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
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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
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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)
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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
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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.
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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
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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
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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
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PRICE REQUEST
0
°F M
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* 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