HomeMy Public PortalAbout033-2018 - Sanitation - Mendenhall - NW 13th Street ProjectAGREEMENT
THIS AGREEMENT made and entered into this (1) day of February, 2018, by and between
the City of Richmond, Indiana, a municipal corporation acting by and through its Board of
Sanitary Commissioners (hereinafter referred to as the "City") and Mendenhall & Associates,
LLC, 113 East Main Street, Arcadia, Indiana 46030 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for services as a professional labor standards administrator to
provide all Davis -Bacon wage scale compliance reviews and certifications for the NW 13th Street
Basin Interceptor Replacement Project -Phase I (the "Project"). City is in needs of such services
as required by the State of Indiana Finance Authority State Revolving Loan Fund ("SRF") and by
the Federal government.
City sent a Request for Proposal on January 10, 2018, seeking the assistance of a professional
labor standards administrator to provide all Davis -Bacon wage scale compliance reviews and
certifications. Said Request for Proposal is attached hereto and incorporated herein by reference
as Exhibit "A".
The response of Contractor, dated January 15, 2018, to the Request for Proposal from City on
January 10, 2018, is contained in Exhibit `B", which Exhibit `B" is attached hereto and
incorporated herein by reference and made a part of this Agreement. The description of services
of Contractor is set forth on page 2 of Contractor's Exhibit B.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified. Contractor's services shall be performed in accordance with the
standard of professional practice ordinarily exercised by the applicable profession under similar
circumstances at the same time and in the locality where the services are performed. Professional
services are not subject to, and Contractor does not provide, any warranty or guarantee, express or
implied. Contractor will submit statements or bills for the project at 25%, 50% 75% and 100%
completion of the Project.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
Contract No. 33-2018
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed Eleven Thousand Dollars and Zero Cents
($11,000.00) for complete and satisfactory performance of the work required hereunder until the
Project is completed, contingent upon the overall cost for the Project remaining at or below
Eleven Million Dollars ($11,000,000.00).
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall continue
in effect until completion of the Project.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least thirty (30) working days written notice specifying
the effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect, provided that Contractor was notified
in writing of deficiencies, given ten (10) working days to cure deficiencies and
failed to remedy such deficiencies.
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims to the extent caused by Contractor's negligent conduct or
performance or non-performance of this Agreement; provided, however, that nothing contained in
this Agreement shall be construed as rendering the Contractor liable for acts of the City, its
officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and
thereafter maintain such insurance as will protect it from the claims set forth below which may
arise out of or result from the Contractor's negligent operations under this Agreement, whether
such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts the Contractor may be held responsible.
Page 2 of 6
Coveraize Limits
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C.
f7
E.
Worker's Compensation & Statutory
Disability Requirements
Employer's Liability $100,000
Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
Comprehensive Auto Liability (if applicable)
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
F. Errors & Omissions Insurance $1,000,000 per claim
$2,000,000 aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit affirming that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
Page 3 of 6
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged
in investment activities in Iran. In the event City determines during the course of this
Agreement that this certification is no longer valid, City shall notify Contractor in writing of
said determination and shall give contractor ninety (90) days within which to respond to the
written notice. In the event Contractor fails to demonstrate to the City that the Contractor has
ceased investment activities in Iran within ninety (90) days after the written notice is given to
the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-
16.5. In the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Contractor in the
manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be
in breach of this Agreement and terminate the agreement upon the expiration of the ninety
(90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any sub -contractor, shall not
discriminate by reason of race, religion, color, sex, national origin or ancestry
against any citizen of the State of Indiana who is qualified and available to
perform the work to which the employment relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
Page 4 of 6
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees or
agents of the same from all liability which may arise in the course of Contractor's performance of
its obligations pursuant to this Agreement. The City hereby agrees to release and hold harmless
the Contractor and all officers, employees or agents of the same from all liability which may arise
in the course of City's performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire
Agreement between the parties, although it may be altered or amended in whole or in part at any
time by filing with the Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or in other venues.
In the event of any breach of this Agreement by Contractor, and in addition to any remedies,
Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement,
including but not limited to, City's reasonable attorney's fees, to the proportionate extent that
Contractor is determined to be in breach of this Agreement.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
Page 5 of 6
Any person executing this Agreement in a representative capacity hereby represents and warrants
that he or she has been duly authorized in writing by Contractor to execute this Agreement on
behalf of Contractor and this signature is binding upon Contractor and its assigns, and that such
authorization has not been rescinded or revoked.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND, INDIANA
by and through its Board of
Sanitary Commissioners
�y
` Sue Miller, President
Aman
Gr g Stiens, Mem er
Dated:
APPROVED:
Snow,
Dated: D 2
"CONTRACTOR"
MENDENHALL &
ASSOCIATES, LLC
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(Printed): rj a r—so rl
Title: P�e� I 4f- ►'LT
Dated: - 2 3 ' ) S
Page 6 of 6
of RIC
� DAVE SNOW
a Zp Mayor
BRYAN J. ERVIN
I Director
CITY OF RICHMOND
DEPARTMENT OF SANITATION
2380 LIBERTY AVENUE•RICHMOND, INDIANA 47374
PHONE (765) 983-7450•FAX (765) 962-2669
January 10, 2018
Mendenhall & Associates
Attn: Tina Mendenhall
PO BOX 428
Arcadia, IN 46030
Re: Request for Proposals
NW 131b Street Basin Interceptor Replacement Project — Phase I
Davis -Bacon Wage Scale Compliance Review and Certification
The Richmond Sanitary District is seeking the assistance of a professional labor standards
administrator to provide all Davis -Bacon wage scale compliance reviews and certifications for
the NW 139' Street Basin Interceptor Replacement Project — Phase I as required by the State of
Indiana Finance Authority SRF Program and/or Federal Government. Please review the attached
RFP and, if interested in this work, please present a proposal as outlined.
Thanks,
E ah W. Welch, P.E.
District Engineer
Richmond Sanitary District
b I � 4'A " 1 Of 1 t
Richmond Sanitary District
Request for Proposal
NW 13" Street Basin Interceptor Replacement Project — Phase I
Davis -Bacon Wage Scale Compliance Review and Certification
The Richmond Sanitary District is seeking the assistance of a professional labor standards administrator
(Herein after referred to as LSA) to provide all Davis -Bacon wage scale compliance reviews and
certifications for the NW 13`h Street Basin Interceptor Replacement Project — Phase I as required by the
State of Indiana Finance Authority SRF Program and/or Federal Government.
Part 1: Project Information
The Richmond Sanitary District (RSD) has awarded the NW 13`h Street Interceptor Replacement Project —
Phase I to Brackney, Inc. of Brookville, IN. The project is being funded by the Indiana Finance Authority
SRF loan program and requires Davis -Bacon Wage scale to be used. The below is a general summary of
project information:
Contractor:
Brackney, Inc.
10028 US Hwy 52 South
Brookville, IN 47012
Construction Contract Amount: $10,731,236 (see attached bid schedule)
Davis Bacon Wage Scale used for Project:
General Decision Number: IN170006 10/06/2017 IN6
Subcontractor's listed on Form 96 as submitted by contractor at time of bid: 3 (see attached)
Time allowed per contract documents for completion of project:
Substantial Completion: 670 days
Final Completion: 60 days from Substantial Completion
Project Description:
The construction of gravity sanitary sewer interceptors and a sanitary siphon barrel. Approximately 18,600
feet of gravity sanitary sewers ranging from twenty-four (24) to thirty-six (36) inches in diameter, which
includes two (2) aerial crossings. The gravity sanitary interceptors shall be installed using a combination of
open -cut, trenchless, and pipe -bursting technologies as denoted on the Drawings. The Project also includes
the addition of approximately 1,350 feet of a third 42-inch diameter siphon barrel to the existing Round
Barn Siphon and rehabilitation of the two (2) existing siphon barrels using cured -in -place pipe (CIPP).
Additionally, various existing gravity sanitary sewers shall also be rehabilitated using cured -in -place pipe
(CIPP).
Project Start Date: January 2018
Part 2: Proposed Scope of Work
The LSA will be responsible for all aspects of Davis -Bacon wage scale compliance as required for the
owner (City of Richmond/Richmond Sanitary District) by the State of Indiana Finance Authority SRF
Program and/or Federal Government. The attached documents show a brief overview of information as
related to the Davis -Bacon wage scale compliance requirements.
Part 3: Deliverables
All records associated with compliance review and certifications shall be provided as obtained during the
project as well as in aggregate at the end of construction and final compliance review.
Part 4 —Content of Proposal (Response to RFP)
Respondents to this RFP shall submit a proposal which shall include information as follows:
1. Proposed Scope of Services
2. Fee Tabulation for all work associated with this project
3. List of 3 recent IFA SRF projects showing history of work with this agency and ability to complete
this specific type of work
4. Appropriate insurance will be required prior to approval of contract but is not required at time of
submittal
5. Affidavit of E-verify will be required prior to approval of contract but is not required at time of
submittal
Part 5 — Submittal Requirements
The proposal shall be submitted to the Richmond Sanitary District no later than 12:00pm Tuesday, January
16, 2018. Proposals shall be delivered by email to Elijah Welch, District Engineer at
ewelcharichmondindiana.gov. Appropriate insurance will be required prior to approval of contract.
Questions shall be directed to Elijah Welch at ewelch a richmondindiana.gov or 765-983-7483.
The Richmond Sanitary District reserves the right to reject any parts of and/or your entire proposal.
Insurance Coverage Requirements
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
F. Malpractice/Errors & Omissions $1,000,000 per claim
Insurance
$2,000,000 each aggregate
Affidavit of Employment Eligibility Verification
The Contractor, , affirms under the penalties of perjury that
Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed
and does not employ any employees, Contractor verifies he or she is a United States citizen or
qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and shall
not retain an employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified
the work eligibility status of all newly hired employees of the contractor through the Indiana E-
Verify program.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification throughout the duration of the term of a contract with a subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this day of , 20_
(signature)
(printed name)
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CITY OF RICHMOND. NOIANA
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If you intend to sublet any portion of the work, state the name and address of each subcontractor,
equipment to be used by the subcontractor, and whether you will require a bond. However. If you are
unable to currently provide a listing, please understand a listing must be provided prior to contract
approval. Until the completion of the proposed project, you are under a continuing obligation to
Immediately notify the governmental unit In the event that you subsequently determine that you will use a
subcontractor on the proposed project.
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q. What equipment do you have available to use for the proposed project? Any equipment to be used by
subcontractors may also be required to be listed by the governmental unit,
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Have you entered into contracts or received offers for all materials which substantiate the prices used in
preparing your proposal? If not, please explain the rationale used which would corroborate the prices
listed.
I le5
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement Is mandatory. Any bid submitted without said financial
statement as required by statute shall thereby be rendered Invalid. The financial statement provided hereunder to
the governing body awarding the contract must be specific enough In detail so that said governing body can make
a proper determination of the bidder's capability for completing the project If awarded..
Federal Davis Bacon Act Requirements
1. Bid process — include wage rates and contract conditions as outlined in SRF Front End documents (link). Federal Wage
Determinations on line: http://www.wdol.eov/
2. During Construction the Loan Recipient will be responsible for the following:
a. OBTAIN WEEKLY PAYROLL AND STATEMENT OF COMPLIANCE.
Certified payrolls are to be submitted weekly by the prime contractor. The prime contractor is responsible to collect
and submit the subcontractor payrolls and statement of compliance weekly to the Loan Recipient.
Prior to submitting a disbursement request to the IFA for construction costs, the Loan Recipient should have all
certified payrolls from the prime contractor and subcontractors and conduct payroll verification and employee
interviews as described in this section to ensure compliance with state and federal requirements. Recommended
forms are provided with Front -End Document Addenda WH-347 .
b. VERIFY JOB SITE POSTINGS ARE IN PLACE.
The prime contractor is responsible to post the following at the construction site:
"Notice to All Employees" poster the required federal Poster (WH 1321 .
c. VERIFY COMPLIANCE WITH PREVAILING WAGE REQUIREMENTS.
The Loan Recipient or their representative must periodically conduct spot checks of a representative sample of
weekly payrolls, verify fringe benefits, and conduct employee interviews to ensure that the contractor/subcontractor
is complying with requirements and paying the appropriate wage rates.
Establish and follow a payroll review and employee interview schedule based on an assessment of the risks of
noncompliance & length of contract. Conduct more frequent spot checks if risks are higher or if
contractor/subcontractor noncompliance.
Conduct immediate interviews in response to an alleged violation of the prevailing wage requirements.
Conduct employee interviews in confidence. Form SF 1445 or equivalent document for the interviews is required to
memorialize interviews.
Verify evidence of fringe benefit plans and payments of these plans by contractors and subcontractors who claim
credit for fringe benefit contributions.
Periodically review contractors and subcontractors use of apprentices and trainees. Verify registration and
certification of apprentices and trainees with respect to apprenticeship and training programs approved by US Dept.
of Labor or a state program; that contractors and subcontractors are not using a disproportionate number of laborers,
trainees and apprentices. Conduct these reviews in accordance with the payroll and employee interviews.
Maintain all labor standards records, including information on any restitutions (underpayments to laborers), on file.
NOTE: Employees home address and social security number should not be on the certified payrolls.
Loan Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA
DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at
httt):I/dol.gov/whd/america2.htm.
3. Project Completion
a. Submit a FINAL FEDERAL LABOR STANDARDS REPORT to IFA at project completion. The form can be
found on the IFA website here.
b. Maintain labor standards records (certified payrolls, employee interviews, records of wage incidents,
correspondence, debarment, search results, etc.) with the project files at the Loan Recipient's office for a period of
three years after construction completion. Such records shall be available on request of the IFA or EPA.
Final Federal Labor Standards Compliance Certification
Please submit this form to the Indiana Finance Authority when each construction contract is completed.
Loan Recipient Name:
Wage Decision followed for this Project- TN
Construction Complete Date:
NAME OF GENERAL CONTRACTOR:
LIST OF SUBCONTRACTORS (enter all)
SRF Loan Number:
with modifications
Onestions — If the answer to any of these items is None or No please explain in comments below:
l . Number of Interviews completed:
2. Were the required postings (posters, decisions) observed on site?
3. Have all payrolls been received?
4. Are all payroll submissions complete and compliant?
5. Were wage interviews compared to payroll submissions?
6. Have all known labor standards non -compliances been resolved?
7. Have all known restitutions been received by employees?
8. Has a record of all wage incidents been maintained?
9. Were willful violations or complaints forwarded to IFA or DOL?
Final Report Comments (if any
CERTIFICATION:
Yes ❑ No ❑
Yes ❑ No ❑
Yes ❑ No ❑
Yes ❑ No ❑ n/a ❑
Yes ❑ No ❑ n/a ❑
Yes ❑ No ❑ n/a ❑
Yes ❑ No ❑ n/a ❑
Yes ❑ No ❑ n/a ❑
I certify to the best of my knowledge that all laborers and mechanics employed by this construction contract were paid in
accordance with Federal labor provisions. There are no outstanding or unresolved Federal labor standards underpayments,
complaints or disputes on this contract.
Signature: Date:
Title: Organization:
Individual signing here should be the one responsible for payroll review anti monitoring.
Please return the completed Certification to Amy Benninger at 100 N. Senate Ave, IGCN 1275,
Indianapolis, IN 46204 or ahenning a0-Ma.in.gov,
Mendenhall & January 15, 2018
Associates, LLC J:tr Elijah W. Welch, P.E. I District Engineer
Richmond Sanitary District
2380 Liberty Ave.
Richmond, IN 47374
RE: Richmond Sanitary District Labor Standards Proposal
Dear Mr. Elijah Welch:
Mendenhall & Associates, L.L.C. looks forward to potentially working with the Richmond
Sanitary District on their current Wastewater Loan from SRF which requires Davis Bacon
oversight. We feel confident that our team of high experienced and knowledgeable professionals,
along with our genuine interest and insight of communities throughout Indiana, can carry out the
Labor Standards requirements for the NW 131h Street Basin Interceptor Replacement Project.
Our contract for administering the Davis Bacon Act requirements for this project is $11,000.00
contingent upon the overall project cost remaining at or below eleven million. A summary of our
qualifications is listed below:
Mendenhall & Associates qualifications for your nroiect include:
• We have been in business for over 19 years providing Labor Standards services to
communities throughout Indiana including the City of Richmond's Brownfield Projects.
• Our office has worked with over 500 million dollars of federal funding since 1999. The
majority of this federal funding has been through the Community Development Block
Grant program and the State Revolving Loan Fund.
• We have experience with many contractors throughout Indiana and understand the working
relationship that is required to communicate and obtain the appropriate paper work to keep
this project incompliance. Our firm has previous work history with Brackney Construction
Company.
• We will take proactive steps to resolve any findings with prime and subcontractors.
• We have developed an effective reporting and file management system that keeps entities
incompliance with Davis Bacon requirements, the State Revolving Loan Fund and the State
Board of Accounts.
• Keep and maintain all payrolls, interview forms and any other records required to be kept
under DBRA and supply all applicable entities with a copy of the labor standards file upon
project completion.
• Provide monthly update reporting that summarizes all construction activities and findings
to the Financial Officer of the project.
We are confident in our ability to carry out the Labor Standards requirements for your project and
feel our experience will add a level of competence to the administration of this State Revolving
Loan Fund Project. Attached to this letter we have included a detailed list of responsibilities.
While you are reviewing our proposal, please contact us at (317) 538-6948 if you have any
questions.
Sincerely,
Tina Mendenhall Henderson
Grant Administrator
P.O. Box 428 • Arcadia, IN 46030 • PH: 317-984-8639 • FX: 317-984-7459
Mendenhall&
Associates, I-l.c
A. Labor Standards — Description of Services
X Review Applicable State and Federal Language in Plans and Specifications.
X Review Legal Notice Bid Advertisement.
X Review Final Wage Determination from US Labor Department. (Davis Bacon
Wage Rates).
X Review Pre -Construction Conference Meeting Minutes
X Submit Davis Bacon Packet to Prime Contractor.
X Verify all Prime/Sub-Contractors through Sams.gov.
X Obtain all Necessary State and Federal Forms from Successful Bidder.
X Monitor Weekly Contractor and Sub -Contractor Payrolls.
X Conduct Employee Interviews.
X Resolve Unsatisfactory Payroll Findings.
X Complete all other Necessary Labor Standards Documentation for OCRA, SRF and
Rural Development Purposes
X Quarterly Meeting with the Clerk Treasurer to Ensure "Internal Control."
X Copy/Supply all Files at the end of the Project for the Community.
X Maintain Project File for 5 Years.
B. Fee and Invoice Submittal
Mendenhall and Associates will initiate an invoice to Richmond Sanitary District based
upon a percentage complete of the construction project. Billing will occur for each
project at 25%, 50%, 75% and 100%. Our total fee for this project is $11,000.00
P.O. Box 428-Arcadia, IN 46030• PH: 317-984-8639• FX: 317-984-7459