt�aio- w�ow�ww cumaoalmuorKsrms�o�sooc We~ ConsuhantsGroup, LLC 00100 -Page 4 of 8 1.12 BID FORM A. All Bids must be submitted upon the Bid Form which will be furnished by the Owner. The form shall be completely executed and shall give the price bid for each item of work proposed and shall be signed by the Bidder. The Affidavit of Non -collusion, which is a part of Form 96, must be completely executed. B. Bids by corporations must be executed In the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). The corporate address must be shown below the signature. C. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below signature. D. All names must be typed or printed below the signature. E. The Bid shall contain an acknowledgement of received Addenda (the numbers of which must be filled in on Bid Form). 1.13 CONTRACT TIME A. The Contract Time is specified in the Bid Form, Section 00300. 1.14 SUBMISSION OF BIDS A. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 1.15 MODIFICATION AND WITHDRAWAL OF BIDS A. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. B. If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may Withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. �iwea►ncue�vr n an ,►� w�ao c,+.w+wu►mayaa,aomor. ooc Weaver Consultants Group, LLC 001W - Page 5 of 8 1.16 OPENING OF BIDS A. Bids will be opened and (unless obviously non -responsive) read aloud publicly. An official tabulation of the Bids and major alternates (if any) will be made available to Bidders within seven days after they have been checked and certified by the Engineer. 1.17 BIDS TO REMAIN SUBJECT TO ACCEPTANCE A. All Bids will remain subject to acceptance for 90 days after the day of the Bid opening. Owner reserves the right to retain the three lowest bid proposals for a period of not more than 150 days, and said proposals shall remain in full force and effect during said time. Owner may, at its sole discretion, release any Bid and return the Bid security prior to these dates. Bids shall remain in full force and effect during said period. 1.18 COMPARISON OF BIDS A. Bids will be compared on the basis of the Base Bid. 1.19 AWARD OF CONTRACT A. Owner reserves the right to reject any and all Bids, to waive any and all informalities not Involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all non -conforming, non -responsive, unbalanced, or conditional Bids. Also, Owner reserves the right 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 falls to meet any other pertinent standard or criteria established by the Owner. 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. B. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. C. Owner will consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for the Work. D. 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. 1.20 LOCAL LICENSING A. General Contractors and/or Owner Occupants do not have to be licensed in the City of Richmond. However, they must know and adhere to all building codes and zoning regulations. ctwserrooveor�ww►cwnocs�oo�oouYsrrasioo�xsooc Wearer Consultants Group, LLC 00200 -Page 6 of 8 B. The following must be licensed in the City of Richmond: 1. Electrical Contractors 2. Heating & A/C Contractors 1.21 SIGNED AGREEMENT AND CONTRACT SECURITY A. When the Successful Bidder delivers the executed Agreement to the Owner, it shall be accompanied by the required Performance Bond and Payment Bond, acceptable to the Owner, in the amount of 100% of the final accepted Bid price. B. Three (3) copies of the Agreement, Performance Bond, and Payment Bond, completely executed, shall be delivered to Owner for his signing. The Owner thereafter shall deliver one fully signed Agreement to the Successful Contractor. 1.22 FORFEITURE OF BID SECURITY A. In the event the parry to whom the Contract is awarded shall fail or neglect to execute the Agreement and furnish satisfactory bonds within 15 days after the Owner has notified him that the Agreement is ready for execution, the Owner may determine that the Bidder abandoned the Agreement and thereupon the Bid and acceptance shall be null and void; and the security accompanying the Bid shall be forfeited to and retained by the Owner as liquidated damages for such failure and neglect, and to indemnify the Owner for any loss which may be sustained by failure of the Bidder to execute the Agreement. After the execution of the Agreement and the acceptance of the bonds by the Owner, the Bid securities, in the form of a check, which have been retained by the Owner, shall be returned to the respective Bidders. 1.23 PRE -BID CONFERENCE A. A Pre -bid Conference will be held at the place and time designated in the Advertisement for Bids. A site tour will be conducted immediately following the conference. 1.24 INSURANCE REQUIREMENTS A. The Contractor shall furnish all the insurance coverage required under Article 5 of the Standard General Conditions of the Construction Contract and Supplementary Conditions (Section 00800 of the specifications). 1.25 SUMMARY OF ITEMS TO BE SUBMITTED WITH THE CONTRACTOR'S BID A. Bid Form - completely executed and signed. B. Bid Security - acceptable Bidder's bond or certified check in an amount of not less than 5% of the total Bid price. C. Form 96 "Contractors Bid for Public Works" - Including Non -Collusion Affidavit, completely executed, signed, and notarized as prescribed by the Indiana State Board of Accounts, and �ciw►cuAvrwFwaanvaowsoo�nfa�wlcwooawwDomsrm�aoeexooc Weaver Consultants Group, LLC 00100 • Page 7 of 8 Section III of Part II of Form 96 titled, "Contractor's Financial Statement." This form may be downloaded in a fill-in protected PDF file at the following link (Set Form Number "Equals" 52414 in the appropriate search boxes): http://www.in.p—ovljcor/webfile/­formsdiv/index.html D. Minority (MBE) and Women's (WBE) business subcontractor listing (last two pages of the Bid Form, Section 00300) completely executed. If the amount of MBE/WBE involvement identified is less than the fair share goal listed in Section 00824 of this specification, bidder must document efforts to achieve the fair share as described in specification Section 00824, and include such documentation with the bid. E. The following items are required by the Indiana Brownfield Revolving Loan Fund (RLF) Loan Program and are also to be submitted with the bid: 1. Minority (MBE) and Women's (WBE) business subcontractor listing (last two pages of the Bid Form, Section 00300) completely executed. If the amount of MBE/WBE involvement identified is less than the fair share goal listed in Section 00824 of this specification, bidder must document efforts to achieve the fair share as described in specification Section 00824, and include such documentation with the bid. 2. Public Works and Indiana Finance Authority— Good Faith Efforts Worksheet (located in 00824 of this specification). 3. Bidder's List (located in 00824 of this specification) 4. Form OEE-1, Certification of Non -Segregated Faciiities-completely executed and signed (located in 00824 of this specification). F. Brief statement of the Bidder's design approach and equipment proposed to meet the Performance -Based Project Requirements (included In Section 00300, Bid Form). G. Brief statement of experience and qualifications with similar Work, including not more than five project descriptions for similar Work completed by the Bidder. END OF SECTION ctwseM{a�. �o.aov�a,►wMowma�oo on.�esrmebar noc weaver consultants Group, LW 00100 -Page 8 of 8 SECTION 00300 BID FORM FORMER CARPENTER MANUFACTURING SITE REMEDIATION WORK - PHASE 1 To: Board of Public Works and Safety City of Richmond, Indiana 50 North 5'h Street Richmond, IN 47374 (765) 983-7211 Pursuant to the published "Advertisement for Bids", the undersigned has investigated the conditions affecting the cost of the proposed Former Carpenter Manufacturing Site Remediation Work — Phase 1, and having examined the Site and understanding the requirements set forth in the Contract Documents, hereby proposes to provide and furnish all labor, materials, tools, equipment and all utility and transportation services necessary to perform and complete, in a workmanlike manner, all the above work as required by said Contract Documents, including any and all addenda now on file in the Office of the Department of Metropolitan Development, 50 North 5a' Street, Richmond, Indiana 47374. BASE BID Bidder agrees to perform all of the Work described in the Contract Documents for the following best and final Prices listed on the Bid Form below. The unit and lump sum prices shown in the Bid Form below include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, taxes, and other costs necessary to complete the furnished work of the several kinds called for. The Bidder is solely responsible to provide sufficient materials, equipment and effort to complete the work. The Bidder declares that it understands (a) that the quantities shown for unit price items are approximate only and are subject to either increases or decreases, (b) that, If the quantities of any of the items or work are increased, the Bidder proposes to do the additional work at the prices stated herein; and if such quantities are decreased, the Bidder also understands that payment will be made on the basis of the actual quantities at the unit price bid and will make no claim for anticipated profits for any decreases in quantities, and (c) that actual quantities will be determined upon completion of the Work at which time adjustments will be made to the contract amount by direct increase or decrease. �twaarnaurur.�raw+� w�olMcv+w�Maevoocsloa�ooso,a EWC Weaver Consultants Group, LLC 00300 -Page 1 of 8 BID FORM FORMER CARPENTER MANUFACTURING SITE REMEDIATION WORK — PHASE 1 Item Bid Item Descripdon Quantity Unit Unit Price Total Price Preconstruction Activities and 1 1 LS Mobilization Feld Engineering, Underground 2 Utility Locating, and Remediation 1 LS System Layout Furnish and Utilize Security, Barricades, and Temporary Fence 3 1 LS for Public Protection During Remediation System Construction Drilling and Installation of HVDPE 4 6 EA Remediation Wells Furnish and Install Remediation 5 Well HVDPE Service Lines and 1 LS Related Interconnections Furnish and Install Remediation 6 System Equipment, Controls, and 1 LS Enclosure Remediation System Startup, 7 1 LS Shakedown, and Optimization Construction Demobilization and 8 1 LS Record Drawings Monthly Operation and 9 Maintenance of Remediation 24 MO System Complete Demobilization and Site 10 1 LS Restoration at Project Completion ::':1:^t,'.4.'`. '`:.:y TOTAL BASE BID `.`S.:-J:Ty - +^'Y,'i.�:' ....:.. • 3Y•.v,•iri�V:1: i;''wti t�z.,u� .�Y^ ew'b....A•4.'extiyi7"ts'�` s-.�1s:3•w..`tx..''r'-'1s�'a k��c,'.`,.�`�,�.•�3`��� • PERFORMANCE AND PAYMBNT •.:-w�i:^.'.�Ariy.1 n.... 130faW OVit�/.l� .',.:. w^:, :JS ap,.ta't ., •.-.1?�.i;cti.:.:.,: •:: '.•, ::':itr.,_-,fc , . •f c✓ <•1•:•yilV. ,;ol<�@lk...�+1H_._N�_[: <'%'�^�.:i'=':�ws�'V'�i •'t`<r ••RN'f.i`J�� TOTAL BASE BID COST TO THEOWNMI ._ 5: klv vi'r''.�t_1'.•'.�ji'..... 4yfi "'�:.4' 5`�Y_. •.`Z.,: :':1Y.>::C': _ !,• `:iy: k'£-�".'r�`... kd .+.i'^y..j c.`. +.n,.�.v:1. .t+^^:.a ';,;',4... ::tv .4'i`.�_, Ti:'.�i. >s.ti:.c'•vy. .[��•l:^^ir - .n.7i4: L•t:w-(.^"�^'IiC. v.-i�`'�--._C3i.t�4 .,�4F.: a)::w 'if: ' Enter additional cost for the required 100% performance and payment bonds for the project as detailed In Sections 00610, 00615, and 00700 of the Contract Documents. The surety providing the Bonds) must be on the U.S. Treasury Department's list of approved bonding companies and the EXDC forms C-610 and C-615 with afrrAed corporate seals are the only approved formats. r:�ws�na�+vrw�a►una soo-��wa�w�or�wMcurnoarioa mo�+on�rnx Weaver Comitants &wp, LLC 00300 -Page 2 of 8 BID ITEM MEASUREMENT AND PAYMENT Item 1— Preconstruction Activities and Mobilization - The lump sum price for this item shall be payment in full for mobilization of all parts, material, and equipment to the site as well as Contractor -provided utilities and ongoing related expenses considered normal for administration of the work. Included in this bid item shall also be the cost associated with up -front permitting and plan preparation including, but not limited to, obtaining the industrial pretreatment discharge authorization permit, building permit (If any), and authorization to construct and operate from the Office of Air Management in conformance with Section 01010, and preparation of the site specific health and safety plan in conformance with Sections 02500, 01501, and 01700. item 2 — Field Engineering. Underground Utility Locating, and Remediation System Layout - The lump sum price for this item shall be payment in full for all work necessary to verify existing underground utilities, layout the remediation wells, and the remediation system, and to prepare the Record Drawings in conformance with Sections 01010 and 01050_ Payment will follow Engineer's approval of the Contractor's required submittals. Item 3 — Furnish and Utilize Security. Barricates. and Termporary Fence for Public Protection During Remediation System Construction — The lump sum price for this item shall be payment in full for all work necessary to fumish and maintain security of the Contractor's operations and laydown area, as well as barricades and temporary fence that will be needed to protect the tenants and members of the public who work at or visit the facility in conformance with Section 01501. Progress payments may begin following Engineer's approval of the Contractor's protective measures. Item 4 — Drilling and Installation of HVDPE Remediation Wells — The unit price per well for this item shall be payment in full for all fumishing and installation of all materials, parts, equipment, and labor to contruct the HVDPE remediation wells in conformance with Sections D2050, 02521, and 03300. Progress payments may begin following the completion and Engineer's approval of each HVDPE remediation well. Item 5 — Fimish and Install Remediation Well HVDPE Service Lines and Related Interconnections — The lump sum price for this item shall be payment in full for all furnishing and installation of all materials, parts, equipment, and labor to construct the dual -phase service lines and related interconnections that may be required by the Contractor's design in conformance with Sections 02050, 02316, 02519, 03300, and 15200. This item is anticipated to be completed under a single progress payment. Ism 6 — Fumish and Install Remediation System Equipment. Controls, and Enclosure — The lump sum price for this item shall be payment in full for all fumishing and Installation of all materials, parts, equipment, and labor to construct, furnish, deploy, and connect the remedation system equipment with the HVDPE remediation welts in conformance with Sections 11300, 13120, 15200, 16050,16402, 16"0, 16510. This item is anticipated to be completed under a single progress payment after the Engineer's approval of the delivery and installation of an acceptable remediation system. Item 7 — Remediation System Startum Shakedown, and Optimization - The lump sum price for this item shall be payment in full for all fumishing and installation of all materials, parts, equipment, and labor to start, test, and optimize the remediation system operation over the minimum 7-day commissioning period in conformance with Section 1010 and 01810. This item is anticipated to be completed under a single progress payment after the Engineer's approval of the commissioning process and Contractor's commissioning report. ctiwvwAaAMrooat =MFOMOM Weaver Consultants Group, LLC 003W -Page 3 of 8 Item 8 — Construction Demoblization and Record Drawings — The lump sum price for this item shall be payment in full for all furnishing and installation of materials, parts, equipment, and labor to demobilize all construction equipment and materials at the conclusion of construction, as well as to provide record drawings of the remediation system and HVDPE wells in conformance with Sections 01010, 01050, and 01700. Item 9 — Monthly Operation and Maintenance - The monthly price for this item shall be payent in full for all furnishing and installation of materials, parts, equipment, labor, electrical power, sanitary sewerage fees, sampling and analysis of water or vapor as may be required under all permits the Contractor is required to hold to operate the remediation system, and all other costs for operation and maintenance of the remediation system in conformance with Sections 01010 and 01830. Monthly progress payments will follow the Engineer's approval of the monthly O&M report submittals as required. Item 10 — Site Restoration and Demobilization — The lump sum price for this item shall be payment in full for final decontamination of all equipment, removal of all temporary facilities (including but not limited to the remediation system equipment and enclosure), sealing and abandonment of all remediation wells in accordance with State law, demobilize all equipment and materials from the site, and final restoration of the site to its original condition in conformance with Sections 01010, 02316, and 02519. SCHEDULE The undersigned further agrees to be substantially complete with the furnishing and construction of all such work within 180 consecutive calendar days from and inducting the date of commencement to be stipulated in a written "Notice to Proceed" to be issued by the Board of Sanitary Commissioners. All work shall be completed and ready for final payment within 210 days of the "Notice to Proceed." ACKNOWLEDGEMENT OF ADDENDA Bidder acknowledges receipt of the following Addenda: Bidder shall furnish and operate the following remediation equipment (listed below) and represents that it shall be capable of meeting the performance -based project requirements: (attach additional sheets, technical literature, and explanation(s) as desired or needed to demonstrate the capacity of the proposed remediation equipment). �«1tcuavr�w�eru{a�ootp+rar�uxlr.�rnocsiaa�aoseAa�wnoc Weaver Consultants Group, LLC 00300 - Page 4 of 8 1:11111:* 'ii t► U "WIN 0 ;\ 1; U V ► -191;v ► 1 Bidder takes the following exceptions to the prescribed performance -based project requirerment (listed below), and bases his/her bid on the following alternative performance -based requirements (listed below) and represented by the bidder to be equally effective or more effective than the prescribed requirements: (attach additional sheets, technical literature, and explanation(s) as desired or needed to demonstrate the effectiveness of Bidder's alternate(s)). The Bidder shall submit in writing for review and approval of the Owner the names of all subcontractors proposed for the work. Subcontractors may not be changed, except at the request or with the approval of the Owner. The bid, as submitted, is based upon the following Subcontractors: Type of Service Name of Company Telephone Number 00300 - Page 5 o The undersigned encloses herewith a certified check payable to the City of Richmond, Indiana, or an acceptable bidder's bond binding the undersigned and surety to the City of Richmond, Indiana, in the amount of Dollars ($ ) which amount is not less than five percent (5%) of the BASE BID as set out above, guaranteeing that the undersigned will enter into Contract for the performance of the work if this Proposal is accepted. Form 96, "Contractors Bid For Public Works" as prescribed by the Indiana State Board of Accounts, including Section III of Part 11 "Contractor's Financial Statement" is properly executed and attached hereto. A Noncoliusion Affidavit, as required by the statutes of the State of Indiana, is properly executed and included in Part 1 of Form 96. It is hereby agreed that this Bid shall remain in full force and effect and may not be withdrawn for a period of 90 days from the date of receiving Bids by the City of Richmond. The Richmond Board of Public Works and Safety reserves the right to retain the three lowest Bid proposals for a period of not more than 150 days, and said Bid proposals shall remain in full force and effect during said time. Bid respectfully submitted by: Dated: .2015 (Contractor) (individual_J(Partnership_J(Corporation_) By: Address: NOTE: The legal status of the Bidder, whether as an individual, partnership, or corporation, must be indicated above, and all pertinent information as required by the specifications must be furnished. clw.salaryr no�l�ca�lw�ov+�►AUMC"DOCWM.bPOMmc weaver torments Group,LLc 00300 -Page 6 of 8 CT1Y0FRX3D4=,WL4NA FORNilatt CARPENTERMANUFACrURING SM RENIEDIATION WORK -PHASE 1 i ; r t �� f►��: ail The Bidder shall identify all proposed minority and women's business enterprises that will be performing work under this Contract as subcontractors or suppliers of goods and/or services. The Bidder certifies that the following firms or businesses will be awarded subcontracts for the Indicated portions of the work in the event that the Bidder is awarded the Contract. A Bidder who falls to provide the required information or whose MBE/WBE participation is less than the Owner's stated fair share goals and has not provided adequate documentation of positive efforts in compliance with Federal Contract Provisions (Section 00824 of these specifications) may be deemed as not responsive and his bid rejected. (If space is inadequate, attach additional sheets with Identical information.) Minority & Women's Businesses Listing Name of Firm: Type of Work: Name of Contact Person: Phone(_ ) Address: Street Classification: MBE () or WBE () $ Amount MBE/WBE Eligibility Application Attached? City State Zip % of Bid Price Yes No Name of Firm: Type of Work: Name of Contact Person: Phone ( _ ) Address: Street City State Zip Classification: MBE () or WBE () $ Amount MBE/WBE Eligibility Application Attached? % of Bid Price Yes No xtr w►a,ev►. nw,ian39oa�w+u�►MwMANcMvOOCROVo MFaWDW Weaver consuRantsGroup, LLc 00300 • Page 7 of 8 Name of Firm: Type of Work: Name of Contact Person: Phone(_ ) Address: Street City State Zip Classification: MBE () or WBE () $ Amount % of Bid Price MBE/WBE Eligibility Application Attached? Yes No Name of Firm: Type of Work: Name of Contact Person: Phone Address: Street City State Zip Classification: MBE () or WBE {) $ Amount % of Bid Price MBE/WBE Eligibility Application Attached? Yes No _ Name of Firm: Type of Work: Name of Contact Person: Address: Street City Classification: MBE () or WBE () $ Amount Phone(_ ) State Zip % of Bid Price MBE/WBE Eligibility Application Attached? Yes No Total MBE Amount: $ % of Bid Total WBE Amount: $ % of Bid END OF SECTION titwea►�akxr aaawsra m ►oraolrea .ur000a�aa�ooen asaa Weew coraukants Coup. LLC 00300 -Page 8 of 9 E CDC EW.MEERS JOIXT OWRACI OOCUMEMrs CONM11TEE CONTRACTOR (name and address): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): PERFORMANCE BOND SURETY (name and address of principal placse of business): BOND Bond Number: Date (not earlier than the Effective Date of dw Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (seal) Contractor's Name and Corporate Sea] SURETY Surety's Name and Corporate Seal By: By: signature Signature (attach power of a(torney) Print Name Title Print Name Title Attest: Attest: Signature Signature Title Title (seal) Notes: (1) Provide mental c wcudon by any additlonel parties, such as John venhirers. (2) Any singular reference to Con actor, Surety, Owner, or other party shall be aonsitiened plural when applicable EJCDC C•610 - Perfo mace Bond Published December 2010 by the Mowers Joint Contract Documents Committee. Page 1 ot3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conferahce among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a confeence, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contend for performance ad completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bands issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1. 5.2, or 53, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for. 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 9. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be Instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within E]CDC C-610— Performance Bond Pablisbed December 2010 by the Engineers Joint Contract Documents Committee. Page 2 43 two years after the Contractor ceased working or within two years after the Surety refirses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense In the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page; including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material term of the Construction tion Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 14.1 Balance of the Contract Price: The total amount payable 16. Modifications to this Bond are as follows: by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Cootnact. EJCDC C-610 — Perforarance Boad NWMW Dearaber 2910 by the Engineers Mat Contract Nm nme Coamntttee. Page 3 of 3 EJCDC E.rGMEeS 016T CONTVXT OO UMENTS CO\MMUE CONTRACTOR (name and address): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): PAYMENT BOND SURETY (name and address of principal place of bustmss): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement ophe Construction Contract): Amount: Modifications to this Bond Form: ❑ None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Title Print Name Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as johtt veuturem (2) Any singular reference to Contractor, Away, Owner, or otker party shag be considered plural wkere applicable: LK DC C 615, Paymem Bead PuW Med Dmmber 2010 by ffie Euslaeps Joint Contract Doeumab Comsitlm Pop 1 of 7. When a Claimant has satisfied the conditions of Paragraph 1. The Contractor and Surety, jointly and severally, bind S.I or 5.2, whichever is applicable, the Surety shall themselves, their heirs, executors, administrators, promptly and at the Surety's expense take the following successors, and assigns to the Owner to pay for labor, actions: materials, and equipment furnished for use in the performance of the Construction Contract, which is 7.1 Send an answer to the Claimant, with a copy to the incorporated herein by reference, subject to the following Owner, within sixty (60) days after receipt of the teams. Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are 2. If the Contractor promptly makes payment of all sums due disputed: and to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any 7.2 Pay or arrange for payment of any undisputed person or entity seeking payment for labor, materials, or amounts. equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor 73 The Surety's failure to discharge its obligations shall have no obligation under this Bond. under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver a odefenses the Surety or 3. If there is no Owner Default under the Construction Contractor may r y haveacquire as to a Claim, Contract, the Surety's obligation to the Owner under this except as to undisputed amounts for which the Bond shall arise after the Owner has promptly notified the Surety and Claimant have reached agreement. It Contractor and the Surety (at the address described in however, the Surety fails to discharge its Paragraph 13) of claims, demands, liens, or suits against the obligations under Paragraph 7.1 or 7.2, the Surety Owner or the Owner's property by any person or entity shall indemnify the Claimant for the reasonable seeking payment for labor, materials, or equipment attorney's fees the Claimant incurs thereafter to furnished for use in the performance of the Conduction recover any sums found to be due and owing to the Contract, and tendered defense of such claims, demands, Claimant liens, or suits to the Contractor and the Surety. 8. The Surety's total obligation shall not exceed the amount of 4. When the Owner has satisfied the conditions in Paragraph this Bond, plus the amount of reasonable attorney's fees 3, the Surety shall promptly and at the Surety's expense provided under Paragraph 7.3, and the amount of this Bond defend, indemnify, and hold harmless the Owner against a shall be credited for any payments made in good faith by duly tendered claim, demand, lien, or suit. the Surety. 5. The Surety's obligations to a Claimant under this Bond 9. Amounts owed by the Owner to the Contractor under the shall arise after the following: Construction Contract shall be used for the perfonuance of the Construction Contract and to satisfy claims, if any, 5.1 Claimants who do not have a direct contract with under any construction performance bond. By the the Contractor, Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the 5.1.1 have furnished a written notice of non- performance of the Construction Contract are dedicated to payment to the Contractor, stating with satisfy obligations of the Contractor and Surety under this substantial accuracy the amount claimed Bond, subject to the Owner's priority to use the funds for and the name of the party to whom the the completion of the work. materials were, or equipment was, furnished or supplied or for whom the 10. The Surety shall not be liable to the Owner, Claimants, or labor was dare or performed, within ninety others for obligations of the Contractor that are unrelated to (90) days after having last performed labor the Construction Contract. The Owner shall not be liable or last furnished materials or equipment for the payment of any costs or expenses of any Claimant included in the Claire, and under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of 5.1.2 have sent a Claim to the Surety (at the Claimants, or otherwise have any obligations to Claimants address described in Paragraph 13). under this Bond. 5.2 Claimants who are employed by or have a direct 11. The Surety hereby waives notice of any change, including contract with the Contractor have sent a Claim to changes of time, to the Construction Contract or to related the Surety (at the address described in Paragraph subcontracts, purchase orders, and other obligations. 13). 12. No suit or action shall be commenced by a Claimant under 6. If a notice of non-payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in given by the Owner to the Contractor, that is sufficient to the state in which the project that is the subject of the satisfy a Claimant's obligation to furnish a written notice of Construction Contract is located or after the expiration of non-payment under Paragraph 5.1.1. one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or EJCDC C-615, Payment Bond Pa66shed December 2010 by the Engineers Jobs Contract Documents Committee. Page 2 of 3 (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted berefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Band, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: I. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to firrnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that bus rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the tam of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owns' and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC "M Payueat Bond PoblbW December 2919 by the 6atiaeers Joiat Contract Doeumests Committee. Page 3 of 3 specific steps you are taking to achieve the MBENVBE requirements specified in the terms and conditions of the Assistance Agreement 7. Name and title of official administrator or designated reporting official. S. Signature, month, day, and year report submitted. D. Instructions for Part 1f: For each MBENVBE procurement made under this assistance agreement during the reporting period, provide the following information: 1. Check whether this procurement was made by the recipient, sub-recipienUSRF low recipient, or the prime contractor. 2. Check either the MBE or WBE column. If a firm is both an MBE and WBE, the recipient may choose to count the entire procurement towards EITHER its MBE or WBE accomplishments. The recipient may also divide the total amount of the procurement (using any ratio it so chooses) and count those divided amounts toward its MBE and WBE accomplishments. If the recipient chooses to divide the procurement amount and count portions toward its MBE and WBE accomplishments, please stabs the appropriate amounts under the MBE and WBE columns on the form. The combined MBE and WBE amounts for that MSEMBE contractor must not exceed the "Value of the Procurement" reported in column 03 3. Dollar value of procurement 4. Date of procurement, shown as month, day, year. Date of procurement is defined as the date the contract or procurement was awarded, not the date the contractor received payment under the awarded contract or procurement, unless payment occurred on the date of award. (Where direct purchasing Is the procurement method, the date of procurement is the date the purchase was made) 5. Using codes at the bottom of the form, identity type of product or service acquired through this procurement (e.g., enter 1 if construction, 2 if supplies, etc). 6. Name, address, and telephone number of MBENVBE firm. —This data is requested to comply with provisions mandated by: statute or regulations (40 CFR Part 30, 31, and 33); OMB Circulars; or added by EPA to ensure sound and effective assistance management. Accurate, complete data are required to obtain funding, while no pledge of confidentiality is provided. The public reporting and recording burden for this collection of information is estimated to average I hour per response annually. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclosure or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; seam data sources; complete and review the collection of information; and transmit or otherwise disclose time information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, Including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency (2136). 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include the OMB Control number in any correspondence. Do not send the completed form to this address. SECTION 00822 WAGE RATES PART 1 GENERAL 1.1 CONTRACT REQUIREMENTS A. Any skilled, semiskilled, and unskilled person employed to perform work on the project under this contract shall be paid not less than the minimum rate of wages specified herein for the classification which most nearly corresponds to the work to be performed by him, and such minimum wage rate shall be retroactive to the time of initial employment of such person in such classification. In the event any dispute on that question cannot be adjusted by the Owner's Engineer, or its other authorized representative, the question and the information together with the recommendations of the Owner's Engineer, or its other authorized representative, shall be referred for determination to the Owner's governing body or other duly designated official whose decision on the question shall be conclusive on the parties to the contract with the same effect as if the work performed by such skilled, semi -skilled, and unskilled person had been classified and the minimum specified herein. B. The specified wage rates are minimum rates only, and the Owner will not consider any claims for additional compensation made by the Contractor because of payment by the Contractor of any wage rate in excess of the applicable rate contained in this contract. All disputes in regard to the payment of wages in excess of those specified in this contract shall be adjusted by the Contractor. C. Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the project under this contract shall be decided by the Owner's governing body or other duly designated officials. D. The Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing the determined wage rates for skilled, semi -skilled, and unskilled person to be engaged in work on the project under this contract 1.2 WAGE RATES AND CLASSIFICATIONS A. There shall be paid each skilled, semi -skilled, and unskilled person of the Contractor or Subcontractor engaged in work on the project under this contract and listed in the Wage Rate Data Sheet, not less than the hourly wage rate set opposite the same, regardless of any contractual relationship which may be alleged to exist between the Contractor or any Subcontractors and such skilled, semi -skilled, and unskilled trades. 1.3 CERTIFIED PAYROLLS A. Contractor is to submit weekly certified payrolls to the Owner for verification of prevailing wage scale. xUNVAWnasWWw,us WC Weaver Consultants Group, LLC 00822 -Page 1 of 2 1.4 DAVIS-BACON REQUIREMENTS A. This project is funded by funds from the Brownfield Revolving Loan Fund (RLF) Loan program. The wage scale for this project will be the Davis -Bacon Wage Determination in effect the day of the bid opening date, issued by the U.S. Department of Labor under the Davis -Bacon Act and related acts. B. The wage scale determination contained in this specification is the scale in effect on the date the project was first advertised for bids. it can be found immediately following this Section. C. An attempt has been made to issue an addendum containing any revisions to the wage scale that occurs prior to receiving bids. However, it is the bidder's responsibility to assure that the correct and current rates are used in computing his bid. The wage determination can be accessed at http://www.wdol.gov. END OF SECTION ic1w�►na�en►+aw wa�ovaaux4owooutaoa:wxooc Weaver Consultants Group, LLC 00822 - Page 2 of 2