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HomeMy Public PortalAbout154-2018 - Sanitary WWTP - Tertiary Air Header replacement project.AGREEMENT THIS AGREEMENT made and entered into this4oRiclunond, day of 0� �'� $2018, and referred to as Contract No.154-2018, by and between the CitIndiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, 50 North 51 Street, Richmond, Indiana 47374 (referred to as the "City"), and Maddox Industrial Group, 5906 South Harding Street, Indianapolis, Indiana 46217 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to furnish materials and to perform services for removal and replacement of air header piping within the Tertiary Building at the Wastewater Treatment Plant on the City's WWTP Tertiary Air Header Replacement Project (the "Project") in Richmond, Indiana. All work performed under the Agreement shall be as shown in the Project plans and specifications prepared by the Greeley and Hansen and the Richmond Sanitary District, subject, however, to modification by the Richmond Sanitary District. A Request for Quote, dated July 16, 2018, including any and all addendums, for the WWTP Tertiary Air Header Replacement Project have been made available by City for inspection by Contractor, and are on file in the office of the Department of Sanitation for City, and are attached hereto and incorporated by reference herein as Exhibit "A". The response of Contractor to said Request for Quotes, signed September 10, 2018, is attached hereto and incorporated by reference herein as Exhibit "B", consisting of eight (8) typewritten pages. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, 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 shall submit statements or bills monthly. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.C. § 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. 154-2018 1 1 Page SECTION III. COMPENSATION City shall pay Contractor in an amount not to exceed Seventy -Nine Thousand Nine Hundred Eight - Nine Dollars and Zero Cents ($79,989.00), for complete and satisfactory performance of the work required hereunder. The monies to be paid to Contractor are based upon the WWTP Tertiary Air Header Replacement Project Price Request Form, signed on September 10, 2018 and submitted by Contractor, which is set forth in Exhibit `B", and attached with this Agreement and made a part hereof. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective upon signature by both parties and shall continue in effect until the project has reached final completion, unless both parties agree to extend this Agreement by a written and signed agreement. 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) 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; 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. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated., This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) days written notice to the other party. In the event of termination of this Agreement, 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. 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 which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; 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 2 1 Page or result from the Contractor's 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. 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 $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $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) 3 1 Page 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 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 Board determines during the course of this Agreement that this certification is no longer valid, Board 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 Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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; 3. 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 1 Page 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. 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. 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 other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. 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. Any person executing this Purchase Agreement in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Contract and that such authorization has not been revoked or rescinded. 5 1 Page 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" "CONTRACTOR" The CITY OF RICHMOND, INDIANA Maddox Industrial Group by and through its Board of Dated: I 1 /`? J/z�? APPROVED: By: — 11L - j ) (Pri Zte): hn Jarrell Title: Project Manager Dated: J 1. 3 Cl- r 1k 6 1 Page PRICE REQUEST A O .y A{ O L CITY OF MCI MOND SAMTAnON 2380LLIDERTYAVEN E.RICOVIOND,INDIANA47374 THIS IS NOT AN ORDER PHONE (765) 983-7450.FAX(765) 962-2669 VENDOR INSTRUCTIONS This is a request for a price for the services of materials . described below. Any additional specifications may be attached hereto. This Is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below With signature; itemize all prices and charges where requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: July 16, 2018 September 11, 2018 by 10:00AM UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for proposals for the Tertiary Building Air Header Replacement Project. Please see attached specifications. All E-Verify requirements will apply to this quote. Please include a Certificate of Insurance and any warranty information. Pre -Quote meeting will be August 14th at 1:00PM at Richmond Sanitary District Administration Building. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Svc. Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: Tertiary Building Air Header Replacement If you have any questions please call Elijah Welch at 765-983-7483. NAME OF FIRM QUOTING: STATE TAX EXEMPTION # 003121909-001 AUTHORIZED BY SIGNATURE TITLE Richmond Sanitary District DATE PHONENUMBER EXHIBIT'A' - Page 1 of 39 E-Vercnfy Requirements: Definitions: E-Verify Proms — A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act -of 1996 (P.L. 104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). 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. � A g A C A A A A A A� A A IIf A A� A O A A A■ A A A O Y t A A A t O� Y A A A A [I � A A A L A A A A � A A A� A A A tl A A A A A■■ n i t A A A � A A A A� A A R A■ COMPLIANCE WITH INDIANA E-VERIFYY PROGRAM REQUIREEMENTS 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 the 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 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty (3 0) day period provided above, the City shall consider 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 orpublic 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. EXHIBIT'A' - Page 2 of 39 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 shalt 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) EXHIBIT'N - Page 3 of 39 MAN 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. EXHIBIT'A' - Page 4 of 39 General Conditions FOR Tertiary Air Header Replacement Project May 23, 2018 {0 �o City of Richmond o Richmond Sanitary District (765) 983-7450 EXHIBIT'A' - Page 5 of 39 This page intentionally left blank. EXHIBIT'A' - Page 6 of 39 11000 -- GENERAL REQUIREMENTS 11000.01 DEFINITIONS H000.02 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS H000.03 LINES AND GRADES H000.04 OBLIGATIONS OF CONTRACTOR, IN GENERAL 11000.06 PROTECTION OF EXISTING SEWERS, PIPES AND DRAINS, AND CONDUITS H000.07 PROTECTION OF EXISTING STRUCTURES H000.08 CONNECTIONS TO EXISTING STRUCTURES H000.09 PROTECTION AND STORAGE OF MATERIALS AND EQUIPMENT H000.10 SAFETY REQUIREMENTS H000.11 AID TO THE INJURED H000.12 SANITARY MEASURES H000.13 INTOXICATING LIQUORS H000.14 ACCESS TO WORK H000.15 CLEANING UP H000.16 QUALITY OF MATERIALS H000.17 QUALITY OF WORKMANSHIP H000.18 DEFECTIVE MATERIALS OF WORK H000.19 UNEXPECTED SUBSURFACE CONDITIONS H000.20 CHANGES IN THE PROJECT H000.21 CHANGE IN WORK H000.22 PARTIAL ESTIMATES H000.23 PRE -FINAL AND FINAL ESTIMATES AND PAYMENTS H000.24 PAYMENT FOR AUTHORIZED EXTRA WORK: REDUCTIONS IN PAYMENT FOR DELETED WORK H000.25 THIRD PARTY CLAIMS FOR LABOR, MATERIALS AND DAMAGE H000.26 MATERIAL H000.27 CONTINUING THE WORK H000.28 UNFORESEEABLE ABNORMAL AND UNUSUALLY SEVERE WEATHER CONDITIONS (MODIFIED INDOT VERSION) H000.29 ELECTRONIC DOCUMENTS 11100 --SPECIAL REQUIREMENTS 1­1100.01 DESCRIPTION OF WORK 11100.02 SPECIAL CONTRACT CONDITIONS H100.03 EXISTING FACILITIES ACCESS HI00.04 CONSTRUCTION WATER H100.05 CONSTRUCTION POWER H100.06 UTILITY NOTIFICATION H100.07 CONSTRUCTION SEQUENCE H100.08 PROJECT PROGRESS MEETING H100.09 OVERRUN OF CONTRACT QUANTITIES H100.10 SUBSIDIARY WORK EXHIBIT'A' - Page 7 of 39 1­1100.11 PRE -BID CONFERENCE H100.12 CONSTRUCTION LAYOUT 1­1100.13 AS -BUILT DRAWINGS H100.14 TIME OF COMPLETION AND LIQUIDATED DAMAGES H100.15 ITEMS TO BE SUBMITTED WITH BID H100.16 PRE -CONSTRUCTION AUDIO -VIDEO SURVEY H100.17 CONTROL OF GROUNDWATER AND SURFACE WATER 1­1100.18 SANITARY SEWER BY-PASS PUMPING 1­1100.19 SHOP DRAWING SUBMITTALS 1­1100.20 MAINTENANCE OF TRAFFIC H200 - EXECUTION H2O0.01 PREPARATION H2O0.02 PROTECTION H2O0.03 CONSERVATION OF TOPSOIL H2O0.04 DISPOSAL 111100 -- TESTS, GUARANTEES, ACCEPTANCE HI 100.01 LOW PRESSURE AIR TESTING HI 100.02 VACUUM TESTING (SANITARY MANHOLES) HI 100.03 DEFLECTION TESTING HI100.04 ACCEPTANCE/GUARANTEES EXHIBIT'A' - Page 8 of 39 SECTION 11000 GENERAL REQUIREMENTS 11000.01 DEFINITIONS A. Owner Wherever the term "Owner" is used herein it shall refer to and designate the CITY of RICHMOND, INDIANA B. Engineer Wherever the. term "Engineer" is used herein it shall refer to and designate the Richmond Sanitary District's Engineering Department and/or the Design Engineer as applicable. C. Resident Representative Wherever the term "Resident Representative" is used herein, it shall refer to and designate the Resident Engineer or resident Inspector duly and directly authorized by the Owner to perform engineering and inspection services in connection with and construction contemplated herein. D. Bidder Wherever the term "Bidder" is used herein, it shall refer to and designate the person, partnership, joint venture or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. E. Contractor Wherever the term "Contractor" is used herein, it shall refer to and designate the person, firm, partnership, joint venture, or corporation to whom the within Contract is awarded by the Owner, and who is subject to the terms thereof. F. Sub -Contractor Wherever the term "Sub -Contractor" is used herein, it shall refer to and designate a contractor person, firm, partnership, joint venture, or corporation, other than the Contractor, supplying labor and materials, or labor, for the work at the site of the Project. EXHIBIT'N - Page 9 of 39 G. Drawings Wherever the term "Drawings" is used herein, it shall refer to and designate the drawings, prepared on behalf of the Owner and the plans, profiles, typical sections, standard and special detail drawings, or reproductions thereof, which show the location, character, dimensions and details of the work. H. Specifications Wherever the term "Specifications" is used herein, it shall refer to and designate all written matter relative to work required to be done, the materials and equipment to be furnished and/or installed, the method of measurement of the quantity of the work done, and the method of payment for the work performed which is contained in the Contract. I. Projects Wherever the term "Projects" is used herein, it shall refer to and designate all work to be performed by the Contractor pursuant to the Contract. J. Materials Wherever the term "Materials" is used herein, it shall refer to and designate all raw and prepared Materials and manufactured and fabricated products entering into or held for use in the Project. H000.02 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS All work and Materials mentioned in the Specifications are not shown on the Drawings, and all work and Materials shown on the Drawings and not mentioned in the Specifications, and all work and Materials necessary for the completion of the Project according to the true intent and meaning of the Drawings, Specifications, and other contract documents shall be furnished, performed and done, as if the same were both mentioned in the Specifications and shown on the Drawings. Should anything be omitted from the Drawings or Specifications which is necessary to a clear understanding of the Project or should any error appear either in any of the various documents furnished or work done by others with respect to the Contractor shall promptly notify the Engineer of such omission or error and, in the event of his failure to do so, shall make good any damage to or defect in the work caused thereby. In case of discrepancies not otherwise resolved, figured dimensions shall govern over scaled dimensions; general Drawings; and Special Provisions shall govern over all other Contract documents. EXHIBIT'A' - Page 10 of 39 11000.03 LINES AND GRADES The Contractor will be responsible for Construction Engineering and Initial Layout of manholes. It will be the contractor's responsibility to stay on grade .using existing benchmarks. 11000.04 OBLIGATIONS OF CONTRACTOR, IN GENERAL The Contractor shall furnish all Materials and labor and all scaffolding, tools, machinery, equipment, appliances, supplies, transportation, and other things and services of every kind necessary to perform and complete the Project. The. Contractor shall be exclusively responsible for supervision of the Project, all aspects of safety at the Project site and the performance of work under the Contract. 11000.06 PROTECTION OF EXISTING SEWERS, PIPES AND DRAINS, AND CONDUITS The Contractor, without extra charge, shall do everything necessary to protect, support and sustain all sewers, gas or water mains, service pipes, electric power and telephone :poles or conduits encountered in the course of the work, regardless of by whom owned. Whenever a gas main, water main, sewer or drain pipe, electric conduit, telephone conduit, or any other underground utility line exists in such a location that it interferes with, or will be interfered with by a permanent structure or pipe line to be built under this Contract, the Owner will arrange for it to be moved to a location that will clear the permanent structure or pipe line at no expense to the Contractor. The Owner will not be responsible for delay or other costs associated with conflicts that are found after construction has begun or that are known about prior to construction. Whenever a gas main, water main, sewer or drain pipe, electric conduit, telephone conduit or any other underground utility line lies within the measurement limits for excavation as defined in the Contract documents, but not in such a location that it interferes with or will be interfered with by a permanent structure or pipe line to be built under this Contract, the Contractor shall support, remove and replace, or relocate the same as shown on the Drawings. The price for such work shall be included in the lump sum or unit prices set forth in the proposal; no extra charge for it will be honored. Should the Contractor excavate beyond the measurement limits for excavation as defined in the Contract documents, and should utility lines or services be present in the space outside the measurement limits, and damage to or removal, replacement or relocation of the satisfaction of their owner at the Contractor's expense. Overhead wires or cables shall be protected from damage by the operation of the Contractor's equipment. Should it be necessary to move overhead wires in order to carry EXHIBIT'A' - Page 11 of 39 on the work expeditiously with appropriate equipment, the Owner will arrange for this to be done at no expense to the Contractor. The Contractor shall give advance written notice to the Owner, the Resident Representative and the owners of the utility lines and services as to the locations wherein he plans to do construction work, and as to the lines and services which the Contractor deems necessary to have moved in accordance with the preceding paragraphs. Ample time shall be given the owners of utility lines and services to make arrangements for providing temporary service to their customers. Nothing in the preceding paragraphs shall be constructed to relieve the Contractor from responsibility for any damage done to any water, gas or other utility line or for any interruption of any utility service due to his own negligence. If any such damage or interruption occurs, the Contractor shall take such emergency actions as may be appropriate and promptly notify the owner of the service involved as to what has occurred. 11000.07 PROTECTION OF EXISTING STRUCTURES The Contractor, without extra charge, shall shore up and protect buildings, bridges, pavements, and other public or private structures which may be endangered in the prosecution of the Project and shall repair and make good any damages caused to any such property by reason of his negligence, except that lumber or Steel sheet piling required by the Drawings or ordered by the owner to be left in place as permanent supports for these structures shall be paid for at the price stipulated for sheeting and shoring left in place. H000.08 CONNECTIONS TO EXISTING STRUCTURES The Contractor, without extra charge, unless otherwise specified, shall: install such temporary bulkheads as are necessary to prevent the passage of water and debris between new sewers and existing sewers; remove such bulkheads upon completion of the Project and make proper connections to the existing sewers at the connections to all points required in order to permit continuous use of the completed Project for the purposes intended; and make suitable connections or closures with existing fences, buildings, and other structures as shown on the Drawings or otherwise required. H000.09 PROTECTION AND STORAGE OF MATERIALS AND EQUIPMENT Before, during, and after installation, the Contractor, without extra charge, shall furnish and maintain satisfactory protection for all Materials against damage, whether caused by weather, flooding, breakage or otherwise. EXHIBIT'A' - Page 12 of 39 Materials, tools and equipment required for the Project may be tools and equipment shall be stored neatly and compactly and in such a manner as to cause the least inconvenience and hazard to the adjacent property owners and to traffic. If the Contractor desires additional space for the storage of Materials and equipment, he shall obtain such space his own expense, and the Owner shall not be responsible for any damage to such space. H000.10 SAFETY REQUIREMENTS Any construction under the Contract shall be performed in accordance with the "Specific Safety .Requirements of the Industrial Commission of Indiana Relating to Construction" published by the Indiana Occupational Safety and Health Administration. The Contractor and all subcontractors and material men for and part of the Contract work shall not require laborers or mechanics employed in the performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to their health or safety. The Contractor and subcontractor shall comply with the Occupational Safety and Health Act of 1970 during the conduct performance on and in connection with this Project. Said compliance shall include observance with the Safety and Health. Regulations for Construction as issued by the Secretary of Labor and as set forth in Title XXIX, Code of Federal Regulations, Chapter XVII, Part 1926 as they are now in existence and as may be here in after amended. Whenever any public road or street is wholly or partly closed or obstructed, or a hazard is created therein, and wherever any condition existing during. the performance of the Project creates a hazard to the safety of persons or property, public .or private, The Contractor, without extra charge, shall provide, to the full extent reasonably required to warn and protect against the hazard, suitable markers, reflectors, traffic controls, flagmen, or other safeguards, or a suitable and effective combination of some or all of such safeguards. Whenever any traffic controls or traffic control devices are used, they shall conform to the requirements of the current edition of the "Indiana State Highway Commission Safety Manual". The Contractor shall assume responsibility for all accidents with respect to the Project and shall indemnify and protect the Owner, the Engineer and the Resident Representative from all claims, suits, liabilities and cost arising out of any injury to the person or property of another resulting from negligence in the performance of the Project or in caring for the same or from any inferior workmanship or inferior Materials incorporated in the Project. EXHIBIT'N - Page 13 of 39 11000.11 AID TO THE INJURED The Contractor shall keep, ready for immediate use, all articles necessary for giving first aid to the injured. He shall also have standing arrangements for the immediate removal and hospital treatment of anyone who may be injured on the Project. 11000.12 SANITARY MEASURES The Contractor, without extra change, shall maintain adequate sanitary conveniences for the use of all persons connected within the Project. All such conveniences shall at all times be satisfactory to the local health authorities. All persons connected with the Project shall be obliged to use them. Any employee of the Contractor or any Sub- contractor found violating this provision shall be discharged and not again employed without the written consent of the Owner. 11000.13 INTOXICATING LIQUORS The Contractor shall neither permit nor suffer the introduction or use of intoxicating liquors upon or about the site of the Project. 11000.14 ACCESS TO WORK The Contractor shall provide the Owner, the Engineer, the Resident Representative, and representatives of interested local, state or federal agencies with access to, and proper facilities for the inspection of, the Project during construction. 11000.15 CLEANING UP As the work progresses, the Contractor, without extra charge, shall; tear down and remove all temporary structures built by him; remove all construction equipment and surplus materials; repair and replace all parts existing embankments, fences or other structures which were removed or damaged by his operation; restore and clean all channels, drains, manholes, and miscellaneous appurtenant structures; remove all rubbish; and put the site generally in a neat and orderly condition. Where sewers, drains, water lines, etc. are constructed in streets, roads or other public right-of-way, and through private residential property, as the work progresses the Contractor shall without extra change, remove all excess excavated materials and excess construction materials, keep drains open, roadways and driveways open, trenches completely backfilled and the site generally in a neat and orderly condition. EXHIBIT'A' - Page 14 of 39 11000.16 QUALITY OF MATERIALS All Materials shall be the best of their respective kinds. The Contractor shall give the Owner advance data as to the kind and quality of Materials to be used. The Owner may require any Materials to be tested by means of samples or otherwise. When required, the testing of Materials shall be done by an independent testing laboratory in accordance with standards of the American Society for Testing and Materials or as stipulated in the Specifications. Such testing and the transportation of samples shall be paid for by the Owner, but the Contractor, without extra charge, shall furnish the samples and prepare and box them for shipment to the laboratory. The Contractor shall not incorporate in the Project any Materials for which tests are required until the tests have been made and the Materials found acceptable and in accordance with the Specifications. Rejected materials shall be removed from the site immediately and shall not be incorporated in the Project. H000.17 QUALITY OF WORKMANSHIP All employees shall be skilled and experienced in the techniques of the trade in which they are working. The completed work shall reflect workmanship commensurate with the foregoing requirements. H000.18 DEFECTIVE MATERIALS OF WORK Should any Materials or work be discovered which do not comply with the contract documents, then, regardless of whether such Materials or work previously have been inspected or approved, such Materials or work shall be removed, replaced, repaired or. otherwise remedied at the Contractor's expense. Should defective Materials or work be suspected and the Owner so require, the Contractor shall uncover, take down, or make openings in the finished work at such points as the Owner designates for the purpose of allowing and examination of such Materials or work. Should Materials or work thus exposed and examined prove satisfactory, the uncovering, taking down or making of openings, replacing of the covering and making good of parts removed shall be paid for by the Owner; but should the Materials or work examined prove unsatisfactory, the uncovering, taking down or making of openings, replacing and making good shall be at the Contractor's expense. The inspection or approval of Materials or work shall not relieve the Contractor from any of his obligations to fulfill the Contract as herein prescribed. 11000.19 UNEXPECTED SUBSURFACE CONDITIONS If the Contractor encounters subsurface or latent conditions at the site which differ substantially from those which reasonably could have been anticipated from a careful examination of the site, the Drawings and Specifications and any test boring data obtained by or made available to the Contractor, the Contractor must notify the Engineer EXHIBIT'A' - Page 15 of 39 and Owner in writing before such conditions are disturbed. If the Contractor feels a change in compensation is warranted, the Contractor must also notify the Engineer and Owner in writing prior to completing any work. The Owner and Engineer will then consider such claim and if any adjustment to compensation is warranted, the resulting increase or decrease in the amount of compensation for the work to be performed by the Contractor shall be made under Paragraph H000.24 of these General Requirements. 11000.20 CHANGES IN THE PROJECT If the Owner desires to make any changes in the line, grade, dimensions, Materials, plan or any other aspect of the Project it may do so provided only that such changes, in the aggregate, do not change the total Contract price by more than twenty (20) percent. - Adjustment of the Contract price for such changes shall be made under Paragraph H000.24 of these General Conditions. No change in the Project which diminishes the quality of work to be performed under the Contract shall entitle the Contractor to claim any damages, whether for anticipated profits or otherwise. 11000.21 CHANGE IN WORK 1. AUTHORIZED CHANGES IN THE WORK A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefore as provided in Paragraph H000.21.5. 2. UNAUTHORIZED CHANGES IN THE WORK A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented by a work change directive or by a change order. 3. EXECUTION OF CHANGE ORDERS A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: EXHIBIT'A' - Page 16 of 39 (a) ordered by Owner pursuant to Paragraph 11000.21. LA (b) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by -the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directives and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph H000.21.5; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule 4. NOTIFICATIONS TO SURETY A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such. notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 5. CLAIMS A. Engineer's Decision Required:. All Claims, except those waived pursuant to making and acceptance of final payment, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than-30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A.Claim for an adjustment in Contract Price or Contract Time shall be prepared in accordance with the requirements of the Owner. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any EXHIBIT'A' - Page 17 of 39 response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph H0000.21.5 or denial pursuant to Paragraphs H000.21.5.C.3 or 1­1000.21.5.1) will be final and binding upon Owner and Contractor. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in Accordance with Paragraph H000.21. H000.22 PARTIAL ESTIMATES The Contractor shall, by such day of each calendar month as is mutually agreement to the Contractor and the Owner, make an approximate estimate of the quantities and prices of the labor furnished and the Materials incorporated into the Project or stored on the site during the previous calendar month . and forward such estimate to the Resident Representative. More frequent estimates, at the option of the Owner, may be made at any time during the progress of the Project. The Resident Representative shall promptly review monthly estimates and advise the Engineer of how munch thereof he approves. The Engineer, in turn, shall promptly review such estimates and advise the Owner of how much should be paid thereon. For such purposes, the amounts approved for items of work performed shall not exceed the Contract prices of such work less five (5) percent allowance for uncompleted site cleanup (retainage). Partial payments to the Contractor for labor performed and Materials furnished shall be made at the rate of ninety-five (95) percent of the estimate submitted by the Contractor and approved by the Engineer. Materials furnished but not installed shall be paid for at the rate of ninety-five (95) percent and may not thereafter be removed, but the Contractor shall remain responsible for the protection thereof. EXHIBIT'A' - Page 18 of 39 The Owner shall. pay the Contractor monthly, not less than the difference between the amount of each monthly estimate which has been approved by the Engineer and the sum of the retainer stipulated below and any other amounts which the Owner is authorized by the Contract to withhold. The making of any monthly payment shall not. be taken or construed as approval or acceptance by the Owner or any work included in the estimate upon which such payment is based. 11000.23 PRE -FINAL AND FINAL ESTIMATES AND PAYMENTS As soon as practicable after the completion of work under the Contract, the Engineer will make an inspection of the Project. If the Project appears to be acceptable, the Engineer will recommend tentative acceptance thereof and make a pre -final estimate of the amount. of work done by the Contractor based on quantities and . prices submitted by the Contractor. Upon such per -final estimate being certified in writing to the Owner by the Engineer, the owner will pay the Contractor all of the monies owing to him under the Contract, except the retainer stipulated in Section H000.22 which will be kept for thirty (30) days after the date of the pre -final estimate. Upon the expiration of such thirty (30) day period, provided that it appears upon further inspection and certification by the Engineer that the Contract has been faithfully performed, the Owner will pay to the Contractor the whole sum retained or such part thereof as remains after deducting expenses of correcting any final inspection and payment will not discharge the liability of the Contractor under the Contract or of the .Surety under the Contract Bond, but such liabilities and all guarantees shall remain in effect for the period stipulated by the Contract documents or, in case in which no period stipulated by the Contract documents for the period fixed by law. 11000.24 PAYMENT FOR AUTHORIZED EXTRA WORK: REDUCTIONS IN PAYMENT FOR DELETED WORK Extra work shall be paid for, and reductions in payment for deleted work shall be made, at the unit prices set forth in the proposal, to the extent applicable, or if no unit prices are applicable and agreement cannot be reached, then the amount shall be determined as follows: A. If the work is performed by the Contractor: 1. Actual cost of Materials used. Plus 2. Payroll cost of direct labor, including a prorated share of the payroll cost of foreman who perform. duties in addition to those related to the work involved. Plus 3. Twenty (20) percent of Al and A2, above to cover direct and indirect overhead, use of small tools and profits. EXHIBIT'N - Page 19 of 39 Plus 4. Equipment rental as defined below. B. If the work is performed by a Sub -contractor: 1. The Sub -contractor's price shall not exceed the sum of item Al, A2 ,A3, and A4, above, Plus 2. Ten (10) percent of A, above, to cover the Contractor's direct and indirect overhead and profits. Rental of equipment shall include all operating expenses and shall not exceed the rentals listed in the latest edition of the Associated Equipment Distributors' Rental Schedule. The Engineer will certify to the Owner for payment all duly authorized extra work which has been performed by the Contractor in accordance with the terms of the Contract and any supplementary agreements which may apply. Daily records shall be kept by the Contractor for all Materials, labor and equipment used on authorized "cost plus" extra work; these records shall be presented to the Resident Representative for checking purposes before noon of the day following that on which the Materials, labor and equipment were used. H000.25 THIRD PARTY CLAIMS FOR LABOR, MATERIALS AND DAMAGE The Contractor shall, from time to time, as required by the Owner, furnish the Owner with satisfactory evidence that all persons who have done work or furnished Materials under the Contract or have suffered damage on account of the Contractor's operations have been fully paid or secured. The Owner does not hereby assume any of their claims out of funds due or that may become due to the Contractor or out of its own funds. H000.26 MATERIAL All materials supplied shall be new and unused. 11000.27 CONTINUING THE WORK Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Owner and Contractor may otherwise agree in writing. H000.28 UNFORSEEABLE ABNORMAL AND UNUSUALLY SEVERE WEATHER CONDITIONS (MODIFIED INDOT VERSION) EXHIBIT'A' - Page 20 of 39 The following table is based upon a modified/expanded version. of INDOT information. The table shows the estimated number of days in each month (assuming a five day work week and excluding Sundays and Holidays in anon leap -year) when the Contractor will be expected to be unable to. work on the controlling items as identified on the Contractor submitted, Owner accepted, schedule: Month (Days) Estimated No. of Unworkable Days January (31) 5 February (28) 4 March (31) 4 April (30) 6 May (31) 4 June (30) 2 July (31) 2 August (31) 2 September (30) 2 October (31) 3 November (30) 4 December (31) 5 Total 43 Any day (per month) in excess of the days shown when the contractor is. unable to work on the controlling work item, as noted on the critical path schedule submitted by the Contractor, due to weather conditions shall be deemed to be "unforeseeable abnormal and unusually sever weather conditions" However, the final determination of weather days is cumulative over the course of the entire construction period. Therefore, bad weather in one month can be offset with good weather either in the preceding or following the month(s) in question. Additional weather delays only count if the critical path work is dependent on good weather. For example, if the work element is interior finishing then weather is not considered a factor in the completion of that work, and therefore cannot be basis for additional contract time. The allocated days assumes 52 days for Sundays throughout the years and 10 holidays (New Years, Presidents Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving [2] and Christmas [2]) throughout the year. Accounting for these days shall be kept on a daily basis with monthly totals and shall be turned in monthly with their pay request. These shall ten be possessed in the final change order for the project. 11000.29 ELECTRONIC DOCUMENTS Electronic copies of Bid Plans and Specifications may be provided upon request for Contractor's reference only. Bids shall be submitted based on hard copies of plans, specifications and addenda provided. by the City of Richmond in order to avoid errors and/or omissions due to printing, etc. EXHIBIT'A' - Page 21 of 39 SECTION 11100 SPECIAL REQUIREMENTS H100.01 DESCRIPTION OF WORK The work is located in the Tertiary Filter Building at the William Edwin Ross Wastewater Treatment Plant in Richmond, IN. The work shall include the replacement of portions of the air header pipe and fittings as shown on the drawings and all other incidental or described work. 11100.02 SPECIAL CONTRACT CONDITIONS Not used on this project. 11100.03 EXISTING FACILITIES ACCESS 1. The Contractor shall be responsible for maintaining access to existing businesses during the construction period. If access is temporarily disrupted, the Contractor shall be responsible for providing ingress egress from properties. 2. It is the responsible of the Contractor to notify ,property owners of any disruption if any normal use of property by its owner. 3. Contractor will maintain traffic at all times unless noted. H100.04 CONSTRUCTION WATER Construction water will be responsibility of the Contractor at no cost to the Owner. H100.05 CONSTRUCTION POWER The Contractor shall be in. responsible for his electrical power requirements during construction. 11100.06 UTILITY NOTIFICATION The Contractor shall notify all utilities prior to any excavation 11100.07 CONSTRUCTION SEQUENCE A. The Contractor shall schedule his work with the Owner when his operation may affect the operation of the wastewater treatment plant. EXHIBIT'A' - Page 23 of 39 B. Prior to commencing the work, the contractor shall provide the engineer a detailed schedule of the proposed work. The schedule shall include a list of tasks required to complete the work; their relevancy to each other, expected duration and completion dates. H100.08 PROJECT PROGRESS MEETING It shall be the responsibility of the Contractor to have a representative present at each meeting. The meeting shall be held at least once a month or as called by the Engineer for construction problem solving or changes in scope. H100.09 OVERRUN OF CONTRACT QUANTITIES Any items of the Contract, which exceeds (5%) five percent of the proposal quantities, will not be authorized for payment without prior written approval of the Engineer. H100.10 SUBSIDIARY WORK Any minor work not itemized will be considered subsidiary to the project. No separate payment will be made for this work H100.11 PRE -BID CONFERENCE All bidding Contractors may attend a pre -bid conference as advertised. H100.18 CONSTRUCTION LAYOUT Construction layout and staking will be completed by the contractor. It will be the responsibility of the contractor to maintain this staking throughout the project. H100.13 AS -BUILT DRAWINGS As -Built drawings are required to be completed by the contractor as part of this project and are to be submitted to the Richmond Sanitary District before the retainage is paid. H100.14 (NOT USED) H100.15 ITEMS TO BE SUBMITTED WITH BID See the front end documents, request for quote cover sheet and/or advertisement information for the appropriate items to be submitted with the bid. H100.16 PRE -CONSTRUCTION AUDIO -VIDEO SURVEY EXHIBIT'A' - Page 24 of 39 Prior to construction, the Contractor, shall digitally record the construction area in order: to document the condition of the area. The product shall be a high quality digital audio and video DVD. The video shall present bright, sharp, clear pictures with accurate colors. The audio portion shall have proper volume, clarity and be free of distortion. The audio commentary shall contain precise and concise explanatory notes. The recordings shall include coverage of all surface features located within the construction limits and other adjacent buildings, streets, driveways, ditches, trees, shrubs, and other structures, including utility infrastructure. The recordings shall be delivered to the Engineer prior to the start of construction and before the placement of any construction materials or equipment on the proposed construction site. Recordings that do not. conform to the specifications may be rejected with re -taping to be done by the Contractor at no additional cost to the Owner. The DVD's shall be delivered in storage cases. Each DVD shall be properly labeled and indexed. An index shall be provided to describe the contents of each DVD, including stationing, etc describing the location of each recording. H100.17 CONTROL OF GROUNDWATER AND SURFACE WATER The control of groundwater and surface water shall be the responsibility of the Contractor. No extra payment shall be made for this work. The Contractor shall be responsible for any temporary or permanent damage or perceived damage, including loss of water or damage of water well equipment, asa result of their dewatering. H100.18 SANITARY SEWER BY-PASS PUMPING The Contractor shall employ bypass pumps as required to keep all sewers in operation during construction as well as protect the environment from spills. The cost of this pumping shall be considered incidental unless a detailed line item in the bid sheet is provided. A by-pass pumping plan and/or flow control plan will be required to be submitted and approved by the Engineer prior to installation when by-pass pumping is required. H100.19 SHOP DRAWING SUBMITTALS All materials used shall have a shop drawing submitted for review by the Engineer. These submittals shall include manufacturer information highlighting that the material complies with the specifications and drawings. No material shall be ordered or installed before this review has taken place. The submittals shall be submitted electronically via email. H100.20 (NOT USED) EXHIBIT'A' - Page 25 of 39 This page intentionally left blank. EXHIBIT'A' - Page 26 of 39 SECTION H2O0 EXECUTION H2O0.01 PREPARATION The Contractor shall accept the site as he finds it and shall do all work as specified on the drawings and implied thereby. H2O0.02 PROTECTION A. Locate, identify, and protect utilities that remain, from damage. B. For areas outside of the construction limits, protect trees, plant growth, and features as final landscaping. For the areadesignated designated as construction limits, protect and preserve trees and plant life unless designated to be removed. Provide fencing around the trees or shrubs to remain at sufficient distance away and sufficient height so trees and shrubs will not be damaged in any way as a part of this work. C. Protect benchmarks, survey control points and existing structures from .damage .or displacement. D. Protect existing survey reference points from damage or disturbance, including but not limited to: section corners, bench marks, property pins, and other horizontal and vertical reference markers. The contractor shall be responsible for contacting the governing authority for each reference point in advance of disturbing the reference. The Contractor shall coordinate referencing of the reference point with the governing authority and. shall be responsible for all costs associated with preserving or re- establishing. any reference points disturbed by construction. hi addition, the Contractor shall be responsible for hiring a licensed land surveyor to replace any property pins disturbed during construction. E. Protection of persons and_property. 1. Barricade open depressions and holes occurring as part of this work, and post warning lights on property adjacent to or with public access. 2. Operate warning lights during hours from dusk to dawn each day and as otherwise required. 3. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by operations under this Section. EXHIBIT'N - Page 27 of 39 F. Use means necessary to prevent dust becoming a nuisance to the public, to neighbors, and to other work being performed on or near the site. G. Maintain access to the site at all times. H2200.01 (NOT USED) 112O0.04 DISPOSAL The Contractor may dispose of construction demolition material at the New Paris Pike Landfill. Standard rates and charges shall apply and be paid by the Contractor. EXHIBIT'A' - Page 28 of 39 SECTION 111100 TESTS, GUARANTEES, ACCEPTANCE All testing shall be documented and -signed by the Contractor and submitted to the owner for review and approval. Notice of testing shall be provided by the Contractor to the Owner no later than 48 hours in advance of scheduled tests. H1100.01 (NOT USED) H1100.02 (NOT USED) 1100.03 (NOT USED) 1100.04 ACCEPTANCE/GUARANTEES A. All surplus material and trash shall be cleared and removed from site. B. Daily records shall be kept by the Contractor for all materials, labor and equipment used. These records shall be presented to the Resident Representative for checking purposes before noon of the Friday of the following week that on which the Materials, labor and equipment were used. C. All work, labor and materials, is to be guaranteed for one year after acceptance. EXHIBIT'A' - Page 29 of 39 RICHMOND SANITARY DISTRICT CITY OF RICHMOND, INDIANA DRAWING AND SPECIFICATION FOR TERTIARY BUILDING AIR HEADER REPLACEMENT MAYOR DAVE SNOW DIRECTOR OF SANITATION BRYAN ERVIN SANITARY BOARD OF COMMISSIONERS SUZANNE MILLER - PRESIDENT GREGORY STEINS - VICE PRESIDENT AMAN BAKSHI - MEMBER GREELEY AND HANSEN 7820 Innovation Blvd Suite 150 Indianapolis, IN 46278 April 2018 ti 1STFR�O ; * No. .� -p PE 11011995 c,- 90--STM7E OF �v ONAL i Seal Affixed April 17, 2018 EXHIBIT'A' - Page 30 of 39 SECTION 15107 STEEL PIPE AND FITTINGS PART GENERAL 1.1 SUMMARY A. Section Includes: Requirements for providing steel pipe and fittings, except for steel pipe in buried applications, as follows: 1. Steel pipe and fittings include all fabricated and wrought steel pipe fittings. Use steel pipe only where specifically shown or specified. Provide pipe of the flanged, screwed, welded, grooved -type coupling joint or plain end type of the sizes and thicknesses as shown or specified. 1.2 REFERENCES A. Codes and standards referred to in this Section are: 1. ASTM A 53 - Specification for Pipe, Steel, Black and Hot=Dipped, Zinc -Coated, Welded and Seamless 2. ASTM A 181/A181M - Specification for Carbon Steel Forgings, for General Purpose Piping 3. ASTM A 283/A283M - Specification .for Low _ and Intermediate Tensile Strength Carbon Steel Plates, Shapes and Bars 4. ASTM A 307 - Specification for Carbon Steel Bolts and Studs, 50,000 psi Tensile 5. ASME B 16.21 - Non-metallic Gaskets for Pipe Flanges 6. ASME B 16.3 - Malleable Iron Threaded Fittings 7. ASME B16.5 - Steel Pipe Flanges and Flanged Fittings: NPS 1/2 through 24 with Appendixes 8. ASME B 16.9 - Factory -Made Wrought Steel Butt welding Fittings 9. ASME B36.10 - Welded and Seamless Wrought Steel Pipe Richmond Sanitary District 15107-1 Steel Pipe EXHIBIT'A' - Page 31 of 39 1.3 SYSTEM DESCRIPTION A. Design Standards: Use dimensions for steel pipe in accordance with ASME B36.10, unless specified otherwise. 1. Provide Schedule 40, 14-inch diameter pipe. B. Provide steel pipe meeting the requirements of ASTM A 53. 1.4 SUBMITTALS General: Provide all submittals, including affidavits or confirmation from the manufacturer certifying that materials furnished conform to the requirements specified and that the paint products have been checked for compatibility. A. Submit the following shop drawings: 1. Cut sheets for pipe, couplings, harnessing and any special fittings. 2. Fully Dimensioned layout of pipe, fittings, couplings, sleeves, expansion joints, supports, anchors, harnessing, valves and equipment. Label pipe size, type and materials on drawing and include schedule. 3. Product data for paint products including color chart for final color selection. B. Quality Control: Submit the following certifications: 1. Welders' certifications. i 1.5 PAINTING REQUIREMENTS A. Shop Primed and Finished Items: Furnish the following items shop primed and field painted: steel pipe and associated fittings 1.6 QUALITY ASSURANCE A. Utilize certified welders, having current certificates conforming to the requirements of the ASME code to perform all welding on steel pipelines. 1.7 DELIVERY, STORAGE AND HANDLING A. Deliver, store and handle pipe, fittings and couplings per manufacturer's recommendations. Richmond Sanitary District 15107-2 Steel Pipe EXHIBIT'A' - Page 32 of 39 PART 2 PRODUCTS 2.1 MANUFACTURERS A. Acceptable manufacturers are listed below. Other manufacturers of equivalent products may be submitted. 1. Steel pipe and fittings a. U.S. Steel b. L.B. Foster C. Northwest Pipe Company 2. Seamless steel welded fittings a. Taylor Forge and Pipe Works b. Tube -Turns C. Walworth 3. Sleeve -Type Couplings a. Dresser, Style 3 8 with Grade 27 gasket b. Smith -Blair, Inc.,'Type 411 with Type 003 gasket 4. Weldolets and Threadolets a. Bonney Forge and Tool Works 5. Expansion Joints (Short Type) a. Anarriet, Inc. 6. Coatings a. Tnemec b. PPG 2.2 MATERIALS A. Fittings 1. Manufacture fittings for steel pipe to standard dimensions, suitable for the pressures specified. Provide steel fittings of the same or heavier wall thickness as the pipe of which they are a part. Richmond Sanitary District 15107-3 1 Steel Pipe EXHIBIT'N - Page 33 of 39 a. Provide fittings of the seamless steel welded type or flanged type, except as shown or specified otherwise. 2. Unions: Use screwed unions on all steel pipelines 2-inch diameter and smaller and flanged unions on pipelines 2.5-inch diameter and larger. a. Provide an adequate number of unions of the screwed or flanged type in each main pipeline and each branch to facilitate the dismantling or removal of any branch line or any part thereof or the section of the main pipe to which it connects, without disturbing adjacent branch lines or their related main pipeline. 3. Welding Fittings: Provide butt welding fittings meeting the requirements of ASME B 16.9. a. Provide outlets for welded connections that are made with Weldolets of the butt welding type. b. Provide outlets for threaded connections that are made with Threadolets. 4. Fabricated Steel Fittings: Unless otherwise shown, provide steel flange fittings meeting the requirements of ASME B 16.5 for 150-pound standard, except provide flanges that are plain faced. a. Fabricate steel fittings from the same plates as the pipeline of which they are a part and meet the requirements of AWWA C208, unless otherwise shown or specified. b. Provide fittings and elbows that are made of pipe segments or preformed plates. C. Provide reducers and increasers with the same laying length as American Standard Class 125. d. Provide fabricated steel fittings with plain ends or welded flanges. e. Provide tees, wyes, laterals and outlets reinforced in accordance with AWWA M11. B. Sleeve -Type Coupling 1. General: Provide couplings with rolled steel followers, steel sleeves, rubber compound gasket and high strength bolts and nuts. Richmond Sanitary District 15107-4 Steel Pipe EXHIBIT'A' - Page 34 of 39 2. Gasket Material: Use gaskets that are not affected by the fluid service of the pipeline. 3. Pressure Rating: Provide couplings with a minimum pressure rating equal to the test pressure of the pipeline. 4. Middle Rings: Provide middle rings without a pipe stop, and at least 1/4-inch thick and 5 inches wide for 8-inch and smaller pipe, 3/8-inch thick and 7 inches wide for 10-inch through 30-inch pipe, and 1/2 inch thick and 10 inches wide for 36-inch and larger pipe, with follower rings of the proper thickness. 5. Harnessing: Unless shown or specified otherwise, design, furnish and install harnessing for sleeve -type couplings in accordance with the applicable portions of AWWA Manual M11, Chapter. 13 -Supplementary Design Data and Details, Section 13.10 - Joint. Harnesses. Furnish harnessing having a design pressure equal to or greater than the test pressure of the pipeline on which it is installed. C. Expansion 1. General: .Make ample provisions for flexibility in all pipelines to compensate for expansion. 2. Expansion Device: Provide adequate expansion devices to allow the lines to expand and contract freely without damage to any part of the piping system. a. Provide expansion devices in the form of expansion joints, expansion couplings, swivel or swing joints or pipe bends, and include such anchors as may be shown, specified or required to make the devices effective. b. If expansion devices are not required, fabricate all runs of pipe subject to expansion shorter than their theoretical length to the extent that there is freedom to expand without increasing the stresses imposed when cold. 3. Expansion Joints: Provide expansion joints that are of the single short type and are designed for the specified test pressures. Provide expansion joints with adequate tie rods to limit the axial movement at the specified test pressures, except where noted or specified otherwise. D. Coatings and Linings Richmond Sanitary District 15107-5 Steel Pipe EXHIBIT'A' - Page 35 of 39 1. General: Line and coat steel pipelines in accordance with the piping schedule below. Paint Schedule MATERIAL PAINTING SCHEDULE Class of Work Primer Shop Coat Field Coats 1st 2nd 3rd Steel Air Pipe Interior A A* B B * Touch-up bare metal with primer Schedule of Paints Volume Dry Film Thickness Symbol Product Name and Number Solids % Mils Per Coat A Tnemec Series 90-70 Tneme-Zinc 63 2.5-3.5 B Tnemec Series 69 Hi -Build Epoxoline 69 2.0-3.0 II a. Coat all bolts, nuts, couplings and the like after the joint has been made. b. Paint in accordance with manufacturers recommendations. 2. Liquid Epoxy: Where liquid epoxy lining and coating is shown, specified or required, line and coat in accordance with the requirements of AWWA C210. 3. Sleeve -type Couplings: Shop coat all surfaces with Dresser Red D, Smith -Blair Standard Blue Shop -coat, or equal nontoxic material compatible with the finish coatings specified. Give the inside coating of the middle ring an additional shop coat of Tnemec Pota-pox (or equal). Finish coat as specified for the pipeline of which it is a part. PART 3 EXECUTION 3.1 INSTALLATION A. General: Install all steel pipe and fittings in accordance with the manufacturer's recommendations and approved shop drawings. Richmond Sanitary District 15107-6 Steel Pipe EXHIBIT 'A' - Page 36 of 39 3.2 LEAKAGE TESTING A. Cleaning: Clean and test all pipes after installation. B. Testing: Test pipes for leaks and repair or tighten as required. Test pipe by applying solution of soap and water to the pipe and visually inspect for any sign of leakage. END OF SECTION Richmond Sanitary District 15107-7 Steel Pipe EXHIBIT'A' - Page 37 of 39 (NO TEXT FOR THIS PAGE) Richmond Sanitary District 15107-8 Steel Pipe EXHIBIT'A' - Page 38 of 39 u ra sru ArrBBn�A.Id r g APIs 1r. mle tBrAl t't� 8 ®-NM1eR111 PUMP ROOM '+FE NBIE�S`. 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IEfAttAtOMs Aw DCRwrn mart AME tttvAm w ne AnAa[D SPDS1Gamt a m Daslx e®a awe tw s Imtnm to mRRAaw ro tANe wivell.4 m01twW[ WIw ffm swr m somuc f,z£ oar Rm srAR AAE ro BR1Ml[ ra aaaY fFAML n tte lnu et>nua war 1rwN w stma AIO wt1I.AlQUt a ALL 1rEL ra i2ttBs Iru DncrtBM lnemur Aw sayR AsrAm a M erearww me wlmac ltw AtnACDla+r. Rsa svAP t� M®ro fMxnN Ate ro ne ww»1n :OVERALL FILTER .BUILDING PLAN r' "1 ar g11 "�rA Pfn r¢�'�"'�"�' BaMAm Drt AR MFMDiro nE "°"a mrea as 6 ftMBl/d, mISmC aAlelai 6 RAAmRR FFE aW PA5911IA000II F1aS11A Iwtt iBEI:IE OOMBNI iM1C 1cA47A✓tmlf AIA Q1MiW WtIa1 p t1(E S)WP OAAT416 AT ELEVATION 882'-0" L zxo c B 1 BAr srAcc ma; WrDeNg Fm N r e tmwH RL ON FH. PE ABr®T AT ra 1 NwaN AtIHMAaL NHa HAHBa d l E ouuutt rr t9 100 8a/m R. scut va- - V-W to Dmrw w swrcwrs ro a ttDtS}II PA 1IAIMem AMB Pw[ owvne PB9T waaMwmw (q BwAnm ARFA wig• if. �� 99]I. Ia16[ 00a0 Saam 91f IaalE NSWt 50 9�911 6 CM IB'Df]�:E M AR ML100. N6)IWE TAPFCL FlIJILE OM O0m1 Ow�1 APHwIaI Ie/JB 6 SE�H n n 4......: S 4 t� R 1/B'�I'-0' is Bw. fse ntwf Am KIIDt m Imuaa SIR Mealtmlort AlrrmBwtar Bf¢ NIOf ma erveltr R MwRBMD1 Aw tuwx IS SaEIDlA 06d1[ �It90 WM6'OL K/Dpi 10SWW N QRro Aw AI0 44111' IWD S'aBM] I91AM8 I® WOIAB M ra !EIDER fSAtAtID m BBCar AS {0531aE AaOE I00N 50®ML WIOI AS0 - RSONZ a✓oEA M w ®RD MfR6 Y 0 ro e WMM ASO Wt ARE SOBrafD.' - stwfa sxR twAnm i>w slm ree mtta a Worts v srAaa ra owg omcn. - IlorB �� 11"t' txr aR ®^� for m a+noN1 wts 'RCHMOND. SANRAAY DISTRICT - on¢ AB! 161HtA a Imlrwm m Srtr+NG Au utwRm twat s ro ¢ tLYR1rrB lend 21 tNO01alR aan RICHMOND. INDVNA PRICE REQUEST 0 °F M s u II o * V� '4P �M CITY OF RIUMOND DEPARTMENT OF SANITATION 2380 LIBERTY AVENUE-RICHMOND, INDIANA 47374 PHONE (765) 983-7450-FAX (765) 962-2669 I THIS IS NOT AN ORDER I VENDOR INSTRUCTIONS This is a request for a price for the services of materials Maddox Industrial Group, Inc. described below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. 5906 S. Harding Street Please complete your full name and phone number below Indianapolis, IN 46217 with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to j specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: July 16, 2018 September 11, 2018 by 10:00AM UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for proposals for the Tertiary Building Air Header Replacement Project. Please see attached specifications. All E-Verify requirements will apply to this quote. Please include a Certificate of Insurance and any warranty information. Pre -Quote meetinq will be August 14th at 1:00PM at Richmond Sanitary District Administration Building. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Svc Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: Tertiary Building Air Header Replacement If you have anV questions please call Elijah Welch at 765-983-7483. ST AX EXEMPTION # 003121909-001 ti Richmond Sa ' ary District NAME OF FIRM QUOTING: jnn AUTHORIZED BY SIGNATURE loom �/� Q.r✓1 era fir' TITLE °HoT DkE4ly-Ala? DATE PHONE NUMBER EXHIBIT'B' - Page 1 of 8 ppj C,4 <R-?9)q 1 , n RESCUE CONFINED SPACE RESCUE & ROPE ACCESS ;MENT CONTACT: Elijah Welch Office: 765-983-7483 Cell: 765-969-1590 Email: ewelch@richmondindianagov THIS PROPOSAL IS GOOD FOR 30 DAYS e�yo JR ]NDiJSTRI[AL 'SOLUTIONS SPECIALIST" MADDOX INDUSTRIAL'GROUP 5906 South Harding St. Indianapolis, IN 46217 131-1..:317-876-2400 FAX317-870-2410.WWW.MADDOXINDUSTRIAL.COM INDUSTRIAL MECHANICAL— ELECTRICAL— MILLWRIGHT -'MAINTENANCE EXHIBIT'B' - Page 2 of 8 0 MADDOX INDUSTRIAL GROUP Jp�pll3Tfi/AL S0 U7toM .4PECIALfBT September 10, 2018 Richmond Sanitary District 2380 Liberty Ave. Richmond, IN 47374 Attn: Mr. Elijah Welch Reference: 14" Air Header Replacement Thank you for allowing us to quote this project. Our scope of work consists of the following: Scope of Work 1. We will provide labor and equipment to remove sections of the air header that are shown on the print provided to Maddox for this project. 2. We will provide labor, material and equipment to fabricate and install the sections of air header piping that are shown on the print provided to Maddox for this project this includes 5- Smith- Blair Couplings. 3. All the exterior of the new piping will shop primed and painted pre -spec. The tie in welds and the touch- up after install will be down in the field pre -the spec. Exceptions & Exclusions: 1. Payment Terms are Net 30 Days. 2. No additional work included other than listed above. 3. No shift work included. 4. The quote is for roughly 140ft of 14" pipe pre the drawing if there is more that need replaced there will be extra cost added. 5. Existing hangers will be reused. 6. All flanges quoted are RFSO 150LB. 7. No permits, licenses or fees included. 8. All fittings quoted are butt weld factory fittings and are Weld Bend and their certification is attached to this proposal. The pipe is grade A53 schedule 40 carbon steel. 9. Price for materials are subject to change without notice. Price will be confirmed at time of order. 10. Any additional work performed will be billed under the Maddox Industrial T&M agreement provided. 11. Customer to provide free clear issue to perform work by MIG, delays of materials, equipment or change in schedule that impact or accelerated schedule beyond MIG control will incur additional cost for impact of schedule. 12. No Retainage withheld Invoices not paid within 30 days are subject to a 1.5% service charge and subject to Lien rights and attorney fees. TOTAL LUMP SUM PRICE: $79,989.00 If you have any questions concerning this quote, please feel free to call me. Sincerely, Maddox Industrial Group, Inc. �iK gee Project Manager Cell 765-414-8107 Ph. 317-870-2400 5906 South Harding St. Indianapolis IWE4-6231TARraIV-870-2400 wwwanaddoxindusti-ial.corn 0 MADDOX INDUSTRIAL GROUP ItJOU�tTtRr�>�7'(r7N syscraurr It is understood and agreed that Contractor shall enter into a written contracts with subcontractors and vendors (collectively "Subcontractors") for the performance of portions of the'work to be performed under the terms of this Contract ("Subcontracts"). Under said Subcontracts between Contractor and Subcontractors, Contractor shall use reasonable efforts to contractually require the Subcontractors to: (a) assume liability and responsibility both to Owner and Contractor for any material defects and deficiencies in the work performed by the Subcontractor ("Subcontract Work") for a period of one (1) year after the performance of Subcontractor's Work; (b) coirect and repair or cause to be corrected and repaired any such material defects or deficiencies in the Subcontract Work resulting from errors and omissions by the Subcontractor, and (c) cause Owner to be an express third party beneficiary of the above (a) and (b) Subcontractors'. warranties and guarantees to the extent contained in the Subcontracts. Contractor hereby assigns its right, title and interest in and to all such warranties and guarantees of its Subcontractors contained in the Subcontracts to Owner, effective upon the payment by Owner of all amounts required to be paid to Contractor hereunder. Notwithstanding the foregoing assignment, Contractor may, but shall have no obligation or duty whatsoever, to assert a claim against a Subcontractor to. enforce any such warranty or guarantee. Notwithstanding any other terms or provisions of this.Contract or any other - agreement between Contractor and Owner, Owner's sole and exclusive remedies in connection with the Subcontract Work performed by a Subcontractor, and all claims, damages, demands, losses, expenses, fines, causes of action, suits, or other liabilities resulting therefrom, shall lie solely against the Subcontractor that performed the Subcontract Work and Owner hereby releases and agrees.to indemnify and hold harmless Contractor from any defects and deficiencies in the work performed by a Subcontractor, and all claims, damages, demands, losses, expenses, fines, causes of action, suits, or other liabilities resulting directly or indirectly therefrom, including without limitation Contractor's attorneys' fees. 5906 South Harding St. Indianapolis,EW'46B17p/a�'9-870-2400 :www.maddokiridustrial:com CIERTIF1CATE OF COMPLIANCE Steel Related Industries Quality System Registrar 300 Northpointe Circle, Seven Fields, Pennsylvania, 16046, USA Alexandra House, Ballsbridge, Dublin 4, Ireland EU A legal entity within the United States and .European Union with competence demonstrated via ANAB and RvA accreditation as an ISO 9001 certification body with a scope of accreditation for the assessment of quality management systems of organizations which include the manufacture of materials and in the technology of the materials concerned, as specified in the scope below -CERTIFIES- Wive Macend Corparslo'an at its location: 6600 South Harlem Avenue Argo, Illinois, 60501, USA has implemented, operates and maintains a Management System in accordance with the requirements of Pressure Equipment Directive (PED) 97/23/EC 7/2, Annex I, Paragraph 4.3 Scope of PED compliance: "Manufacture of carbon steel butt -welding fittings and forged steel flan I Signed for SRI, Ch opher . Lake, President & COO Date: August 25, 2015 Registration Number: 2600-01 Steel Related Industries Quality System Registrar, LTD is a registered, duly licensed, operating "legal entity' in the European Union, and as such, is fully responsible for Management System Certificates bearing its U.S. and Ireland address for the purpose of satisfying the material manufacture requirements of the European Union Pressure Equipment Directive. This certificate is valid and will remain in effect when accompanied by a valid ISO 9001:2008 registration certificate that bears SRI's Ireland address, as noted above. EXHIBIT'B' - Page 5 of 8 1 Affidavit of Employment Eligibility Verification Contractor,. tLi }��� TN fD�,c_ e i l_ U79W-paifirms 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 =authorize d 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 verif[ed 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 cery to the Contractor that the tif 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 10jhdayof ��Q �JYY►�oer' , 2019._ LORA L ,e���ytATEppy� BARKER oT�y NOTARY PUBLIC l8 a� (signature) 'e � �� OHNSOFCOUN Y JOHNSON COUNTY / ��� �NOUNI` ��� COMM, # 666783 ,{ �2�� ��gnnN�`` COMM, EXPIRES 04.10.20T,3 (printed name) EXHIBIT'B' - Page 6 of 8 E-Verrafy Requirements: Definitions: E-Verify Program — A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act -of 1996 (P.L. 104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). 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. [lO flgtl�O�ODP70I]�ALL OIInCODq �t�[I�O ADA��Begllq�D��00 DOEtf7O �71GDO[IDO CtlG GOD OM■O■I1gq �90�D0/H]10I7■ COMPLIANCE WITH JNDIANA E-VERII+'Y PROGRAW REQUIREMENTS Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility status of allnewly 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 the 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 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty (3 0) day period provided above, the City shall consider 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 orpublic 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. EXHIBIT'B' - Page 7 of 8 IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-2246.5, 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 to be in breach of this Agreement and terminate the agreement the right to consider the Contractor upon the expiration of the ninety (90) day period set forth above. zbb EXHIBIT'B' - Page 8 of 8