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HomeMy Public PortalAbout187-2019 - Sanitation - Culy Inc - Sewer Repair WorkJ, AGREEMENT 5 THIS AGREEMENT made and entered into this �' day of �,�, , 2019, by and between the City of Richmond, Indiana, a -municipal corporation 'acting by and through its its Storm Water Management Board, with its office at 50 North 51 Street, Richmond, Indiana, 47374(hereinafter referred to as the "City") and Culy Contracting, 5 Industrial Park, Drive, 'Winchester, Indiana 47394 (hereinafter. referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORD City hereby retains Contractor for services related to the City's 2019 Miscellaneous Storm Sewer Improvements Project installing or replacing storm inlets and storm sewers across multiple locations throughout the City. City placed a bid notice in the newspaper and said notice to bidders and the. specification on file for the 2019 Miscellaneous Storm Sewer Improvements Project are attached hereto and incorporated herein as Exhibit "A". The bid response of Contractor is contained in Exhibit "B", is dated November 12, 2019, is seventeen (17) pages in length, and it is hereby incorporated by reference and made a part; of -this Agreement. - Contractor shall provide -all services described in Exhibit "A" and at the rates set forth in Exhibit "B". Should any provisions, terms, or ,conditions contained in any of the documents attached hereto as Exhibits; -or in any of the documents incorporated by reference herein, conflict with -any of 'the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, -and services necessary for the proper completion of all work specified. 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 signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing -Department. SECTION II. - STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed One Hundred Eighty -Nine Thousand Two Hundred Fifty -Nine Dollars and Zero Cents ($189,259.00) for complete and satisfactory performance of the work required hereunder..: The monies to be paid to Contractor are based upon the bid sheet submitted by Contractor, which is set forth in Exhibit "B", and attached with this Agreement and made a part hereof. Contract No. 187 - 2019 Pagel of 6 The time for the substantial completion of the project described in Exhibits "A"• and "B" is One Hundred Fifty (150) days after the execution of this Agreement, plus Thirty (30) additional days to final completion. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until final completion of all work. 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 five (5) working days written notice specifying the effective date and the reasons for termination which shall include -but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; 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 suff cient funds to make payment on this Agreement. In the .-event of such termination, the City ' shall be -required to make ,payment for all work = performed prior to the date this Agreement is terminated, but shall -be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for damage or injury to person or property or other claims which may arise from the Contractor's conduct or performance- of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will , protect it from the claims set forth below which may arise out of or result from the Contractor's 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 beheld responsible. Page 2 of 6 Coverage Limits A. worker's Compensation & Statutory -Disability Requirements B. Employer's Liability $1003000 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 (if applicable) Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate F. 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--1.1-11 (a) (2). In the event Contractor violates IC 22--5.-71.7 the Contractor- shall be required to remedy the. violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30), day period provided -above, the City shall consider 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 Page 3of6 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.I investment' activities in Iran. In the event City determines, during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice. is given to the Contractor, the .City may proceed with any remedies it may have pursuant to IC 5-22- 16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination'. is not refuted by Contractor in the manner set forth in IC 5-22--16.5, the City reserves the right to consider the Contractor to be -in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any 'sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms., conditions or -privileges of employment or - any matter directly, or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-64, the Contractor agrees: 1. 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. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. Page 4 of 6- C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE of LIABILITY Contractor hereby agrees to release and hold harmless the City and all off cers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. The City hereby agrees to release and hold harmless the Contractor and all officers, employees or agents of the same from all -liability which may arise in -the course of City's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS ANEOUS 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 against Contractor, 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 Contract in a representative capacity hereby warrants that he or she has authorization, in writing, by his or her -principal to execute this Contract on behalf of the Contractor and that such authorization has not been revoked or rescinded. Page 5 of 6 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 CULY CONTRACTING by and_ through its Storm Water Management Board By: iens, President (Pr/e--r-ex-IrN A Bakshi, Vice President Ti r t Dated: Sue Miller, Member = Dated. CITY OF RICHMOND INDIANA INVITATION TO AID 2..0,1.9 MISCELLANEOUS STORM. SEWER IMPROVEMENTS PROJECT FOR RICHMOND SANITARY DISTRICT EXHIBIT'A' - Page 1 of 122 INDEX =-INVITATION TO BID Form 95 _ See Attach-ed Form Notice to Bidders ' -1 Page= Anvitation; for _Bid .... - 1 Page = STANDARD TERMS AND CGNDTIQNS .:: Definition A.1 Departments A.2. Bidder & Contractor A.3 Estimated -Quantities A.4 Addenda A.5 Bidding Documents B.1 = Substitutions = B.2 Demonstrations/Samples B.3 Data Privacy1' . : - -B.4 Bidding- Procedures - Bid Security :. - f C.2 - _ Submission of Bids = C.3 t Bidder's Representation C.4 -Modification or Withdrawal- of Bid _ C.5 Delivery of Goods C.S Consideration. of Bids : D.1 Rejection//Acceptance of Bids D.2 Bid Award D.3 Warranties,- Guarantees & Maintenance D.4 Contract Documents E.1 Indemnification .. Workers Compensation insurance F.2 Payments .... G.1 t_ - Method of -Invoicing G.-2 Damages for Delays G.3 Proposal Sheets :: Enclosed Specifications & Plans Enclosed ' EXHIBIT'A' - Page 2 of 122 CONTRACTOR'S BID FOR PUBLIC WORK -- FORM N 52414 (R212-13) / Form 96 (Revised 2013) Prescribed by State Board of Accounts PART I' F Jo be completed for al/ bids. Please type orprint) Date (month, day, year): 1. Governmental Unit(Owner): 2.- -County: 3. Bidder(Firm)-' Address: City/State/Zip Code: 4. Telephone Number 5. Agent of Bidder- (if applicable). - Pursuant to notices given, the undersigned offers to fumish labor and/or material necessary to complete the public works project of (Governmental Unit) -in accordance with plans and specifications prepared by ` and dated. for the sum of The undersigned further agrees --to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. if alternative bids apply, the undersigned submits.a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced atthe applicable page.: If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract .if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any. matter directly or indirectly related to employment because of race, religion, color, sex, national origin or, ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (lfapplicable) 1, the undersigned bidder- or agent as a contractor on a pubiicworks project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 -hereby certify that 1 and all subcontractors employed by me for this project will use U.S. steel products.on. this project if awarded. I understandthatviolations hereundermay result inforfeiture of contractual payments. EXHIBIT 'A' - Page 3 of 122 The above bid is accepted this following conditions: Contracting Authority Members: ACCEPTANCE day of , subject to the PART 11 (Forprojects of$150, 000 ormore -1C36-1-12--4) Governmenta I Unit: Bidder (Firm) Date (month, day, year): These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount Class of Work Completion Date Name and Address of Owner 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner EXHIBIT'A' - Page 4 of 122 3. Have you .eve rfailed t❑ complete any work awarded to you? If so, where and why? 4. List references from private firms for which you have performed work. SECTION II PLANAND EQUIPMENT,QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information. which -you believe would enable the governmental unit to consider your bid.) • , 1 2. Please list the names and addresses' of all subcontractors (ie. persons or firms outside your own firm who have performed part of the work) that you have used on public. works projects during the past five (5) years along with a brief description of the work done by each subcontractor. J 1 EXHIBIT'A' - Page 5 of 122 3. If you intend to sublet any portion of the work, state'the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require .a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit irithe event that you subsequently determine that you will use a subcontractor on the proposed project. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. b. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. SECTION I I I CONTRACTOR'S FINANCIAL STATEMENT Attachment of -bidder's firancial statement is mandatory: Any bid submitted without said 'financial - statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. ExH1BIT'A' - Page 6 of 122 SECTION 1V CONTRACTOR'S NON -COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn -on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING, BID FOR PULIC WORKS ARE TRUE AND CORRECT. Dated at this day of , ! (Name of Organization) By (Tiile;of Person Signing) ACKNOWLEDGMENT STATE OF )Ss COUNTY OF } . Before me, a Notary Public, personally appeared the above -named Swore that the statements contained in the foregoing document are true and correct. Subscribed and. sworn to before me this day of Notary Public My Commission Expires: County of Residence:. EXHIBIT'A' - Page 7 of 122 and Part of State Form 52414 (R212-13)1 Form 96 (Revised 2013) BID OF (Contractor) (Address) FOR PUBLIC WORKS PROJECTS OF Filed Action Taken • EXHIBIT'A' - Page 8 of 122 NOTICE TO BIDDERS STORMWATER MANAGEMENT BOARD RICHMOND INDIANA Notice is hereby given that sealed proposals will be received by the Storrwater Management Board of the Richmond Sanitary District of Richmond, Indiana at their office at the Administration Building, 23 80 Liberty Avenue of said City on Tuesday, November 12,- 2019, at 10:00 A.M. for furnishing the following in accordance with specifications on file at the Richmond Sanitary District, 2380 Liberty Ave., Richmond, Indiana, and in the Office of Purchasing in the Municipal Building, 50 North Fifth Street, Richmond, Indiana. 2019 MISCELLANEOUS STORM SEWER IMPROVEMENTS PROJECT All proposals shall be properly and completely executed on a Form No. 96 as prescribed by the State Board of Accounts of the State of Indiana. All proposals submitted shall be accompanied by an acceptable Bidder's Bond, Certified Check or Cashier's check made payable to the Richmond Sanitary District in the amount of 5% of the -total bid price. If the bidder is from out-of-state, the Bidder's Bond must be secured by a Surety who is admitted to do business -in Indiana. The successful bidder will be required to submit a Performance Bond in the amount of 100% of the bid price and a 100% Labor and Materials Payment Bond, prior to commencing work. Checks of the unsuccessful bidders. —will be returned on award of the proposals. Specifications and bid forms may be secured from the Richmond Sanitary District, 2380 Liberty Ave., Richmond, Indiana 47374 or from the Purchasing Office, 50 North 5 h St., Richmond, Indiana 47374. All proposals should be placed in a sealed envelope marked "Confidential -Bid Proposal" on outside of envelope. A pre-b`id conference will be held October 29, 2019 at 10:00 A.M at Richmond Sanitary District, Administration Building, 2380 Liberly Avenue Richmond Indiana. You are strongly encouraged to attend this conference (meeting) as this will be the only one conducted. The Stormwater Management Board of the Richmond Sanitary District of the City of Richmond, Indiana reserves the right to reject any and all bids, parts of bids and re --advertise for same and to waive informalities or errors in- bidding. Bidder will be required to comply with all applicable Equal Employment Opportunity laws and regulations, including Section 504 of the Rehabilitation Act of 1983. STORMWATER MANAGEMENT BOARD Greg Stiens Aman B akshi Sue Miller Publish Dates: October 13th & 20th, 2019 EXHIB1T'A' - Page 9 of 122 INVITATION FOR BID This invitation is issued to establish- a contract to supply the City of Richmond with a commodity - or service in accordance with accompanying specifications. Specification For: 2019 MISCELLANEOUS STORM SEWER IMPROVEMENTS PROJECT Submit Bids Before 10:00 a.m. on Day of Bid Opening to:- Stormwater Management Board Richmond SanitarU District, Administration Building 23 80 L'b rty A e venue Richmond, IN 47374 Bid Opening: Time: 10:00 a.m. Date: November 12, 2019 Location of Bid Opening:, Richmond Sanitary District Administration Buildin 2380 Libe Avenue Richmond, IN 47374 = Bid Bond: 5% (See Section C.2}' Performance Bond:. 100% (See Section C.2) Labor & Materials Payment Bond: 100% . - (See Section C.2) MaintenanceBond: 100% 12 Months (See Section C.2) Insurance/Workman's Compensation: = YES (See SectionB.1.4 &.F.2.1) Common Constructions wages: NIA (See Section B.1.5 & See attached) Bid Form Included:— FORM 96 Schedule of Values: YES STANDARD TERMS & CONDITIONS ARTICLEA INSTRUCTION TO BIDDERS A. 1, DEFINITION: A. 1.1 City of Richmond A. 1.2 The City is in Wayne County, a political subdivision of the State of Indiana. A.2 DEPARTMENTS: A. 2.1 The following -are the departments that are under Richmond Code 41.02 (h) Central Purchasing: Parks and Recreation,' Police, Fire, Sanitary District (Liquid & Solid Waste), Clerk,' Attorney, Controller, Purchasing, Planning, Engineering, and all other City Government units such as Street, Rase View Transit, and the Airport. A. 3 BIDDER AND CONTRACTOR: 1 A. 3.1 A bidder is a person or entity who submits a bid. A. 3.2 The contractor is the person or entity who enters into a contract with -the City of Richmond to furnish goods or services. A.4 ESTIMATED QUANTITIES: A. 4.1 if the quantity set forth in the Invitation to Bid and Proposal is approximate and represents the estimated requirements of the City for a specified period of time, the unit price and the extended. total price thereof shall be used only as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimate, but the City shall neither be obligated nor limited to any specific amount. The city will, if at all possible, restrict increases to 20% of the estimated quantity and will, if at -all possible, restrict decreases to 20% of the estimated quantity. l A.5 ADDENDA: A. 5.1 An addendum is a written instrument issued by the City of Richmond prior to the date for receipt of bids which modify or interpret the bidding documents by addition, deletions, clarifications or corrections. A. 5.2 Addenda will be mailed or delivered to all who are known by the Purchasing Department to have received a complete set of bidding documents. A. 5.3 Copies of addenda will be made available for inspection in the Purchasing Department. A. 5.4 No addendum will be issued later than forty-eight (48) hours prior to the. date and time for receipt of bids except an addendum withdrawing the request for bids or one which includes postponement of the date of receipt of bids. A. 5.5 Each bidder shall ascertain prior to submitting his bid that he has received all addenda issued, and he shall .acknowledge their receipt on the proposal of this bid EXHIB1T'A' - Page 11 of 122 ARTICLE B INSTRUCTIONS TO BIDDERS B.1 BIDDING DOCUMENTS B. 1.1 Bidders shall promptly notify the Purchasing Director of any ambiguity; inconsistency or error which they may discover upon examination of the bidding documents. B. 1.2 Bidders desiring clarification or interpretation of the bidding documents shall make a written request which shall reach the Purchasi,ng Director at Ieast seven (7) days prior to the date and time for receipt of bids. B. 1.3 Interpretations, corrections, and changes to the bidding documents will be made by addendum. Interpretations, and changes made in any other manner, will not be binding and bidders shall not rely upon such interpretations, corrections and changes. B. 1.4 Insofar as Worker's Compensation:is concerned, the bidder or contractor -agrees to furnish an official certificate or receipt of_the Industrial Commission of Indiana, showing that he has paid into the State Insurance, Fund the necessary premiums, whenever such certificates are required in. the Invitation for Bid. (Section IC 22-3-2-1-4 will apply). B. 1.5 All common construction wage requirements (IC 5-16-7-1) will apply when applicable in the bid. Should common construction, wage be -required, the City will attach that schedule to the bid package. B.2 SUBSTITUTIONS B. 2.1 The materials, products and equipment described in the bidding documents establish a standard of type, function, and quality to be met by any proposal substitution. B. 2.2 Unless -the particular specification prohibits substitutions, bidders are -encouraged to propose materials, products, or equipment of comparable type, function and quality. B. 2.3 Bids for substitute items shall be stated in the appropriate blank or if the bid form does not contain blanks for substitutions, bidders shall attach to the bid on company letterhead a statement of the manufacturer and brand name of each proposed substitution plus a complete description of the item including descriptive literature, illustrations, performance and test data and any information necessary for an evaluation. The burden of proof of the merit of -the proposed_ substitution is upon the bidder. Failure to comply could be grounds for rejection. B.3 DEMO NSTRATIONISAMPLES B. 3.1 If required by the City, the bidders shall demonstrate,the exact models(s) proposed within seven (7) calendar days from receipt request from -the City. B. 3.2 Demonstration should be in the City designated by the Purchasing Director. B. 3.3 If bidder does :not have a model in the Richmond area, it will at the bidder's cost to send appropriate City personnel to the nearest location to view proposed items). B. 3.4 If items being bid are small and mailable and bidder is bidding other than specified, the bidder must supply a sample of the proposed item. B. 3.5 Sample must be supplied on or before the bid opening date. B. 3.6 Samples. supplied as requested will be returned at bidder's expense after receipt of goods. EXHIB1T'A' - Page 12 of 12.2 r BA DATA PRIVACY B. 4.1 Contractor agrees to abide by all applicable local, state and federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and corporations as to inventions, patents, and patent rights. Then contractor agrees to hold the City of - Richmond harmless from any claims resulting from the contractor's unlawful disclosure or use of private or confidential information. B. 4.2 All -laws of the United States .of America, the State of Indiana and City of Richmond are applicable to the products or services covered herein, are made -a part thereof. EXH1BIT'A' - Page 13 of 122 ARTICLE C INSTRUCTIONS TO BIDDERS C.1 BIDDING PROCEDURE C. 1:1 Bids shall be submitted on forms and proposal sheets included with the bidding documents.- . - - C. 1.2 Appropriate blanks on -the form shall be filled in by manually printing in ,ink or'by typing the requested information`. C. 1.3 Any interlineation, alteration or erasure shall be initialed by the signer of the bid.. C. 1.4 Bidders shall not change the bid form nor make additional stipulations on the bid:€orm. If a bidder wishes to amplify or qualify his bid, a statement that additional information is attached shall be made at the appropriate place on the bid form and the amplifying or qualifying information on the bidder's letterhead shall be attached .to the bid form. The City of Richmond may acceptor reject amplified or qualified bids. ti C. 1.5 In case of discrepancy between the .unit prices and the extended'figures; the unit price shall govern unless otherwise provided elsewhere in the specifications; the prices of the bidder shall remain firm throughout the contract period and in any contract extension period. C ,1.6 Each copy of the bid shall be signed by the person or persons legally authorized to bind the bidder to a contract. A bid submitted'by an agent should have a current power of attorney attached certifying the agent's authority to bind the bidder. C 1.7 Bidder to submit bid in triplicate. C.2 BID SECURITY C. 2.1 If so -stipulated in the invitation for bids, each bid shall be accompanied by a certified check, cashier's check or bid bond -executed by a surety authorized to do business in the State bf, Indiana in the amount specified and made payable to the City of Richmond, pledging that the bidder -will enter into a contract with the City on terms stated in his bid and will, if required, furnish bonds as described in the invitation to bid governing the faithful performance of the contract and the payment of all obligations arising. Should the bidder refuse to enter into such a contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the City of Richmond as liquidated damages, not as a penalty'. 'C. 2,2- The City of Richmond: shall 'have the right to retain the bid security of bidders to whom an award is being considered until either (a) the contract has been executed and bonds, -if required have been furnished, or (b) the specified time has elapsed so that the bids may be withdrawn, or (c) all bids have been rejected. r C.3 SUBMISSION OF BIDS _ C. 3.1 The bidder shall assume full responsibility for timelydelivery at the location designated for receipt of bids. Late bids -will not be considered. t C. 3.2 Oral, telephone-, or telegraphic bids. are invalid and will not receive consideration. EXH1B[T'A' - Page 14 of 122 CA BIDDER'S REPRESENTATION C.4.1 Each bidder by making his bid represents that the bidder has read and understood the bidding documents and his bid has been made in accordance therein. C.4.2 Each bidder forservices further represents thatthe bidder has familiarized himself -with the local conditions under which the work is to be done and has correlated his observations with the requirements ofthe bidding documents. C.4.3 Each bidder agrees that he will not discriminate against any employee or applicant for employment because of race, color, religious creed, ancestry, physical handicap, sex or political affiliation, and that he will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to race, color, religious creed, physical handicap, ancestry, sex or political affiliation. C. 4.4 Each bidder shall be responsible for complying with any applicable affirmative action laws. C.2 MODIFICATION OR WITHDRAWAL OF BID A bid may not be modified, withdrawn or canceled by the bidder following the time and date C'• 5.1 designated for receipt of bids and each bidder- so agrees in submitting his bid. C ,5.2 Prior to the time and date designated for receipt of bids, any bid submitted may be modified or withdrawn by notice to the Purchasing Director at the place designated for receipt of bids. C.5.3 Withdrawn bids may be resubmitted up to the time designated for.the receipt of bids provided that they are then fully in conformance with these instructions to bidders. C.3 DELIVERYOF GOODS C.6.1 All delivered goods are to be FOB Richmond, IN, unless otherwise stated in the bid. C.6.2 The City reserves the right to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects, which would make the items unfit for the purposes for which they are required, may be given at any time within one (1)year after discovery of the defects. C.6.3 All items rejected must be removed immediately by the contractor at the expense and risk of the contractor. If the contractor fails or refuses to remove the rejected items, they may be sold by the City and the proceeds used to cover all related expense incurred by the City. 6.6.4 In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishments where they are produced before shipment. C.6.5 The above provisions shall not be constructed in limitation of any rights the City may have under any laws including the Uniform Commercial Code. C 6 6 If applicable, State written approval is required before the release of any Bonds or payments will be made to contractor. EXHIBIT'A' - Page 15 of 122 ARTICLE D INSTRUCTIONS TO BIDDERS D.1 - -CONSIDERATION OF BIDS D -1.1 The properly identified bids which have been received on time will be opened publicly and will be read aloud. The bids are available for inspection after all bids have been read aloud. D.2 REJECTION/ACCEPTANCE OF BIDS D. 2.1 The City of Richmond shall have the right to accept or reject any and all bids. The City of Richmond shall reject any bid not accompanied by the required bid security, and shall reject bids that are incomplete or unsigned. D. 2.2 The City of Richmond shall reject all bids from bidders where there has been collusion between the bidders. D.3 BID AWARD D. 3. 1 It is the intent of the City of Richmond to award a contract to the lowest responsible and responsive bidder meeting specifications provided the bid has been submitted in accordance with the requirements of the bidding documents. The City shall have the right to waive any informality or irregularity in any bid(s) received; to accept or reject the bid(s) which in its judgment is in its own best interest; and to solicit new bids privately and to award to the best bid so received. D. 3.2 Award will be based on the following (where applicable): I._ Adherence to all conditions and requirements of the bid specifications. 2. Total bid price (including any discounts), unit bid price or extended price. 3. General reputation and experience of bidders. 4. Hourly rates for specified personnel. 5. Evaluation of the bidder's ability to service the City. 6. Financial responsibility of the bidder. 7. Prior knowledge of an experience with the bidder in terms of past performance. 8. Needs and requirements of the City. 9. Experience with the products involved. 10. Nature and extent of company data furnished upon request of the City. 11. Quantity of merchandise. 12. Product appearance, workmanship, finish, taste, feel and results of any product testing. 13. Overall completeness of product line offered. 14. Locality in relation to the City, where prompt service may be required. 15. Bidder's ability to meet delivery and stocking requirements. 16. Delivery date. 17. Maintenance cost and warranty provisions. 18. Repurchase, trade-in or residual value. EXHIBIT'A' - Page 16 of 122 D, 3.3 Unless otherwise indicated in the invitation for bids, the City reserves the right -to award the contract in whole or in part, by item, by group of items or by section where such action serves the best interest of the -City. D. 3.4 Bids submitted on an "all or none" basis ' or similar basis will be evaluated magainst the total of the the low bids for the individual items. DA WARRANTIES, GUARANTEES AND MAINTENANCE D. 4.1 A copy of the manufacturer's. warranties and/or guarantees for the items bid must accompany vendors bid. A copy of your company's warranties and/or guarantees for the items bidding also must accompany vendor's bid. D. 4.2 As a minimum requirement of the .City, the vendor will also guarantee, in writing, that any - defective components discovered Within one (1) year period following. the date of equipment acceptance shall be replaced by the vendor at no cost -to the City. D. 4:3 Replacement parts of defective components -shall be shipped to the City of Richmond _ at no cost to the City. . If defective parts are required to be returned to the vendor, the shipping costs shall be borne. by the vendor. EXHIBIT'A' --Page 17 of 122 ARTICLE E. INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE CONTRACT E.1.CONTRACT DOCUMENTS E. 1.1 Nothing in the contract documents shall create any contractual relationship between the 'City and the contractor's - employees, . subcontractors and their agents and employees and any - -other parties furnishing goods- and services to the contractor and their agents -and employees. E. 1.2 The contract documents consist, of the invitation for bids, instructions to bidders, contractor's bid form with attachments, if any, executed contract, conditions of the contract (general, supplementary and other conditions), the specifications, all addenda issued prior to receipt of the bids .and all modifications issued after execution of the contract. A modification is (a) a written or supplement to the contract signed by both parties or (b) purchase release issued by the City or (c) change order. E. 1.3 The contract documents form the contract. This contract represents the entire and integrated agreement between parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. The issue of a purchase order that is in accordance with the specifications represents- a contract. E. 1.4 Should vendor find purchase order to be _incorrect, said vendor must notify .Purchasing Director within twenty four (24) hours of purchase order date. EXHIBIT'A' - Page 18 of 122 ARTICLE F INSTRUCTIONS TO BIDDERS INDEMNIFICATION, INSURANCE, AND PROTECTION OF LIVES AND PROPERTY F.IINDEMNIFICATION F. 1.1 The -contractor shall indemnify and hold harmless the City of Richmond and its officers and employees from and against all claims, damages, losses, expenses, including but not limited to attorneys fees, arising out of or resulting from the performance of the contract, provided that any such claim, damage, loss or expense (a) is attributable -to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than goods, materials and equipment furnished under this contract) including the loss of use resulting -there from, and (b) is caused in whole or in part 'by any negligent act or omission of the contractor, any subcontractor, 'or anyone directly employed, by any of them or anyone for whole acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the City or any of its officers or employees by any employee of -the F. 1.2 contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph G.1 shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the contractor or any sub -contractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. F.2 WORKER'S COMPENSATION INSURANCE F.2.1 For contracts involving performance afwork pursuant to the provisions-of.lndiana Code IC 22-3-2-14 (a) bidders are required to furnish 'a: certificate from the Indiana Worker's Board showing that. such bidder has complied with IC 22-3-2-5, 22-3-5-1 and IC 22-3-5-2. F.3 INSURANCE . F. 3.1 The Contractor shall, as prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect him from the claims set forth below which may arise out of or result from the. Contractor's operations under this Agreement, whether such operations by the Contractor or by any -Sub-contractors or by. anyone who directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. EXHIBIT'A' - Page 19 of 122 _ F:3.'i = (cant.). Coverage Limits - A. Worker's Compensation & Statutory -Disability Requirements B. Employer's Liability $1002000 C. Comprehensive Ge�eral Liability Section 1. Bodily Injury $1,000,000 each occurrence $231000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence- - D. .. = Comprehensive Auto Liability - �• - = - Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each :occurrence $2,000,000 each aggregate s F. Malpractice(Errors & Omissions $1,000,000 per claim, - Insurance $2,000,000 each aggregate ARTICLE G INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE CONTRACT GA PAYMENTS - G.1.'1 The City is not subject to federal excise taxes. Federal Tax Exemption Registry Number Js 35-6001 1 74. '-` The City is not subject to the -Indiana sales and use taxes on the purchase of goods and other materials. Where the contract includes the combination of labor and material, the contractor shall pay the Indiana sales and use taxes on the materials only. . G.2 METHOD OF INVOICING FO,R PAYMENT G.2.1 No contract will be-ofcial for services or materials unless a purchase order has been issued. G-2-2 Contractor shall bill the City: (a) on regular invoice form -giving a complete and detailed description of the goods delivered, including purchase order number; and (b) if the contractor allows a cash discount, the period of time in which the City must make payment to qualify for discounts shall be computed from the date the City received the invoice (completely filled out); or the date the goods are 'delivered and accepted, whichever may be later, and shall be for not less than thirty (30) days and (c) if more than one shipment is made -under the contract, the City will make partial payments on a basis that is agreeable to both parties. Payments under this contract will be made in the manner provided_ by law for payments of G.2.3 claims against the {City. G.2.4 No payment will be made for production overruns in excess -of the quantity ordered by the City (unless with prior written approval). G.2.5 No payment shall constitute. an acceptance of any .goods or services not in accordance with the requirements of the contract. G.2.6 Schedule of values may be used in contractual work. City will so designate if applicable. (See Invitation for Bid Page) a G.3 DAMAGES FOR DELAYED DELIVERY AND/OR CONTRACTUAL SERVICES G. 3.1 In the event. delivery. of completed item or items bid and/or unaccomplished contractual Completion date is delayed beyond ,bidder's specified date, the City of Richmond will assess_ certain damages of 1 o4/da . Certain damages will apply in all cases except the following: In the- event and/or completion of contract shall be necessarily delayed because of strike, injunction, government controls, or by reason of any other cause of circumstances beyond - the control of the contractor, the time of completion of delivery shall be extended by a number of days to be determined in each instance by mutual agreement between the City of Richmond and the contractor. Should there be damages assessed, the City will have the right to deduct the damages from the payment to be made to the contractor. EXHIB1T'A' - Page 21 of 122 INDEX. INVITATION TO BID - Form 96 See Attached Form Notice to Bidders 1 Page Fnvitation for Bid 1 Page STANDARD TERMS AND CONDTIONS Definition A.1 Departments A.2 :. Bidder &Contractor A.3 Estimated Quantities A.4 Addenda A.5 Bidding Documents B.1 Substitutions B.2 Demonstrations/Samples B.3 Data Privacy B.4 Bidding Procedures C.1 Bid Security G.2 Submission of Bids C.3 Bidder's Representation C.4 Modification or Withdrawal of Bid C.5 belivery of Goods C.6 Consideration of Bids D.1 Rejectionl/Acceptance of Bids D.2 Bid Award D.3 Warranties,: Guarantees &Maintenance D.4 .Contract Documents E.1 Indemnification F.1 Workers Compensation insurance F.2 Payments G.1 Method of Invoicing G.2 Damages for Delays G.3 Proposal Sheets . Enclosed Specifications & Plans Enclosed EXHIBIT'A' - Page 22 of 122 CONTRACTOR'S BID. FOR PUBLIC WORK —FORM 96 52414 (R212-13)1 Form 95 (Revised 2013) Prescribed by State Board of Accounts PART 1 "(To be completed for all bids. Please type or print) Date (month- day, year): 1. Governmental Unit(Owner):i 2.. County: ' ...3. Bidder (Firm): = : Address: 1 City/State/Zip Code: 4. =Telephone Number: 5. Agent of Bidder (if applicable): Pursuant to notices. given, the undersigned offers to fumish labor and/or material: necessary to complete the public works project- of - = = (Governmental Unit) in accordance with plans and specifications prepared by and dated . for the sum of The undersigned further agrees to furnish a bond or certified check with this bid for an amount. specified in the notice of :the letting:- 4 alternative bids apply; the undersigned submits a proposal for each in accordance with the. notice. Any addendums attached will be specifically referenced at the applicable page. - If additional units of material included in the contract are needed, the cost of units must be the same as that shown' in the. original contract J accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors,. if any,-shall.*not discriminate against or intimidate any employee, = or applicant for employment, to 'be employed in the .performance of.this contract, with respect to any matter directly or indirectly_ related to employment because -of race; religion, color, sex, national origin or. ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (lfapplicable) !_., _i r A- V -a a a .. "T� s r Awe 4-� A &r x r e 44 4-a 94 � ►% a omigauon io use sieel proaucis mane in the unizea Qotates � IA-,... 0-Av-o Z-). I JAereuy LAV uiy U tau J d1 iu all subcontractors employed by me .for this project will use U.S. steel products on this project if awarded. I understandthatviolationshereundermay result inforfeiture of contractual payments. EXHIBIT'A' - Page 23 of 122- ACCEPTANCE The above bid is accepted this day of , subject to the following conditions: PART 11 (Forprojects of$150, 000 ormore-lC364-12-4) Governmenta I Unit: Bidder (Firm) Date (month, -clay, year): These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. What publicworks projects has your organization completed for the period' of one (1) year prior to the date of the current bid? Completion Contract Amount Class of Work Date Name and Address of Owner 2. = What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner EXHIBIT'A' - Page 24 of 122 3. Have you eve rfailed to_complete any work awarded to you? If so, where and why? 4. List references from private firms for which you have performed.work. SECTION 11 PLANAND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing. proposed work. - (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you -believe would enable the governmental unit to consider your bid.) 2. Please listthe names and addresses of all subcontractors (i.e. persons orfirms outside your own firrh who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work:done by each subcontractor. EXHIBIT'A' - Page 25 of 122 3. if you intend to sublet any portion of the work, state the name and address of each subcontractor, ` equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit inthe event that you subsequently determine that you will use a subcontractor on the proposed project. 4. 'What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate -the prices listed. SECTION 111 CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid- submitted without said financial statement_ as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail -so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. EXHIBIT 'A' - Page 26 of 122 SECTION IV CONTRACTOR'S NON -COLLUSION AFFIDAVIT The undersigned bidder or agent, being -duly sworn on oath, -says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the.price to be bid by anyone at such Ietting nor-toprevent any_person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other -bid and without any agreement, understanding -or combination with any other -person in reference to such bidding. He further says that no person or persons, firms, or -corporation has, have or will receive directly or indirectly, any rebate, fee, gift, .commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER:THE PENALTIES OF PERJURY THAT THE FACTS AND -INFORMATION CONTAINED IN THE FOREGOING BID FOR PULIC WORKS ARE TRUE AND CORRECT. Dated at this day of , (Name of organization) BY ( Title of Person Signing) ACKNOWLEDGMENT STATE OF } ): ss COUNTY OF } Before me', a _Notary Public, personally appeared the above -named and Swore that the statements contained in -the foregoing document are true and correct. Subscribed and sworn to- before me this day of ; My Commission Expires: County of Residence:. EXHIBIT'A' - Page 27 of 122 Notary Public Part of State Form 52414 (R212-13),1 Form 96 (Revised 2013) BID OF (Contractor) . NOTICE TO BIDDERS STORMWATER MANAGEMENT BOARD RICHMOND, INDIANA ' Notice is hereby given that sealed proposals will be received by the Stormwater Management Board of the Richmond Sanitary District of Richmond, Indiana at their office at the Administration Building, 2380 Liberty Avenue of said City on Tuesday, November 12, 2019, at 10:00 A.M. for furnishing the following in accordance with. specifications on file at the Richmond Sanitary District, 2380 Liberty Ave.,. Richmond, Indiana, and in the Office of Purchasing in the Municipal Building, 50 North Fifth Street, Richmond, Indiana. �►�I��.� _�_L•Y ���� ��111 Y� ILI] 10-9 �0AViiA _@04_1� _J_�01LIA 01 8►Y�.WV111 i All proposals shall be properly and completely executed on a Form No. 96 as prescribed by the State Board. of Accounts of the State of Indiana. All proposals submitted shall be accompanied by an acceptable Bidder's Bond, Certified Check or Cashier's check made payable to the Richmond Sanitary District in the amount of 5% of the total bid price. If the bidder is from out-of-state, the Bidder's Bond must be secured by a Surety who is admitted to do business in Indiana. The successful bidder will be required to submit a Performance Bond in the amount of 100% of the bid price and a 100%, Labor and Materials Payment Bond, prior to commencing work. Checks of the unsuccessful bidders will be returned on award of the proposals. Specifications and bid forms may be secured from the Richmond Sanitary District, 2380 Liberty Ave., Richmond, Indiana 47374 or from the Purchasing Office, 50 North 51h St., Richmond, Indiana 47374. All proposals should be placed in a sealed envelope marked "Confidential -Bid Proposal" on outside of envelope. A pre -bid conference will be held October 29, 2019 at 10:0U A.M at Richmond Sanitary District, Administration Building, 2380 Liberty Avenue, Richmond, Indiana. You are strongly encouraged to attend this conference (meeting) as this will be the only one conducted. 1 The Stormwater Management Board of the Richmond Sanitary District of the City of Richmond, Indiana reserves the right to reject any and all bids, parts of bids and re --advertise for same and 'to waive informalities or errors in bidding. Bidder will be required to comply with all applicable Equal Employment Opportunity laws -and regulations, including Section 504 of the Rehabilitation Act of 1983. STORMWATER MANAGEMENT BOARD Greg Stiens Aman Baksh.i Sue Miller Publish Dates: October-13th & 20th, 2019 EXHIBIT'A' - Page 29 of 122 INVITATION FOR BID This -invitation is issued- to establish a contract to supply the City of Richmond with a commodity or service, in accordance with accompanying specifications. Specification For: 2019 MISCELANEOUS STORM SEWER IMPROVEMENTS PROJECT Submit Bids Before. 10:00 a.m. on Day of Bid .Opening to: Stormwater.Management Board Richmond Sanitary District Administration Building 2380 Liberty Avenue Richmond, IN 47374 Bid Opening: Time: 10:0.0 a.m. Date: November '12, 2019 Location of Bid opening: Richmond Sanitary District Administration Buildin 2380 Liberty Avenue Richmond, IN 47374 Bid Bond: 5% (See Section C.2) Performance Bond: 100% (See Section C.2) Labor & Materials Payment Bond: 100% , (See Section C.2) Maintenance Bond: 100%, 12 Months (See Section C.2) Insurance/Workman's Compensation:: YES (See SectionB.1.4 & F.2.1) Common Constructions wages: NIA (See Section B.1.5 & See attached) Bid Form Included:' FORM 96 Schedule of values: YES EXHIBIT'A' - Page 30 of 122 STANDARD TERMS & CONDITIONS ARTICLEA INSTRUCTION TO BIDDERS A. I DEFINITION: A. 1.1 City of Richmond A. 1.2 The City is in Wayne County, a political subdivision of the State of Indiana. A.2 DEPARTMENTS: A. 2.1 The following are the departments that are under Richmond Code 41.02 (h) Central Purchasing: Parks and Recreation, Police, Fire, Sanitary District (Liquid & Solid Waste), Clerk, Attorney, Controller, Purchasing, Planning, Engineering, -and all other City Government units such as Street, Rose View Transit, and the Airport. A. 3 BIDDER AND CONTRACTOR: A. 3.1 A bidder is, a person or entity who submits a bid. A. 3.2 The contractor is the person or entity who enters into a contract with the City of Richmond to furnish goods or services. A.4 ESTIMATED QUANTITIES: A. 4.1 If the quantity set forth in the Invitation to Bid and Proposal is approximate- and represents the estimated requirements of the City for a specified. period of time, the unit price and the extended total price thereof shall be used only as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimate, but the City shall neither be obligated nor limited to any specific amount. The city will, if at all possible, restrict increases to 20% of the estimated quantity and will, if at all possible, restrict decreases to 20% of the estimated quantity. A.S -ADDENDA: A. 5.1 An addendum is a written instrument issued by the City of Richmond prior to the date for receipt of bids which modify or interpret the bidding documents by addition, deletions, clarifications or corrections. A 5.2 Addenda will be mailed or delivered to all who are known by the Purchasing Department to have received a complete set of bidding documents. A. 5.3 Copies of addenda will be made available for inspection in the Purchasing Department. A. 5.4 No addendum will be issued later than forty-eight (48) hours prior to the date and time for receipt of bids except an addendum withdrawing the request for bids or one which includes postponement of the date of receipt of bids. A 5.5 Each bidder shall ascertain prior to submitting his bid that he has received all addenda issued, and he shall acknowledge their receipt on the proposal of this bid EXHIBIT'A' - Page 31 of 122 ARTICLE B INSTRUCTIONS TO BIDDERS _ B.1 BIDDING DOCUMENTS B. 1.1 'Bidders shall promptly notify the Purchasing Director of ariy ambiguity; inconsistency or t error which they may discover upon examination of the bidding documents. B. 1.2 Bidders desiring clarification or interpretation of the bidding- documents shall make a' - written request which shall reach the Purchasing Director at least seven (7) days prior to the date and time for receipt of bids. B. 1.3 Interpretations, corrections, and changes to the bidding documents will be made by , addendum. Interpretations, and changes made in any other manner, will not be binding and bidders shall not rely upon such interpretations, corrections and changes. B. 1.4 Insofar as Worker's Compensation is concerned, the bidder or contractor agrees to furnish an official certificate or receipt of the Industrial Commission of Indiana, showing that he has paid into the State Insurance Fund the necessary premiums, whenever such certificates are required in the Invitation for Bid., (Section IC 22-3-2-14 will apply). B. 1.5 All common construction wage requirements (IC 5-16-7--1) will apply when applicable in the bid. Should common construction wage be required, the City will attach that schedule to the bid package. B.2 SUBSTITUTIONS _ B. 2.1 The materials, products and equipment described in the bidding documents establish a standard of type, function, and quality to be met by any proposal substitution. B. 2.2 Unless the particular specification prohibits substitutions, bidders are encouraged to propose materials, products, or equipment of comparable type, function and quality. B. 2.3 Bids for substitute items shall be stated in the.appropriate blank or if the bid form does not contain blanks for substitutions, bidders shall attach to the bid on company letterhead a statement of the'manufacturer and brand name of each proposed substitution plus a complete description of the item including descriptive literature, illustrations, performance and test data and any information necessary for an evaluation. The burden of proof of the merit of the .proposed substitution is upon the bidder. Failure to comply could be grounds for rejection. B.3 DEMO NSTRATIONISAMPILES , B. 3.1 If required by the City, the bidders shall demonstrate the exact models(s) proposed within seven (7) calendar days from receipt request from the City. B. 3.2 Demonstration should be in the City designated by the Purchasing Director. 1 , B. 3.3 If bidder does not have a model in the Richmond area, it will at the bidder's cost to send appropriate City personnel to the nearest location to view proposed items). B. 3.4 If items being bid are small and mailable and bidder is bidding other than specified, the bidder must supply a sample of the proposed item. B. 3.5 Sample must be supplied on or before the bid opening date. B.- 3.6 Samples supplied as requested will be returned at bidder's expense after receipt of goods. EXHIBIT'A' - Page 32 of 122 B.4 DATA PRIVACY B. 4.1 Contractor agrees to abide by all applicable local, state and federal laws and regulations concerning r - the handling and disclosure of private and confidential information concerning individuals and corporations as to inventions, patents, and patent rights. Then contractor agrees to hold the City of: Richmond harmless from any claims .resulting from the contractor's unlawful disclosure or use of private or confidential information. B. 4.2 All .laws of the United States of America, the State of Indiana and City of Richmond are _ applicable to the products or services covered herein, are made a part thereof. r EXHIBIT'A' - Page 33 ❑f 122 1 ARTICLE C ' INSTRUCTIONS TO BIDDERS C.1 BIDDING PROCEDURE C. 1.1 Bids shall be submitted on forms and proposal sheets included with the bidding documents. C. 1.2 Appropriate blanks on the form shall be filled in by manually printing in ink or by typing the requested information. C. 1.3 Any interlineation, alteration or erasure shall be initialed by the signer of the bid. C. -1.4 Bidders shall -not change the bid form nor make additional stipulations on the bid form. If a bidder wishes to amplify or qualify his bid, a statement that additional information is attached shall be made at the appropriate place on the bid form and the amplifying or qualifying information on the bidder's letterhead shall be attached to the bid forma The City of Richmond may accept or reject amplified or qualified bids. C. 1.5 In case of discrepancy between the unit prices and the extended figures, the unit price shall govern unless otherwise provided elsewhere in the specifications; the prices of the bidder shall remain firm throughout the contract period and in any contract extension period. C 1.6 Each copy of the bid shall be signed by the person' or persons legally authorized to bind the bidder to a contract. �A bid submitted by an agent should have a current power of attorney attached certifying the agent's authority to bind the bidder. C 1.7 Bidder to submit bid in triplicate. C.2 BID SECURITY C. 2.1 if so stipulated in the invitation for bids, each bid shall be accompanied by a certified check, cashier's check or bid bond executed by a surety authorized to do business in the State of Indiana in the amount specified and made payable to the City of Richmond pledging that the bidder will enter into a contract with the City on terms stated in his bid and will, if required, furnish bonds as described in the invitation to bid governing the faithful performance of the contract and the payment of all obligations arising.. Should the bidder refuse to enter into such a contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the City of Richmond as liquidated damages, not as a penalty. C. 2.2 The City of Richmond shall 'have the right to retain the bid security of bidders to whom an award is being considered until either (a) the contract has been executed and bonds, if required have been furnished, or (b) the specified time has elapsed so that the bids may be withdrawn, or (c) all bids have been rejected. C.3 SUBMISSION OF BIDS .'C. 3.1 The bidder shall assume full responsibility for timely delivery at the location designated -for receipt of bids. Late bids will not be considered. C. 3.2 Oral, telephone, or telegraphic bids are invalid and will not receive consideration. EXHIBIT'A' - Page 34 of 122 CA BIDDER'S REPRESENTATION C.4.1 Each bidder by making his bid represents that the bidder has read and understood the bidding documents and his bid has been made in accordance therein. C.4.2 Each bidder for services further represents thatthe bidder has familiarized himself with the local conditions under which the work is to be done and has correlated his observations with the requirements ofthe bidding documents. C.4.3 Each bidder agrees that he will not discriminate against any employee or applicant for employment because of race, color, religious creed, ancestry, physical handicap, sex or political .affiliation, and that he will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to race, color, religious creed, physical handicap, ancestry, sex or political affiliation. C. 4.4 Each bidder shall be responsible for complying with any applicable affirmative action laws. C.2 MODIFICATION OR WITHDRAWAL OF BID A bid may not be modified, withdrawn or canceled by the bidder following the time and date C• 6• 1 designated for receipt of bids and each bidder -so agrees in submitting- his bid. C. 5.2 Prior to the time and date designated for receipt of bids, any bid submitted may be modified or withdrawn by notice to the Purchasing Director at the place designated for receipt of bids. C.5.3 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these instructions to bidders. C.3 DELIVERYOF GOODS C.6.1 All delivered goods are to be FOB Richmond, IN, unless otherwise stated in the bid. C.6.2 The City reserves the right to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects, which would make -the items unfit for the purposes for which they are required, may be given at any time within one (1)year after discovery of the defects. C.6.3 All items rejected must be removed immediately by the contractor at the expense and risk of the contractor. If the contractor fails or refuses to remove the rejected items, they may be sold by the City and the proceeds used to cover all related expense incurred by the City. C 6 4 In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishments where they are produced before shipment. C.6.5 The above provisions shall not be constructed in limitation of any rights the City may have under any laws including the Uniform Commercial Code. C 6 6 if applicable, State written approval is required before the release of any Bonds or payments will be made to contractor. EXHIBiT'A' - Page 35 of 122 1 ARTICLE D INSTRUCTIONS TO BIDDERS ❑A CONSIDERATION OF BIDS D 1.1 The properly identified bids which have been received on time will be opened publicly and will be read aloud. The bids are available for inspection after all bids have been read aloud. D.2 REJECTION/ACCEPTANCE OF BIDS D. 2.1 The City of Richmond shall have the right to accept or reject any and all bids.. The City of Richmond -shall reject any bid not accompanied by the required bid security, and shall reject bids that are incomplete or unsigned. D. 2.2 The City of Richmond shall reject all bids from bidders where there has been collusion between the bidders. D.3 BID AWARD D: 3.1 It is the intent of the City of Richmond to award a contract to the lowest responsible and .responsive bidder meeting specifications provided the bid has been submitted in accordance with the requirements of the bidding documents. The City shall have the right to waive any informality or irregularity in any bid(s) received; to accept or reject the bid(s) which in its judgment is in its own best interest; and to solicit new bids privately and to award to the best bid so received. D. 3.2 Award will be based on the following (where applicable): 1. Adherence to all conditions and requirements of the bid specifications. 2. Total bid price (including any discounts), unit bid price or extended price. 3. General reputation and experience of bidders. 4. Hourly rates for specified personnel. 6. Evaluation of the bidder's ability to service the City. 6. Financial responsibility of the bidder. 7. Prior knowledge of an experience with the bidder in terms of past performance. S. Needs and requirements of the City. 9. Experience with the products involved. 16. Nature and extent of company data furnished upon request of the City. 11. Quantity of merchandise. 12. Product appearance, workmanship, finish, taste, feel and results of any product testing. 13. Overall completeness of product line offered. 14. Locality in relation to the City, where prompt service may be required. 15. Bidder's ability to meet delivery and stocking requirements. 1-6. Delivery date. 17. Maintenance cost and warranty provisions. 18. Repurchase, trade-in or residual value. r EXHIBIT'A' - Page 36 of 122 D. 3.3 Unless otherwise -indicated in the invitation for bids, the City reserves the right to award the contract in whole or in part, by item, by group of items or by section where -such action serves the.best interest of the City. D. 3.4 Bids submitted on an "all or none" basis or similar basis will be evaluated against the total of the the low bids for the individual items. DA WARRANTIES, GUARANTEES AND MAINTENANCE D. 4. 1 A copy of the manufacturer's warranties and/or guarantees for the items bid must accompany vendor's bid. A copy of your company's warranties and/or guarantees for the items bidding also -must accompany vendor's bid. D. 4.2 . As a minimum requirement of -the City, the vendor will also guarantee, ,in writing, that- any defective components discovered within one (1) year period following -the date of equipment acceptance shall be replaced by the vendor -at no cost to the City. D. 4.3 Replacement parts of defective components -shall be shipped to the City of Richmond at no cost to the City. If defective parts are: required to be returned to the vendor, the shipping costs shall be borne, by the vendor. EXHIBIT'A' - Page 37 of 122 i i ARTICLE E INSTRUCTIONS TO BIDDERS GENERAL -CONDITIONS OF THE -CONTRACT E. 1 .CONTRACT DOCUMENTS ' E. 1.1 Nothing in the contract documents shall create any contractual relationship between the City and the - - contractor's employees,, subcontractors and their- agents and employees and any -other partie"s furnishing goods and services to the contractor and their agents and employees. E. 1.2 The contract documents consist. of the invitation for bids, instructions to bidders, contractor's: bid form -with attachments, if any, executed contract, conditions of the contract •(general, supplementary and other conditions), the specifications, all addenda issued prior to receipt of the bids and all : modifications issued -after execution of the contract. A modification is (a) a written, or supplement to the contract signed by both parties or (b) purchase release issued by the City or (c) change order. E. .3 The contract documents form the contract. This contract represents the entire and integrated agreement between parties hereto, and supersedes all prior negotiations, representations or agreements, either written or oral. The ' issue of a .purchase order that is in accordance with the specifications represents a contract.' E. 1.4 5hpuld vendor -find purchase order to be .incorrect, said vendor must notify Purchasing Director within twenty four (24) hours of purchase order date. EXHIBIT'A' - Page 38 of 122 ARTICLE F INSTRUCTIONS TO BIDDERS INDEMNIFICATION, INSURANCE, AND PROTECTION OF LIVES AND PROPERTY F.IINDEMNIFICATION F. 1.1 The contractor shall indemnify and hold harmless the City of Richmond and its officers and employees from and against all claims, damages, losses, expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the contract, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than goods, materials and equipment furnished under this contract) including the loss of use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, or anyone directly I employed by any of them or anyone for whole acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the City or any of its officers or employees by any employee of the F. 1.2 contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone far whose acts any of them may be liable, the indemnification obligation under this paragraph O.I shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the contractor or any sub -contractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. F.2 WORKER'S COMPENSATION INSURANCE F.2.1 For contracts involving performance of work pursuant to the provisions of Indiana Code IC 22-3-2-14 .(a) bidders = are required' to furnish 'a certificate from the Indiana Worker's Board showing that such bidder has complied with IC 22--3-2--5, 22-3-5-1 and IC 22--3-5-2. F.3 INSURANCE } F• .3•1 The Contractor shall, as prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect himfrom the claims set forth below which may arise out of or result from the - Contractor's operations under this Agreement, whether such operations by the Contractor or by any Sub -contractors or by anyone who directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. EXHIBIT'A' - Page 39 of 122 RV (cont.) A. B. C. D. E. F. Coverage Worker's Compensation & Disability Requirements Employer's Liability Comprehensive General Liability Section 1. .Bodily Injury Section 2. Property Damage Comprehensive Auto Liability Section I.. Bodily Injury Section 2. Property Damage Comprehensive Umbrella Liability Malpractice(Errors & Omissions Insurance EXHIBIT'A' - Page 40 of 122 Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $2,000,000 each aggregate. $1,000,000 per claim $2,000,000 each aggregate ARTICLE G INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE CONTRACT GA PAYMENTS G.1.1 The City is not subject to federal excise taxes. Federal Tax Exemption Registry- Number is 35-6001 '174. G.1.2 The .City is not subject to the .Indiana sales and use taxes on -the purchase of goods and other - materials. Where the contract includes the combination of labor and material, the contractor shall pay the Indiana sales and use taxes on the materials only. G.2 METHOD OF INVOICING FOR PAYMENT G.2..1 No contract will be official for services or materials unless a purchase order has been issued. G.2.2 Contractor shall bill the City: (a) on regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number; and (b) if the contractor allows a cash discount, the period of time in which the City must make payment to qualify for discounts shall be computed from the date the City received the invoice (completely filled out), or the date the- goods are delivered and accepted, whichever moy be 'later, and shall be for not less than thirty (30) days and (c) if more than one shipment is made under the contract, the City will make partial payments on -a basis that is agreeable to both parties. Payments under this contract will be made in the manner provided by law for payments of G.2.3 claims against the City. G.2.4 No payment will be made for production overruns in excess of the quantity ordered, by the City (unless with prior written approval). G 2 5 No payment shall constitute an acceptance of any goods or services not in accordance with the requirements of the contract. G.2.6 Schedule of values may be used in contractual work. City will so designate if applicable. (See Invitation for Bid Page) G.3 DAMAGES FOR DELAYED DELIVERY AND/OR CONTRACTUAL SERVICES G. 3.1 In the event delivery of completed item or' items bid and/or unaccomplished contractual Completion date is delayed beyond bidder's specified date, the City of Richmond will assess certain damages of9 00/da . Certain damages will apply in all cases except the following: In the event and/or completion of contract shall be necessarily delayed because of strike, injunction, government controls, or by reason of any other cause of circumstances beyond the control of the contractor, the time of completion of delivery shall be extended by'a number of days to be determined in each instance by mutual agreement between the City of Richmond and the contractor. Should there be damages assessed, the City will have the right to deduct the damages from the payment to be made to the contractor. J EXHIBIT'A' - Page 41 of 122 This page intentionally left blank. EXHIB.IT'A' - Page 42 of 122 2019 Miscellaneous Storm Sever Improvements Project BIDSHEET 9/25/2019 Area No. Description 1 S. 1 6th Street 2 S..23rd Street & S. 'A' Street 3 Southeast Parkway and S. 27th Street .4 Orchard Drive-& Waverly Drive .5 S. 13th Street and Wernle Road 6 S. 11th Street 7 N. 20th Street & Hawkins Road Price $ (Lump Sum) $ (Lump Sum) $ (Lump Sum) $ (Lump Sum) $ (Lump Sum) $ (Lump Sum) $ (Lump Sum) Total Price: $ (Lump Sum) Y have received addendum number(s) , and the prices in this bid reflect these changes/clarifications. Contractor Name Authorized Signature .EXHIBIT'A' - Page 43 of 122 Date t l This pate intentionally left blank.. EXHIBIT'A' -Page 44 of 122 SPECIFICATIONS AND SPECIAL PROVISIONS FOR 2019 Miscellaneous Storm Sew'er Improvements Project September 25, 2019 w N a 10810198 ra STATE OF ,J.HA L Znt� .. Prepared By: City 'of Richmond Richmond Sanitary District (765) 953-7450 EXHIBIT 'A' - Page 45 of 122 This page intentionally left blank. EXHlB1T'A' - Page 46 of 122 H400 ---GENERAL REQUIREMENTS HOOO.01 DEFINITIONS 11000.02 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS HOD 0.0 3 LINES AND GRADES HOOO.04- OBLIGATIONS OF CONTRACTOR, IN GENERAL HOOO.06 PROTECTION OF EXISTING SEWERS, PIPES AND DRAINS, AND CONDUITS HOOD.07 PROTECTION OF EXISTING STRUCTURES HOOO.08 CONNECTIONS TO EXISTING STRUCTURES HOOO.09 PROTECTION AND STORAGE OF MATERIALS AND EQUIPMENT HOOO.10 SAFETY REQUIREMENTS HO O O.1 I AID TO THE INJURED HO00.12 ' SANITARY MEASURES H000.13 INTOXICATING LIQUORS H000.14 ACCESS TO WORK HOOO.15 CLEANING UP H 0 0 0.16 QUALITY OF MATERIALS HOOO.17 QUALITY OF WORKIVIANSFIIP 11000.18 DEFECTIVE MATERIALS OF WORK ' HOOO.19 UNEXPECTED SUB SURFACE CONDITIONS - = H000.20 CHANGES IN THE PROJECT HOOO-21 CHANGE IN WORK H000.22 PARTIAL ESTIMATES HOOO.23 PRE -FINAL AND FINAL ESTIMATES AND PAYMENTS H00O.24 PAYMENT FOR AUTHORIZED EXTRA WORK: ` REDUCTIONS IN PAYMENT FOR. DELETED WORK r H000.25 -THIRD PARTY CLAIMS FOR LABOR, MATERIALS AND DAMAGE H00O.26 MATERIAL HOOO.27 CONTINUING. THE WORK H00O.28 UNFORESEEABLE ABNORMAL AND UNUSUALLY SEVERE WEATHER CONDITIONS (MODIFIED INDOT VERSION) H000.29 ELECTRONIC DOCUMENTS H 10 0 --SPECIAL REQUIREMENTS H.100.01 DESCRIPTION OF WORK H100.02 SPECIAL CONTRACT CONDITIONS H100.03 EXISTING FACILITIES ACCESS H100.04 CONSTRUCTION WATER H100.05 CONSTRUCTION POWER H100.06 UTILITY NOTIFICATION H 100.07 CONSTRUCTION SEQUENCE H100.08 PROJECT PROGRESS MEETING H100.09 OVERRUN OF CONTRACT QUANTITIES H 100.10 SUB SIDIARY WORD EXH[B1T'A' - Page 47 of 122 H 10 0.11 PRE -BID CONFERENCE H100.I2 CONSTRUCTION LAYOUT H100.13 AS -BUILT DRAWINGS H100.14 TIME OF COMPLETION AND LIQUIDATED DAMAGES H100.15 ITEMS TO BE SUBMITTED WITH BID H.100.16 PRE -CONSTRUCTION AUDIO --VIDEO SURVEY H100.17 CONTROL OF GROUNDWATER AND SURFACE WATER H100.18 SANITARY SEWER BY-PASS PUMPING H 100.19 SHOP DRAWING SUBMITTALS H100.20 MAINTENANCE OF TRAFFIC H2O0 -- EXECUTION H2O0.01 PREPARATION H2O0.02 PROTECTION H2O0.03 CONSERVATION OF TOPSOIL H2O0.04 DISPOSAL H300 -- EARTHWORK AND BACKFILLING H300.01 DESCRIPTION OF WORK H300.02 WORD WITHIN RIGHT-OF-WAYS H300.03 WORD WITHIN EASEMENTS H3 00.04 SOIL BORINGS H300.05 BACKFILL H300.06 GENERAL EXCAVATION H3 00.07 EXCAVATION FOR SEWERS 14300.08 COMPACTION H300.09 GRADING H3 00.10 , . MAINTENANCE H400 — SEWERS H400.01 H400.03 H400.06 EXHIBIT'A' - Page 48 of 122 BASIS OF PAYMENT SCOPE ITIONS METHOD OF MEASUREMENT AN D MATERIALS A. Polyvinyl Chloride Pipe (Sanitary and, Storm Sewer) B. Reinforced Concrete Pipe (Sanitary Sewer) C. Reinforced Concrete Pipe (Storm Sewer) D. High Density Polyethylene Pipe (HOPE) (Storm Sewer Only) E. High Density Polyethylene Tubing (HOPE) (Storm Sewer Only) SEWER STRUCTURES A. Sewer Pipe to Manhole Connections (Sanitary) B. Manholes (Sanitary) C. Manholes (Storm) D. Concrete Inlets (Storm) E. Sewer Pipe to Manhole/Inlet Connections (Storm) H400.07 PIPE INSTALLATION A. General B. Rigid Conduit Installation (Concrete Pipe) C. Flexible Conduit Installation H400.08 STRUCTURE INSTALLATION H400.09 TESTING H500 =-LANDSCAPING H500.01 DESCRIPTION OF WORK H500.02 CONDITIONS H500.03 SEEDING H500.04 MAINTENANCE H600 -- CURB, SIDEWALK, DRIVEWAY AND STREET REPAIR H600.01 STREET REPAIR H600.02 CURB AND SIDEWALK REPAIR H600.03 DRIVEWAY REPAIR H700 --ASPHALT PAVEMENT H700.01 RELATED WORK SPECIFICATIONS H700.02 HOT MIX ASPHALT (HMA) H1000 —CONCRETE H1000.01 CONCRETE H1000.02 FORM MATERIALS H1000.03 REINFORCING MATERIALS H1000.04 CONCRETE MATERIALS H1000.05 EXECUTION, H1000.06 QUALITY CONTROL TESTING DURING CONSTRUCTION H1000.07 METHOD OF MEASUREMENT H1000.08 METHOD OF PAYMENT H1100 -- TESTS, GUARANTEES, ACCEPTANCE H1100.01 LOW PRESSURE AIR TESTING H1100.02 VACUUM TESTING (SANITARY MANHOLES) H1100.03 DEFLECTION TESTING H1100:04 ACCEPTANCE/GUARANTEES EXHIBIT'A' - Page 49 of 122 This page intentionally left blank. EXHIBIT'A' - Page 50 of 122 SECTION FI000 GENERAL REQUIREMENTS Ho00.01 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. 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'A' - Page 51 of'122 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. HDoo.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 52 of 122 H000.43 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. HDOO.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. HOOO.UG PROTECTION OF EXISTING SEWERS, PIPES AND DRAINS, AI�1I3 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 EXHlg1T'A' - Page 53 of 122 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. HOOO.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. HOOO.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. 11000.09 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 54 of 122 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. HU04.10. SAFETY REQMREMENTS 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. r 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 XVH, 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'A' - Page 55 of 122 i HO 0 0.11 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. HO00.12 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. HOOO.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. HOOO.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. HOOO.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. I EXH I B iT 'A' - Page 56 of 122 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 anyMaterials 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. HOOO.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. HOOO.IS 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. HO00.19 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 57 of 122 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 HO00.24 of these General Requirements. HOOO.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 HOOO.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. HOOO.21 CHANGE IN ,WORK 1. AUTHORIZED CHANGES IN THE WORD 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 WORD 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 58 of 122 (a) ordered by Owner pursuant to Paragraph H000.21.1; A (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 Directive; 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 r 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.. T'he responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extenf 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 59 of 122 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 H000.21.5.D 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. 11400.22 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. 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 EXHIBIT'A' - Page 60 of 122 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. Plus 4. Equipment rental as defined below. EXHlB1T'A' - Page 61 of 122 B. 7f the work is performed by a Sub -contractor: 1. The Sub-contracto-r'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. HOOO.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. t HOOO.28 UNFORSEEAELE ABNORMAL AND UNUSUALLY SEVERE WEATHER CONDITIONS (MODIFIED INDOT VERSION) 1. 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 EXH[B1T'A' - Page 62 of 122 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 (Dgys) Estimated No. of Unworkable Dam 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 r Any day (permofith) 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. H000.29 ELECTRONIC DOCUMENTS Electronic copies of Bid Plans and Specifications may be provided upon request if they have not already been provided. EXHIBIT'A' - Page 63 of 122 This page intentionally. left blank, - EXHIBIT'A' - Page 64 of 122 SECTION H100 SPECIAL REQUIREMENTS 1110001 ' DESCRIPTION OF WORK The work is located at multiple locations throughout. the City and ' is mainly focused on the installation or replacement of storm inlets and storm sewers. All- surfaces, .including ' but not limited to streets, ;sidewalks, curbs, landscaping and grass shall be restored at the end of the project at each location. H100.02 SPECIAL CONTRACT CONDITIONS Not used on this'project: H10.0-003 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. 11100.04 CONSTRUCTION WATER ,Construction water will be responsibility of the Contractor at.no cost to the owner. 11100.05 CONSTRUCTION POWER The contractor shall be in responsible for his 'electrical power requirements during construction. H100.06 UTILITY NOTIFICATION The Contractor shall notify -all utilities prior to any excavation H1010.07 CONSTRUCTION SEQUENCE A: The Contractor shall schedule his work with the owner when his operation may affect the operation of city emergency vehicles and traffic. EXHIBIT'A' - Page 65 of 122 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 (50 o) 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. H100.12 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 TIME OF COMPLETION AND LIQUIDATED DAMAGES If awarded a contract, the .Contractor agrees to substantially complete and provide all ; items into operation (service) within 150 consecutive calendar. days from the effective date of the: Notice to Proceed and fully complete all work . ready for. final inspection, acceptance and close-out within 30 additional, days ' from the date of -the substantial-' completion. Asphalt may. be placed as soon as feasible after this time frame if it is not available prior to the calculated completion dates. EXH1B[T'A' - Page 66 of 122 If awarded a contract, and ' in the. case the work is not completed either substantially or fully within the above deadlines to the satisfaction of the owner, the Contractor agrees to pay to the owner as liquidated damages the sum of $100.00 per day for each and every successive day, Saturdays- Sundays and Holidays included, after the agreed upon time until the work is completed and accepted by the owner. 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 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 or other -digital storage device. 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 or other digital storage device shall be properly labeled and indexed. An index shall be provided to describe the contents of each DVD or storage device, including stationing, etc describing the location of each recording. H10.0.17 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 orperceived damage, including loss of water or damage of water well equipment, as a result of their dewatering. H104.15 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 EXHIBIT'A' - Page 67 of 122 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 bypass pumping is required. II140.19 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. 11149.20 . MAINTENANCE OF TRAFFIC Streets or, any portion: of a street, including parking, may not be closed without written approval by the Engineer, the Richmond Police Department and the City of Richmond Board. of Public Works and Safety where applicable. A detailed traffic control plan must be, submitted by the Contractor and reviewed by the Engineer before any closure or partial closure can occur. - If the Contractor gets approval to close streets or roads to through traffic for minimum periods of time he must provide proper notice to local occupants of all premises, -police and fire protection authorities and other public authorities' as, applicable. The. Contractor shall so schedule this work that this time is minimum and shall, whenever possible, make suitable provisions for access by local residents, school buses, police and fire emergency vehicles: and mail delivery vehicles. The ' Contractor shall. keep fire hydrants -and other' public utility valves accessible at all times. At street. or'road crossings where the Contractor. is permitted to open cut the trench, the crossing shall be completed, cleaned up, temporary pavement in place, and open to traffic within twenty-four (24) hours from the time the street -.or road is closed to through traffic, unless specific approval is received from the authority having jurisdiction, ' for a .longer period. Then ' it is required- that a street or road be closed to, traffic, the Contractor shall furnish, erect and maintain barricades, suitable an' d sufficient lights ' and other ' lights or reflecting material. at the limits of the Project. Where side -Streets intersect and at other points of public access to the project, the Contractor shall furnish, erect and maintain .advance warning signs and barricades to direct traffic from closed sections. The Contractor shall furnish, erect and maintain detour marking signs on temporary routes, except where same may be furnished by the State or County Highway - D ep artments . r EXHIBIT'A' - Page 68 of 122 Throughout construction, the- Contractor shall furnish, erect -and maintain such lights, signs and barricades as may be required for the protection of any local traffic permitted on the roadway. where the. -improvement ig to be accomplished with traffic maintained, the Contractor shall furnish, erect and maintain lights, signs,. -barricades, temporary guard rails and other traffic control devices, . watchmen and flagmen as may be necessary to maintain safe traffic conditions. whenever it is necessary to divert .traffic from its normal channel into another channel, such diversion shall be clearly marked by cones, drums, barricades' or temporary guardrail. If the markers are left in place at night, suitable lights shall be maintained. All lights, signs; barricades, flagmen, -etc. used for proper traffic -control shall be reflective and in accordance with the latest requirements of the State -of Indiana Department of Transportation, OSHA and the manual on uniform traffic control devices (MUTCD). This page intentionally left blank. EXHIBIT'A' - Page 70 of 122 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 area 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. In 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'A' - Page 71 of 122 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. H200.41- CONSERVATION OF TOPSOIL A. After the area has been cleared of vegetation, strip all suitable topsoil to the depth necessary to provide at least 6" depth of topsoil in areas shown on the drawings to be turfed or planted, without contamination with subsoil. B.- Stockpile in an area clear of 'new construction. C. Maintain the stockpile in a manner which will not obstruct the natural flow of drainage. D. Maintain stockpile free from debris and trash. E. Keep the topsoil damp to prevent dust and drying out.. F. Maintain Silt Fence around stockpiled soil. H200.04 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 72 of.122 SECTION H300 EARTHWORK AND BACKFILLING H300.01 DESCRIPTION OF WORK The Contractor shall perform all excavation and backf fling necessary to complete the Work. This shall include the excavation of earth and rock, removal and disposal of unsuitable material, dewatering, placement of suitable fill and backf ll material and the restoration and final grading for all earth surfaces. Rock excavation shall be considered incidental unless a bid item for rock excavation is included on the bid sheet. H300.02 WORK WITHIN RIGHT--OF--WAYS A. Where the governmental bodies having jurisdiction of the status or right-of-ways have specific specifications relating to the requirement and if these specifications impose further limitation on the work, they shall also be met as the required work standard. B. During all operations of the Contractor in the streets and roadways, the Contractor shall maintain barricades, lights and warning signs as requires by the agency having jurisdiction. H300.03 WORK WITHIN EASEMENTS During construction within any easements, the Contractor shall confine himself to the limits shown on the Plans. He shall notify property owners in advance of moving equipment on easements and . use of the access routes which Will be designed by the Owner. The owner will cooperate in working out the details of access. The -topsoil over the trench shall be removed and carefully replaced upon completion of the work. The backfill of the trench in the easement may be left slightly high to provide for any slight residual settlement. Any trees, shrubs, or bushes removed shall be replaced to the t satisfaction of property owner. H300.04 SOIL BORINGS The Contractor, at their own cost, shall be allowed to complete soil borings to obtain soils information in addition to what has been included within these plans for specifications. H300.05 BACKFILL A. Backf ll in Areas Not Subject to Vehicular Traffic 1. For purposes of this specification, trenches or excavations shall be considered subject to vehicular traffic if all or any portion of the excavation is located within EXHIBIT 'A' - Page 73 of 122 five (5) feet of a roadway, driveway, -parking area or 'alley which- is routinely traveled by powered vehicles. In the event of any question regarding the susceptiblility of an area to traffic, the Engineer's decision shall govern. 2. The trench between the pipe bedding and the ground surface shall be backfilled with standard native excavated material, free of trash, debris and aggregate greater than three (3) inches in diameter. Material shall be deposited with mechanical equipment in such a manner that it will "flow" onto the bedding and not free fall. The Contractor shall consolidate the backfill by the back and forth travel of a suitable roller, wheeled device or other similar heavy equipment until -no further -settlement is obtained. Heavy equipment shall not be used until there is a cover of not less than three (3) feet • over the pipes. To assist in promoting maximum settlement, the surface of the trench shall be left in a slightly rounded condition., Periodical dressing- of the backfill in the trench,,to promote the drainage and safety conditions shall be made during the course of the contract as required or ordered by the Engineer. B . B ackfill in Areas Subject to Vehicular Traffic 1. The trench between the pipe bedding and the surface; which are located, in. areas subject to or possibly subject to vehicular traffic, shall be backfilled with Class I or II materials, deposited in uniform horizontal layers of two (2) feet or less, depending on compaction methods are used. Each layer shall be thoroughly compacted by mechanical tamping. Each layer shall be thoroughly compacted before. the next succeeding layer is placed. 2. when backfill, materials do not contain sufficient moisture to obtain ,proper compaction, in the opinion of the Engineer and/or his representative, it shall be moistened or wetted to within +/- 2% optimum moisture content and as directed by the Engineer and/or his representative. 3. Granular backfill materials shall terminate at a point below finished grade sufficient to allow placement of the permanent surface materials. 4. DensiTy testing of the above backfilled trenches shall be the responsibility of the Contractor and shall be performed at no additional cost to the Owner. Testing shall be performed by an approved commercial testing laboratory. All backfill placed under this section shall be tested in accordance with AASHO-T-99. Density testing shall be performed immediately prior to permanent pavement replacement and after the, upper -level of the compacted aggregate base or temporary pavement is removed to allow paving. When backfill has been placed using vibratory compaction, testing shall be made at the exposed surface one (1) time per location and not less than one (1) test per four hundred (400) feet. All test locations shall, be determined by the Engineer. Should the results of the density_ test show a compaction of less than ninety-five percent (95%) Standard Proctor EXHIBIT'A' - Page 74 of 122 Density, the area(s) represented by such test shall be immediately recompacted to achieve the specified density and at no additional cost to the Owner. 5. In lieu of the Class I or II backfill and mechanical compaction described above, the Contractor may use controlled, low strength flowable mortar. 6. The flowable fill mix shall contain for every cubic yard of batch material, no more than 50 lbs. of Portland Cement, no more than 500 lbs. of Type F fly ash, no more than 500 lbs. of water, no more than 2850 lbs. of sand, and no more than 10% total air. 7. The compressive_ strength of the flowable fill shall not exceed 100 psi @ 28 days. 8. Standards: ASTM D4832, ASTM D6023 H300.06 GENERAL EXCAVATION A. Excavation shall be performed by any practicable method consistent with the integrity and production of the works and neighboring structures, workmen and the public. Topsoil shall be separately removed and stock piled for reuse. B. All excavation, except where necessary to tunnel, bore or jack under roads, railroads, tree roots and other obstructions within the limits indicated on the Plans, may be open cut from the surface. Tunneling or boring under trees shall be considered as incidental to construction and will not be considered as cause for request for additional payment., C. Foreign material or unsuitable foundation material encountered such as wood, boulders, etc., which obstruct the excavation, shall be removed. Such material found at the bottom of the excavation shall be removed and the foundation restored with approved materials. D. The excavation shall be kept dry during work. The Contractor shall provide all materials and provide and operate all equipment necessary to remove all water that may be encountered in the construction, of the project without additional payment therefore. The Contractor shall be responsible for all .damages caused by him due. to inadequate or improper protection. H300.07 EXCAVATION FOR SEWERS A. Trenches shall be excavated to the depth required with allowance for bedding the pipe. The trenches shall be cut wider and deeper at each pipe joint location to provide for properly completing the pipe joint and to relieve the joint of all loadings. EXHIBIT'A' - Page 75 of 122 B. The width of the trench at the top of a rigid pipe shall be sufficient to allow the pipe to be laid and jointed properly and shall provide for a minimum net clearance of 6 inches and a maximum net clearance of 12 inches on each side of the barrel of the pipe and to allow the backf ll to be placed and properly compacted. C. The width of trench at the top of a flexible pipe backf ll shalI be sufficient to allow the pipe to be laid and jointed properly with the minimum net clearance of 12 .inches and a maximum net clearance of 18 inches on each side of the barrel of the pipe. D. Where the conditions of the ground require, or where the work is in close proximity of existing structures, the sides of the excavation shall be securely held by bracing and/or sheeting which may be removed in units when the level of the backfill has reached a point where it is safe to pull the sheeting without disturbing the protected feature. No sheeting, bracing, or other timber shall be left in the excavating upon the completion of the main or other structure, except with the specific review and direction of the Engineer. E. water, sewer, gas, and other utility services disturbed by the Contractor in his operation shall be repaired or replaced in at his own expense. where these services are encountered and are undamaged, they shall be supported and/or protected by the Contractor at his own expense against later settlement and/or damage after backf fling. The Contractor shall consult the agency or the utility f rm having' jurisdiction over any duct line, gas main, etc., which may cross the excavation to determine method of supporting such duct or pipe. Contractor shall coordinate w/ utilities the removal & replacement of all utilities at utilities expense. F. All excavated material shall be piled in a manner that willt not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valves, manhole covers, value boxes, curb stop boxes, Ere and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clean, or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed except as otherwise provided for herein on a temporary basis. G. The Contractor shall take ample precautions to protect all trees and ornamental shrubbery not within the limits of the construction area, or within the constructions area as shown on the Plans to be retained from injury by workmen, equipment or any other agencies connected with the work, including sub -contractors. Such protection shall be provided during progress of the excavating, grading, or other phases of the work as necessary. Such trees or shrubbery shall be surrounded by protective posts or fencing before construction begins, when in the judgment of the Engineer, such precautionary measures are necessary. H. where sheet piling, shoring, sheeting, bracing, caissons, or other supports are necessary, they shall be finished, placed, maintained, and except as shown or specified otherwise, removed by the Contractor. EXHIBIT'A' - Page 76 of 122 I. The neglect, failure or refusal of the Engineer to order the use of sheeting, or sheet piling or steel, or to order the same to be left in place, or the giving or failure to give of any order or directions as to the manner or methods of driving or placing sheeting, sheet piling, bracing, shores, etc., shall not in any way relieve the Contractor of any or all obligations under this Contract. J. The rules of the OSHA and the State Department of Labor with respects to excavation and construction shall at all times be strictly observed. It is the Contractor's obligation to be acquainted with and to use the latest revised code regulations. K. Headwalls, culverts, and drainage systems - filled or damaged by the Contractor during the course of his operations shall be cleaned, relied or rebuilt with new materials to a condition equal to the original state, and of thickness equal to the original structure and to the original line and grade at the Contractor's expense. L. Where excavation has been through' lawn areas, the Contractor shall restore the disturbed area by placing a minimum of six (6) inches of clean topsoil and seeding or sod over the final backfill material. A The Contractor shall remove excess dirt and other construction material from the site of the work and leave the site in a condition equal to its original state. N. The final condition of the streets and roadways shall be subject to the approval of the Engineer. Coordinate pavement repairs if the Sanitary District has plans for repaving. H300.08 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification as indicated below. B. Under Pavements: Compact each layer of material in 6" lifts at 95% maximum density for cohesive material or 95% relative density for cohesionless material, using mechanical compactor to achieve desired compaction. Under no circumstances should a bulldozer or other similar tracked vehicles be used as compacting equipment. C. Lawn or Unpaved Areas: Compact top 6" of sub -grade and each layer of backfill or fill material at 85% maximum density for cohesive soils and 90% relative density for cohesionless soils. H300.09 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transaction areas. Smooth finished surface within specified tolerances, compact with uniform levels or slopes between points where elevations are indicated, or between such points and existing grades. EXHIBIT'A' - Page 77 of 122 B. Finish surfaces free from irregular surface changes, and as follows: 1. Lawn or Unpaved Areas: Finish areas to receive topsoil to within not more than 0.10' above or below required sub -grade elevations. 2. walks: Shape surface of areas under walks to line, grade, and cross-section, with finish surface not more than 0. 10' above or below required sub --grade elevation. 3. Pavements: Shape surface of areas under pavement to line, grade and cross- section, with finish surface not more than %2" above ' or below required sub - grade elevation. H300.10 MAINTENANCE: A. Protection of Graded Areas: Protect newly graded areas from traffic and erosion. Keep free of trash and debris. B. Repair and re --establish grades in settled, eroded, and rutted areas to specified tolerances. EXHIBIT'A' - Page 78 of 122 SECTION H400 SEWERS 11400.01 SCOPE This work shall consist of furnishing and installation of all materials for the sewer system including pipe, manholes and other appurtenances as shown on the plans or as specified herein. Construction of same shall be in accordance with the best generally ' accepted practices as herein described, including performance of all required testing procedures to demonstrate compliance with the plans and/or specifications and the overall -acceptability of the completed work. H400.02 DEFINITIONS A. AASHTO shall mean American Association of State Highway and Transportation Officials, where used in these specifications. B. ANSI shall mean American National Standards Institute, where used in these specifications. C. ASTM shall mean American Society' for Testing and Materials, where used in these specifications. D. AWWA shall mean American Water Works Association, where used in these specifications. E. INDOT shall mean Indiana Department of Transportation 2013 Standard Specifications. H400.03 METHOD OF MEASUREMENT AND BASIS OF PAYMENT A. Method of Measurement: Unless otherwise stated on the bid sheet, the footage of pipe to be paid for will be based on the net length of pipe used, which shall be obtained by multiplying the nominal length of the sections by the number of sections used plus the length of partial pieces of pipe used. When the pipe connects to manholes, inlets, or catch basins, the terminal sections will be field measured to the inside face of the structure. The footage of beveled or skewed end sections of circular corrugated pipe shall be measured along the bottom centerline. Unless otherwise stated on the bid sheet, all structures will be paid for per each. B. Basis of Payment: Unless otherwise indicated on the bid sheet, the accepted quantities of pipe will be paid for at the agreed unit price per linear foot and structures will be paid for per each. All prices shall include all labor, materials, equipment, incidentals, all backfill and trenching, dewatering and shoring necessary to complete the work. 11400.04 MATERIALS All materials shall be of the size and type specified on the plans. EXHIBIT'A' - Page 79 of 122 r H400.05 SEWER PIPE A. Polyvinyl Chloride Pipe (Sanitary and Storm Sewer) 1. Material ` Polyvinyl chloride (PVC) gravity sanitary sewer pipe shall be the integral wall bell and spigot type with elastomeric seal joints and smooth inner walls meeting or exceeding all of the requirements set forth in ASTM D-3034 for pipe diameters 15--inches or less and meeting or exceeding all of the requirements set forth in ASTM F--679 for pipe diameters greater than 15-inches. For diameters 15-inches or less, the pipe shall have a minimum cell classification of 12454-B and for diameters greater than 15-inches the pipe shall have a minimum cell classification of 12454-C; with all pipe having a minimum tensile strength of 34.50 Mpa as defined in ASTM D-1784. PVC sanitary sewer pipe shall have a minimum pipe stiffness of 46 psi for each diameter when measured at 5% vertical ring deflection and tested ,in accordance with ASTM D-- 2412. NOTE: Polyvinyl Chloride (PVQ Ribbed Sewer Pipe meeting or exceeding all of the requirements set forth in ASTM F 949-86a or ASTM F 794 is acceptable. The minimum cell classification acceptable shall be 12454-B as defined in ASTM D-1784. PVC Ribbed J Sewer Pipe shall have a minimum pipe stiffness of 50 psi when measured in accordance with ASTM D-2412 for 8-inch through 18-inch pipe and 46 psi for 21-inch and greater. 2. Joints Flexible gasket joints shall be compression type so that when assembled, the gasket inside the bell will be compressed radially on the pipe spigot to form a watertight seal. The assembly of joints shall be in accordance with the pipe manufacturer's recommendations and ASTM D-3212. The gaskets sealing the joint shall be made of rubber of special composition having a texture to assure a watertight and permanent seal and shall be the product of a manufacturer having at least five (5) years experience in the manufacture of rubber gaskets for pipe joints. The gasket shall be a continuous ring of flexible joint rubber of a composition and texture which is resistant to common ingredients of sewage, industrial wastes and groundwater and which will endure permanently under the conditions imposed by this service. The gasket shall conform to the requirements of ASTM F-477. NO SOLVENT CEMENT JOINTS SHALL BE ALLOWED. EXH1B[T'A' - Page 80 of 122 All field -cutting of pipe shall be' done in a neat manner- as per manufacturer's recommendations and the cut end shall be beveled using a. file or wheel to produce a smooth bevel of approximately 15' and be a minimum depth of one-third the pipe wall. thickness. Field cut pipe will only be allowed to be installed at manholes, at prefabricated tees and wyes, and at the connection of new -sanitary sewer to existing sanitary sewer: ONLY- , SMOOTH EXTERIOR PIPE SHALL BE USED AT .-MANHOLE CONNECTIONS. 3. Fittings Only manufactured- fittings made of PVC plastic having a cell. classification of 12.454-B as defined in ASTM D--1784 shall be used. Tee/Wye service connections for -sewers where existing or proposed grade (to sewer invert) as shown on .plans, exceeds 15 feet shall be heavy wall. Tee/Wye service connections shall be used. on all :new construction.- SADDLE CONNECTIONS SHALL NOT BE ALLOWED FOR NEW CONSTRUCTION. 4. Design The minimum wall thickness for PVC sewer ' lateral -pipe 6-inches in . -'diameter. -shall conform to' SDR-26 and ASTM D-3034. The minimum wall thickness for PVC. sewer pipe from 8-inches to 15-inches in -diameter shall conform to SDR-35 Type PSM as specified in ASTM D-3034. The minimum wall thickness for PVC sewer pipe greater than 15 -inches in diameter shall conform to T-1 as specified in ASTM F-679. 5. Markings The date of manufacture, class of pipe, specification designation, size -of pipe, name or trademark of manufacturer, -and identification of plant/location shall :be legibly marked on the outside of each pipe section in. accordance with the ASTM D-3034. 6. Certification The Contractor shall furnish, upon request, certified reports stating that inspection and specified tests have been made and that the results thereof comply with the applicable Standards. EXHIBIT'A' - Page 81 of 122 B. Reinforced Concrete Pipe (Storm Sewer) 1. Material All reinforced concrete pipe shall be Class III, IV or v in accordance with ASTM C-76, latest edition; wall thickness." "B" or "C," per site conditions and be manufactured from Portland Cement and aggregate as specified herein. 2. Portland Cement Portland Cement for manufacture of concrete pipe and fitting shall be Type I or Type III and shall conform to ASTM C-150. Upon request, the Contractor shall furnish manufacturer's certificate stating the type of cement used in the manufacture of the pipe furnished. 3. Aggregate The aggregate for manufacture of concrete pipe and fittings shall conform to ASTM C-3 3 except that the requirement for gradation shall not apply. Upon request the Contractor shall furnish manufacturer's certificate stating the type of aggregate used in the manufacture of the pipe furnished. 4. Steel Reinforcement Steel reinforcement shall be in accordance with requirements of the applicable table in ASTM C-76. Reinforcement shall extend full into bell or spigot ends for pipes 36--inches and larger and shall extend full into the bell of rubber gasket pipes 12--inches and larger. Elliptical reinforcement shall not be permitted. Longitudinal reinforcement shall be continuous and all reinforcement shall have a minimum concrete cover of I -inch. 5. Lift Moles Lift holes shall not be permitted. 6. Joints Concrete pipe shall be furnished with joints using either concrete bell and spigot or zinc coated steel bell and spigot rings or rubber seal and rings (Anderson Seal, Press Seal, or an approved equal). All types of joints shall have a groove on the spigot for a rubber "0'' ring gasket. Pipe joints using concrete bell and spigot or zinc coated steel bell and spigot rings shall conform to ASTM C-361 except that the gaskets shall be as specified hereinafter. Pipe joints using rubber gaskets shall conform to ASTM C-443. Joints shall be adequate for hydrostatic pressures up to 13 psi (3-0 ft. of head). The joint shall be sealed with a rubber gasket conforming to ASTM C--443 so that the joint will remain watertight under all conditions of service. The steel bell shall be welded to the EXHIBIT'A' - Page 82 of 122 longitudinal reinforcing and a steel skirt (minimum 5-3/4-inches in length and fabricated from 16 gage metal) shall be continuously welded to the inside face of the steel spigot ring and to the longitudinal reinforcement. Profile gasket type joints using a self -lubricated gasket (Forsheda Style 138, NPC Self - Lubricated Gasket for Concrete Pipe & Manhole, or approved equal) on a single offset spigot and formed bell are acceptable. Joints shall be sealed with a profile rubber gasket conforming to ASTM C-443 so that the joint will remain watertight under all conditions of service. Only one style of joint system will be permitted between a manhole run of pipe. 7.- Absorption Limits Absorption of the reinforced concrete pipe shall not exceed 6% of the dry weight. 8. Markings The date of manufacture, class of pipe and specification designation, size of pipe, name or trademark of the manufacturer, and identification of plant shall be legibly marked on each section of pipe per the ASTM requirement. 9. Gaskets The gaskets sealing the joint shall be made of rubber of special composition having a texture to assure a watertight and permanent seal and shall be the product of a manufacturer having at least five (5) years experience in the manufacturer of rubber gaskets for pipe joints. The gasket shall be a continuous ring of flexible joint rubber of a composition and texture which .is resistant to common ingredients of sewage, industrial wastes and groundwater, and which will endure permanently under the conditions likely to be imposed by this service. The gasket shall conform to the requirements of ASTM C- 443 . 10. Sanitary Sewer Lateral Connections Where lateral connections must be made to the RCP sewer, a rubber connector with stainless steel clamp KOR-N-SEAL, Fernco QuikSeal, or equal, shall be used. The connector shall be the sole element relied on to assure a flexible watertight -seal of the pipe. The rubber for the connector shall comply with ASTM C-923 and shall be resistant to ozone, weather elements, chemicals including acids and alkalis, animal and vegetable fats, oils, and- petroleum products from spills. EXHIBIT'A' - Page 83 of 122 The stainless steel elements of the connector shall be -totally non-magnetic Series 305 -stainless steel. The stainless steel clamp shall be capable of sustaining applied torque in excess of eighty (80) inch -pounds. It shall be the responsibility of the Contractor to submit details of the proposed connection for approval. 11. Certification The Contractor shall furnish, upon request, certified reports stating that inspection and specified tests have been made and that the results thereof comply with the applicable Standards. C. Reinforced Concrete Pipe (Storm Sewer) 1. Material All reinforced concrete storm pipe shall be Class III, IV or V in accordance with ASTM C-76, latest edition; wall thickness "B" or `CC" per site conditions and be manufactured from Portland Cement and aggregate as specified herein. 2. Portland Cement Portland Cement for manufacture of concrete pipe and fitting shall be Type I or Type III and shall conform to ASTM C-150. Upon request, the Contractor shall furnish manufacturer's certificate stating the type of cement used in the manufacture of the pipe furnished. 3. Aggregate The aggregate for manufacture of concrete pipe and fittings shall conform to ASTM C--33 except that the requirement for gradation shall not apply. Upon request the Contractor shall furnish manufacturer's certificate stating the type of aggregate used in the manufacture of the pipe furnished. , 4. Steel Reinforcement Steel reinforcement shall be in accordance with requirements of the applicable table in ASTM C-76. Reinforcement shall extend full into bell or spigot ends ,for pipes 36-inches and larger and shall extend full into the bell of rubber gasket pipes 12-inches and larger. Elliptical reinforcement shall not be permitted. Longitudinal reinforcement shall be continuous and all reinforcement shall have a minimum concrete cover of 1-inch. 5. Lift Holes Lift holes shall not be permitted. EXHIBIT'A' - Page 84 of 122 6. Joints Concrete pipe shall be furnished with water -tight joints using either concrete bell and spigot or tongue and groove. The contractor shall follow the manufacturer's - recommendations to provide the water -tight joint. only one style of joint -system will be permitted between a manhole run of pipe. 7. Markings The date of manufacture, class of pipe and specification designation, size of pipe, name or trademark of the manufacturer, and identification of plant shall be legibly marked on each section of pipe per the ASTM requirement. 8. Certification The Contractor shall furnish, upon request, certified reports stating that inspection and specified tests have been made and that the results thereof comply with the applicable Standards. D. High Density Polyethylene Pipe (HOPE) (Storm Sewer Only) I. General All- HDPE pipe shall be considered "flexible" and shall be installed as such. HDPE pipe shall not be. installed where exposed to sunlight unless current material certifications guarantee that it will not be subject to ultraviolet degradation. 2. The drain pipe for the various pipe diameters may be' "Sure-Lok" High Density Polyethylene (HDPE) pipe as manufactured by Hancor of Findlay, Ohio, N-12 High Density Polyethylene Pipe (HDPE) as manufactured by ADS, Inc. of Columbus, Ohio, or approved equal. Bedding shall be Class I or H only as described in ASTM D-2321. 3. Production and Material Standards for HDPE A. Corrugated High Density Polyethylene (HOPE) pipe shall be manufactured in accordance with AASHTO M 294 Type S. Pipe manufactured under this specification shall have a minimum cell class of 335420C in accordance with ASTM D-3350. B. Ribbed Polyethylene pipe shall be in accordance with ASTM F-894 for the specified sizes, meeting the requirements for RSC 1.60. Pipe manufactured under this specification shall have a minimum cell class of. 335420C in accordance with ASTM D-3350. EXHIBIT'A' - Page 85 of 122 C. Smooth wall Polyethylene pipe shall be in accordance with ASTM F-714 for the specified sizes. Pipe manufactured under this specification shall have a minimum cell class of 335420C in accordance with ASTM D-3350. D.- All polyethylene pipe and fittings shall be made from high molecular weight high density polyethylene material meeting the application cell class requirements. All polyethylene material used in drain pipe manufacture shall be virgin resin. 4. HDPE Joints High -density polyethylene pipe shall possess male and female pipe ends or molded HDPE or PVC couplers that allow the construction of overlapping, gasketed pipe joints in accordance with the requirements of ASTM D-3212 for a gasketed joint. The gasket material shall'conform to all requirements of ASTM F1 477. 5. Rejection of Damaged HDPE Pipe and Fittings High density polyethylene pipe and fittings possessing the following defects may be rejected for installation: variations from straight centerline; elliptical shape in -pipe intended to be round; illegible or improper markings as required herein; deep or excessive gouges or scratches on the pipe wall; fractures, punctures, or cracks; damaged or cracked ends where such damage would prevent making a satisfactory joint. 6. HDPE Pipe Markings For high density polyethylene pipe products, each length of pipe shall be clearly marked with the following information as a minimum: manufacturer's name or identification symbol; nominal pipe size; and production/extrusion code. E. High Density Polyethylene: Tubing (HDPE) (Storm Sewer only) 1. 6" HDPE tubing shall be manufactured by Hancor of Findlay, Ohio, ADS, Inc., of Columbus, Ohio, or approved equal, and shall meet all applicable standards of ASTM F40 5. 2. The perforated pipe for subsurface drains shall be installed within the bedding of the pipe trench as indicated on the plans. All manufacturer's recommended installation procedures shall be followed. Due to the nature of the soils, a geotextile fabric sock shall be provided with the pipe when ' recommended by the manufacturer for the given soil. EXHIBIT'A' - Page 86 of 122 H404.46 SEWER STRUCTURES A. Sewer Pipe to Manhole Connections (Sanitary) 1. To connect a sanitary sewer to a manhole, a flexible boot KOR N-SEAL I or 2, flexible connector, cast -in -place Dura-Seal gasket, "A" -lock gasket or an approved equal shall be- used. Connections to an existing manhole shall be a flexible boot seal. 2. If the flexible boot connection is used, it shall be placed in the reinforced concrete manhole base and secured to the pipe .by a stainless steel clamp. Flexible connectors shall conform to ASTM C 923. 3. The cast -in -place inflatable gasket shall conform to ASTM C 923. 4. All connections shall provide for a watertight seal between the pipe and manhole. The connector shall be the sole element relied upon to assure a flexible watertight seal of the pipe to the manhole. 5. The rubber for the connector shall comply with ASTM C 923 and shall be resistant to ozone, weather elements, chemicals, including acids and alkalis, animal and vegetable fats, oils and petroleum products. 6. The stainless steel elements of the connector shall be totally non-magnetic Series 305 stainless steel. The stainless steel clamp shall be capable of sustaining applied torque in excess of eighty (80) inch -pounds. It shall be the responsibility of the Contractor to submit details of the proposed connection to the Owner for approval. Connections not approved by the Owner shall be subject to removal and replacement with an approved adapter. 7. New connections made to any existing structure shall be drilled in the direction of flow and shall be accomplished by coring .entirely through the wall and base of the structure. The connector boot shall be appropriately sized to fit the opening and shall be KOR--N- SEAL@ by NPC, Inc., A-Lok Products, Inc., or approved equal. B. Manholes (Sanitary) I. Manholes shall be constructed in accordance with the ASTM Specifications for "Precast Reinforced Concrete Manhole Risers and Tops", Designation C 478. The minimum wall thickness shall be five (5) inches for manholes four (4) feet in diameter. 2. The precast tops shall be of the eccentric cone type. Precast flat covers shall be not less than eight (8) inches thick and reinforced with two layers of steel with a minimum area of 0.39 square inches per linear foot in both directions in each layer. Precast flat bottoms of manholes shall also be reinforced the same as specified herein for precast flattop. Hoisting lugs or hooks shall be cast in place for handling and setting of the rings. EXHIBIT'A' - Page 87 of 122 Openings of proper sizes and suitable design shall be cast in place for receiving the sewer and/or drop pipes and connections. Adjusting riser rings shall be provided as approved by the Owner. 3. All manhole joints shall be tongue and groove and they shall. be sealed with an O-ring and joint sealer conforming to Federal Specifications SS-S-00210 and similar to "Kent - Seal No. 2" as manufactured by the Hamilton Kent Manufacturing Co., of Dent, Ohio',•- "RAM-NEK" as manufactured by the K.T. Snyder Co. of Houston, Texas, or _ equal. Cracked or damaged barrel joints shall be rejected. All joints shall also have an exterior joint collar. 4. Manhole Steps. Steps shall be provided and manufactured of reinforced plastic and shall be twelve (12) inches wide and one (1) inch square. 5. Manhole Bases. Manhole bases shall be of cast -in -place monolithic concrete or precast concrete. Where sewer lines pass through or enter manholes, the invert channels shall be smooth and semi -circular in cross section and shall be formed directly in the concrete of the manhole base. Changes of direction of flow within the manholes shall be made with a smooth curve with as long as a radius as possible. The floor of the manhole outside the channels shall be smooth and slope toward the channel not less than one (1) inch per foot. 6. No mortar or concrete shall be placed in water, and no water shall be allowed to flow over or against the concrete before it has set for a period of time deemed sufficient by the Owner to prevent damage to the structure. The invert channel through manholes shall be provided and constructed to conform in shape and slope to that of the sewer. All invert channels are 'to have a properly mortared apron on either side, sloped to prevent solids deposition. Changes of direction of flow within the manhole shall be made with a smooth, curve with as long as a radius as possible. 7. Adjusting Rings. Final adjustments in elevation of the frame and cover shall be accomplished by the use of precast concrete adjusting rings conforming to ASTM C 478. Rings shall be of a nominal thickness of not less than four (4) inches. Not more than twelve (12) inches total of adjusting rings shall be allowed for adjustment of the manhole frame and cover to required elevation. A minimum of six (6) inches of adjusting rings shall be supplied for each manhole. 8. All exterior manhole joints shall have a joint collar equal to Macwrap Exterior Joint Sealer, RUBR—NEK External Joint wrap, or equal. Collar shall be a minimum' of 9" wide. 9. Castings. All castings shall be as indicated on the plans and capable of supporting H-20 traffic loadings. All sanitary sewer castings shall have lids with 2 inch high letters indicating "Sanitary Sewer". watertight castings are required on all sanitary sewer structures. EXHIBIT'A' - Page 88 of 122 10. An internal or external rubber chimney seal shall be -installed on all sanitary manholes. A rubber seal extension, to cover additional heights of chimney not covered by the seal itself. The internal and external rubber seal and seal extensions shall be a manufactured by Cretex Specialty Products, NPC Specialty Products Mega -A -Lug (Oni- Flange), or equal. The sleeves shall be extruded from a high grade rubber compound conforming to the applicable requirements of ASTM C923. The bands used for compressing the sleeve and extension against the manhole shall be fabricated from 16 gauge stainless steel conforming to ASTM F 593 and 594, type. Installation of these rubber seals shall be in accordance with the manufactures recommendations. C. Manholes (Storm) 1. Manholes shall be constructed in accordance with the ASTM Specifications for "Precast Reinforced Concrete Manhole Risers and Tops", Designation C 475. The minimum wall thickness shall be five (5) inches for manholes four (4) feet in diameter. 2. The precast tops shall be of the eccentric cone type. Precast'flat covers shall be not less than eight (8) inches thick and reinforced with two layers of steel with a minimum area of 0.39 square inches per linear foot in both directions in each layer. Precast flat bottoms of manholes shall also be reinforced the same as specified herein for precast flattop. Hoisting lugs or hooks shall be cast in place for handling and setting of the rings. Openings of proper sizes and suitable design shall be cast in place for receiving the sewer and/or drop pipes and connections. Adjusting riser rings shall be provided as approved by the Owner. 3. All manhole joints, shall be tongue and groove and they shall be sealed with an ,O-ring and joint sealer conforming to Federal Specifications SS--S--00210 and similar to "Kent - Seal No. 2" as manufactured by the Hamilton Kent Manufacturing Co., of Kent, . Ohio; "RAM--NEI" as manufactured by the K.T. Snyder Co. of Houston, Texas, or equal. Cracked or damaged barrel joints shall be rejected.. 4. Manhole Steps. Steps shall be provided- and manufactured of reinforced plastic and shall be twelve (12) inches wide and one (1) inch square. 5. Manhole Bases. Manhole bases shall be ,of cast -in -place monolithic concrete or precast concrete. where sewer lines pass through or enter manholes, the invert channels shall be smooth and semi -circular in cross section and shall be formed directly in the concrete of the manhole base. Changes of direction of flow within the manholes shall be made with a smooth curve with as long as a radius as possible. The floor of the manhole -outside the channels shall be smooth and slope toward the channel not less than one (1) inch per foot. f 6. No mortar or concrete shall be placed in water, and no water shall be allowed to flow over or against the concrete before it has set for a period of time deemed sufficient by the Owner to prevent damage to the structure. The, invert channel through manholes shall be provided and constructed to conform in shape and slope to that of the sewer. All invert EXHIBIT'A' - Page 89 of 122 channels are to have a properly mortared apron on either side, sloped to prevent solids deposition. Changes of direction of flow within the manhole shall be made with a smooth curve with as long as a radius as possible. 7. Adjusting Rings. A minimum of six (6) inches of adjusting rings are required to make final adjustments in elevation of the frame and cover. Adjustment shall only be accomplished by the use of precast concrete adjusting rings conforming to ASTM C 478. Rings shall be of a nominal thickness of not less than four (4) inches. Not more than twelve (12) inches total of adjusting rings shall be allowed for adjustment of the manhole frame and cover to required elevation. 8. Castings. All castings shall be as indicated on the plans and capable of supporting H-20 traffic loadings. All storm sewer manhole castings shall have lids with 2 inch high letters indicating "Storm Sewer". D. Concrete Inlets (Storm) 1. All inlets shall be constructed of reinforced pre -cast concrete sections with plain joints and 2" extrudable gasket to produce soil tightness (minimum). Inlets shall have tops as shown on the plans. Joints between sewer pipe and inlet walls shall be sealed with grout. 2. Precast concrete inlets shall be constructed in accordance with ASTM Standard C-478. Adjustment to final grade of inlet casting shall be accomplished by utilizing pre -cast concrete adjusting rings. Adjusting rings when required should be sized to adjust to Final Grade by using a maximum of three (3) adjusting rings. Adjusting rings shall be limited to less than one (1) foot of inlet depth. All inlet joints, along with the adjusting rings and top casting are to be sealed with 2- inch extrudable gasket (Kent Seal, Rub'R Nek LTM by Henry Co., or approved equal) to produce soil -tight joint (minimum). 3. Where sewer lines pass through or enter inlets, the invert channels shall be smooth and semi -circular in cross section and shall be formed directly in the concrete of the inlet base. Changes of direction of flow within the inlets shall be made with a smooth curve with as long as a radius as possible. The floor of the inlet outside the channels shall be smooth and slope toward the channel not less than one (1) inch per foot. 4. All castings shall be as indicated on the plans and capable of supporting H-20 traffic loadings. All inlets castings shall be stamped with a picture of a fish and wording similar to "No Dumping -- Drains to River." E.. Sewer Pipe to Manhole/Inlet Connections (Storm) 1. Joints between a manhole or inlet and a sewer pipe may be sealed with high strength, non -shrink grout, a flexible boot KKR-N-SEAL I or 2, flexible connector, cast -in -place Dura-Seal gasket, "A" -lock gasket or an approved equal. All connections shall provide for a watertight seal between the pipe and the manhole. EXHIBIT'A' - Page 90 of 122 2. New connections made to any existing structure shall be accomplished by coring entirely through the wall and base of the structure and sealed using one of the methods above. H400.07 PIPE INSTALLATION A. General 1. This section shall be divided into two (2) classifications -rigid and nonrigid pipe. Pipe materials such as concrete and clay pipe are considered rigid conduits. PVC and HDPE shall be considered nonrigid or flexible conduits. 2. The depths of the existing utilities (gas, water, telephone, etc.) are not shown on the plans unless they are otherwise noted on the plans as "field verified". The contractor should anticipate a certain number of vertical grade conflicts between the proposed sewer and the existing utility based on the depth and size of the sewers, the number of utilities shown on the plans and previous experience. The Contractor shall include the time and expense which is typically associated with this type of conflict in his bid including down time, loss of productivity, mobilization and remobilization but not the cost of relocating the existing utility if that is found to be necessary. 3. Where horizontal and vertical separation from water lines cannot be met (10 ff. horizontal measured from outside edge to outside edge and 18" vertical), the sewer material shall be either ductile iron, SDR 21 PVC or C900 PVC for a distance of 10 ft. on either side of the crossing point. 4. All pipe shall be constructed beginning from the lowest point and shall begin at either a new structure or connection to an existing structure. 5. The Contractor shall certify to the Engineer in writing that the initial starting elevation is accurate and has been verified from at least two (2) benchmarks. B. Rigid Conduit Installation (Concrete Pipe) 1. All rigid conduit for sewer pipe shall be laid to the lines and grades shown on the plans, unless otherwise directed by the Engineer. All rigid pipe shall be bedded in compacted granular material (# 8 Stone) to six (6) inches above the crown of the pipe and placed on a flat trench bottom. All granular bedding material shall be placed in the trench in approximately six (6) inch layers. Compaction shall be accomplished by hand or mechanical tamping or by "walking" the material in. 2-. The laying of pipe in finished trenches shall be commenced at the lowest point, proceeding upstream, with the spigot ends pointing the direction of flow. EXHIBIT'A' - Page 91 of 122 3. The practice of blocking pipe up to grade with bedding material, then backfilling under is prohibited. The entire length of the bed section is to be at proper grade before installing pipe. 4. All pipes and specials shall be carefully inspected before being laid, and no cracked, broken or defective pipe or special shall be used in the work. All pipe shall be carefully inserted in the bell in such a manner that there will be no unevenness of any kind along the bottom half of the pipes and so that there is a uniform joint space all around. 5. All pipe that is field cut shall have the homing=marks reestablished, insuring for proper seating- depths. -Pipes that are field cut shall have the cut ends retapered, by grinding or filing, as close to the original taper provided by the manufacturer as possible. When homing pipe with a spud -bar or other mechanical equipment, other than by hand, place a piece of wood between pipe and tool to prevent damage to bell end -section. 6. Pipe laid in open cut shall have all trench spaces and voids solidly and completely filled with suitable earth materials. from the excavations which shall be thoroughly and solidly rammed into place, unless otherwise specified. The joints shall be constructed as specified. The interior of the sewer shall, as the work progresses, be cleared of all dirt and superfluous materials of every description. Whenever pipe laying is discontinued, the unfinished end of the sewer shall be protected from displacement and cave-in or other injuries. During the process of the laying, care shall be taken to protect both pipes and joints from disturbance, and the trench shalLbe kept free from water until the joints' shall . s have set. All surplus mortar or debris shall be promptly and completely removed from the interior of the pipes. on sewers twenty --four (24) inches in diameter and less, a disc mold or swab attached to a rod sufficiently long to pass two (2) joints from the end of the pipe last laid, shall be continuously worked through as the laying of the pipe proceeds. The. ends of the pipes shall be protected to prevent the entrance of dirt or other foreign substances. Such protection shall be placed at night or whenever pipe laying is stopped for any reason. Suitable plugs designed for use with the pipe material shall be provided and properly secured and used to cap all slants and branches. Pipe end protection and devices shall be included in the prices bid per linear foot of sewer. C. Flexible Conduit Installation 1. Plastic sewer pipe (PVC) and other flexible pipe shall be carefully installed in accordance with the above specification for Rigid Conduit Installation; except where the following paragraphs modify those specifications. 2. The pipe shall be bedded in compacted granular material (# 8 Stone) to twelve (12) inches above the crown of the pipe. All granular bedding material shall be placed in the trench in approximately six (6) inch layers. 1 Compaction shall be accomplished by hand or Mechanical Tamping or by "walking" the granular material in. EXHIBIT'A' - Page 92 of 122 H400.08 STRUCTURE INSTALLATION A. All manholes, inlets and similar drainage structures shall be installed so that the top of the inlet casting and frame (at the lowest point where surface water can enter) is flush with the final ground elevation. B. All structures shall be bedded on a minimum of 6 inches of compacted aggregate consisting of granular or crushed aggregate materials. No structure shall be set on soft or yielding soils. H440.49 TESTING Testing of sewers and manholes shall be. as required in SECTION 1100 of this specification. EXHIBIT'A' - Page 93 of 122 This page intentionally left blank. EXHIBIT'A' - Page 94 of 122 SECTION H500 LANDSCAPING: H500.01 DESCRIPTION OF WORK The contractor shall provide the grading and seeding/sodding, where shown on the plans, where directed by the engineer, as specified herein, and to all areas disturbed as part of this project: H500.02 CONDITIONS Proceed with or complete grading and seeding/sodding rapidly as portions of the site become available, working within seasonal limitations. H500.03 SEEDING A. Seed. Provide fresh, clean, new -crop seed complying with tolerance or purity and germination established by Official Seed Analysts of North America. Provide seed mixture composed or the following mix: It shall be applied at the rate of 170 pounds per acre. Seed mixture R 95 lbs. Ky 31 Fescue 65 lbs. Perennial Rye Grass 10 lbs. Jasper Red Fescue Fertilizer & mulching material; where specified or directed, should be applied in accordance wl ]NDOT 621.05. Seeding Dates shall be in accordance with the following schedule or as specified in the INDOT specifications. B. Topsoil. Topsoil that is available as part of the excavated material shall be removed, stockpiled, and used to backfill the areas to be seeded to a minimum of 6" deep. All grass, weeds, roots, sticks, stones and other debris are to be removed and the seed bed carefully finished and graded by hand raking. Fine grade lawn areas to a smooth, even surface with loose, uniformly fine texture. Roll, rake, and drag lawn areas, remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas which can be planted immediately after grading. If there is a deficiency of topsoil as part of the excavated materials, the Contractor shall provide topsoil from another source at no cost to the owner. C. Fertilizer. Fertilizer shall contain the specified percentages of total nitrogen, available phosphoric acid, and water soluble potash. The weight, name of plant nutrients, and guaranteed percentages shall be marked on the sealed fertilizer container. The fertilizer shall be raked into the seedbed to a depth of 2 inches. Fertilizer to be used: 12- I2-12 at ]. albs. per 1,000 square feet EXHIBIT'A' - Page 95 of 122 1 D. Mulch. Protect seeded areas from erosion by spreading mulch after completion of seeding operations. Mulch shall consist of: a. Dry straw or hay of good quality and at the rate of two and one half (2 V2) tons per acre; or b. Wood cellulose or cane fiber mulch at the rate of one thousand (1,000) pounds per acre; or c. Manufactured mulch materials such as soil retention blankets, erosion control netting, or others that may be required on special areas of high water concentration or unstable soils. when these materials are used, follow the manufacturer's recommendation for installation. The seeded area shall be watered, maintained and patched as directed by the Engineer until the Contractor's work is completed and accepted. within three months after work completion, the Contractor shall be required to correct any defective work, such as bare spots in grass coverage, erosion, gullies, etc. E. water. The contractor shall water the seeded areas at the completion of the sowing/laying and weekly thereafter unless a natural rainfall of V2. inch has occurred within the same time span. The contractor shall assume the cost of the water used and is responsible for securing a water supply. H500.04 SODDING A. Sod. The areas to be sodded shall be those areas which are shown on the plans or as specified in the Detailed Specifications. Sod shall be fibrous, well rooted bluegrass, or other approved sod, with the grass cut to a height of not more than three (3) inches. -Edges of sod shall be cleanly cut, either by hand or machine, to a uniform thickness of not less than one and one half (1 114) inches, to a uniform width of not less than sixteen (16) inches, and in strips of not less than three (3) feet in length. Sod shall be free from all primary noxious weeds as defined by the Indiana State Seed Law. Sodding Dates shall be in accordance with the following schedule or as specified in the INDOT specifications. No sod shall be laid during the months of June, July and August, unless written permission is obtained from the Engineer. B. Topsoil. Topsoil that is available as part of the excavated material shall be removed, stockpiled, and used to backfill the areas to be seeded to a minimum of 6" deep. All grass, weeds, roots, sticks, stones and other debris are to be removed and the seed bed carefully finished and graded by hand raking. Fine grade lawn areas to a smooth, even surface with loose, uniformly fine texture. Roll, rake, and drag lawn areas, remove- ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas which can be planted immediately after grading. If there is a deficiency of topsoil as part of the EXHIBIT'A' - Page 96 of 122 f excavated materials, the Contractor shall provide topsoil from another soured at no cost to the owner. C. Fertilizer. Fertilizer shall contain the spedif ed percentages of total nitrogen, available phosphoric acid, and water soluble potash. The weight, name of plant nutrients, and guaranteed percentages shall be marked on the sealed fertilizer container. The fertilizer shall be raked into the seedbed to a depth of 2 inches. Fertilizer to be used: 12-12-12 a 101bs. per 1,000 square feet- D. Water. Sod shall be watered sufficiently, and otherwise maintained so that it will be in a live, growing condition at the time other items of the contract are accepted, provided the period between placing sod and acceptance is greater than thirty (30) days. The contractor shall assume the cost of the water used and is responsible for securing a water r supply. H500.04 MAINTENANCE Seeded or sodded areas shall be maintained by the Contractor. Settled and eroded areas shall be filled, graded, and re-seeded/re-sodded. Seeding/Sodding will not be accepted unless it is alive and healthy. EXHISIT'A' - Page 97 of 122 This page intentionally left blank. F 5 EXHIBIT'A' - Page 98 of 122 SECTION H600 CURB, ►SIDE i AL I , DRIVE W 4 E AND STREET REPAIR H600.01 STREET REPAIR A. All work -and material shall comply with Indiana Department of Transportation "Standard Specifications" and City of Richmond Standard Street Cut Repair- Details. - where applicable. B. Backf ll aggregate to be clean gravel/or stone/or approved equal. C. Concrete pad shall be at least 6 inches thick for streets other than residential- and airport pavements where pavement is concrete. D. Compact all aggregate material in 6-inch layers to 95 percent standard proctor density. E. All unused material to be removed from site. F. .Asphalt base must equal or exceed present thickness. G. Finish course not required on concrete that has not been resurfaced. H. Concrete thickness to equal or exceed present thickness. I., If permanent paving ;materials are -readily available, resurface all openings- within 20 day of refill. If permanent paving materials are not readily available, resurface temporarily with cold patch within 20 days. Streets must have cold patch or final surface before they can be opened to vehicular traffic. J. All areas. of pavement that have been cracked, broken down, or marked up by equipment during the construction process shall be repaired. In some cases, a complete asphalt surface overlay may be required. I�. Any settlement of -pavement or shoulder is to be repaired for a period of two years after construction. L. No. payment will be made for, street repair beyond the limits shown or represented on the drawings unless agreed to by the Engineer prior to the work being completed. EXHIBIT'A' - Page 99 of 122 H60'0.0CURB AND SIDEWALK REPAIR A. All curb. and sidewalks shall be repaired to their original and/or better condition using Class "A" Concrete 4000 psi/ stone with fiber reinforcement. B: Handicap ramps will ' be paid for as sidewalk square footage unless a specific bid item - for such has been included within.the bid sheet.' C. -No payment will be made for curb or sidewalk repair beyond the limits shown or represented on the drawings unless_ agreed to by the Engineer prior to the work being' completed. H600:03 DRIVEWAY REPAIR A. Driveways are to be poured coordinating with residences, schools, or businesses. The driveways are to remain open_ during school or business hours. If this is not possible a. - temporary entrance will need to be provided for the school or business. B. All driveways, parking areas, and such shall be repaired to their original and\or better condition. - C. Any settlement of surface or pavement is to be repaired for a period of 52* weeks after construction. D. No payment will be made for driveway repair beyond, the limits shown. or..represented on the drawings unless agreed to by the Engineer prior to the work being completed. EXHIBIT'A' - Page 100 of 122 SECTION -H700 ASPHALT PAVEMENT H700801 RELATED WORK SPECIFICATIONS 2013 INDOT Specifications Supplements Section 108 Prosecution & Progress Section 207. Subgrade Section 208 Finishing Shoulders, Ditches &. Slopes Section 210 Final Trimming & Cleaning Section 303 Compacted Aggregate Base, Surface or Shoulders Section 401 Asphalt Pavements Section 402, Hot Mix Asphalt, HMA, Pavement Section 403 Cold Mix Asphalt,. CMA, Pavement EXHIBIT'A' -.Page 101 of 122 H700.02 Hot Mix Asphalt (HMA) Pavement A. The- Indiana Department of Transportation (INDOT) Standard Specifications, Section 402, shall apply with the exceptions as noted. The current version of INDOT Specifications, recurring Special Provisions and Supplemental Specifications are applicable. B. The Design Mix Formula and Mixture Type prepared in accordance with 402.04, shall be based upon the following table and as may be amended from time to time: Mixture Type Type A Type B Type C Design ESAL 200,000 150002000 11,00%000 AADT <49000 45000-309000 >309000 Surface 9.5, 12.5mm 9.5, 12.5mm 9.51, 12.5mm Surface - PG Binder 64-22 64-23 76-22 Intermediate .9.51 12.55 19.0mm 9.5, 12.51 19.Omm 9.5, 12.55 19.Omm Intermediate - PG Binder 64-22 64-23 76-22 Base 25.0 mm 25.0 mm 25.0 mm Base - PG Binder 64-22 64-23 64-24 C. Recycled Asphalt Pavement (RAP)up to 25% may be used as substitute for a portion of the new material required to produce HMA mixtures. While using grater than 15% RAP the PG Binders listed in the above table shall be changed as follows: PG 64-22 to PG 58--28. ; PG76-22 to PG70-28 D. Type D Certification shall include the PG Binder Grade sent to the project. E. Tack Coat per section 902 "Asphalt Materials" in accordance with the latest INDOTSS shall be applied on a clean surface before placing the surface course. All HMA or concrete pavements shall be .tacked at a ratio of no less than 0.03 to 0.08 . gallons per square yard prior to placement of subsequent HMA mixtures. F. Prime Coat: If a prime coat is required on a new or existing compacted aggregated base, all compacted aggregate bases shall be primed at a rate of no less than 0.25 to 0.80 gallons per square yard prior to -placement of subsequent HMA mixtures-. G. All edges shall be saw cut prior to the placement of asphalt pavement or other road patch. EXHIBIT'A' - Page 102 of 122 SECTION H1000 CONCRETE H1000.01 CONCRETE Class "A" Concrete 4000 psi/stone with fiber reinforcement is to.be used. Driveways are to be poured coordinating with residences, schools, or businesses. The driveways are to remain open during school or business hours. If this is not possible a temporary entrance will need to be provided for the school or business. A. Extent of work is shown on drawings and includes the repair of replacement of curbs, roads, alleys, and driveways. It also includes the placement of any structure or reinforcing cradles. Includes toe wall placement at end of flared end section. r B. Codes and Standards: Comply with provisions of - following codes, specifications and standard, except where more stringent requirements are shown or specified: ACI 301 "Specifications for Structural Concrete for Buildings". ACI 318 "Building Code Requirements for Reinforced Concrete". Concrete Reinforcing Steel Institute, "Manual of Standard Practice". C. Materials and Installed, Work may require testing and -retesting- as directed by the Engineer, at anytime during progress of work. Allow free access to material stockpiles and facilities. Tests, including retesting of rejected materials and installed work shall be done at Contractor's expense. H1000.02 FORM MATERIALS: A. Forms for Exposed Finish Concrete: Unless otherwise indicated, construct formwork for exposed concrete surfaces with plywood, metal, metal -framed plywood faced or other acceptable . panel -type materials, to provide continuous straight, smooth, exposed- surfaces. Furnish in largest practicable sizes to minimize number of joints and to conform to joint system shown on drawings. Provide form material with sufficient thickness to withstand pressure of newly placed concrete without bow or deflection. B. Forms for -Unexposed Finish Concrete: Form concrete surfaces which will be unexposed in'finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. 111000.03 REINFORCING MATERIALS: A. Reinforcing Bars: ASTM A 615,. Grade 60 deformed EXH[B1T'A' - Page 103 of 122 . B. Welded wire Fabric: ASTM A 185, welded steel- wire fabric. C. Supports for Reinforcement: Provide supports for reinforcement including bolsters, chairs, spacers and other devices .for. spacing, - supporting and fastening reinforcing bars and welded wire fabric in place. Use wire bar type supports complying with CSI specifications, unless otherwise directed. D. Fiber Reinforcement: Use polypropylene concrete fiber reinforcement for concrete similar to Fabcrete Concrete Design Systems or Engineer Approved Equal. H1000.04 CONCRETE MATERIALS. A. Portland Cement: ASTM C 150, Class "A", unless otherwise acceptable to Engineer. B. Normal Weight Aggregates: ASTM C 33,, and as herein specified. Provide aggregates from a single source for exposed concrete. C. Water: Potable. D. Air -Entraining Admixture: ASTM C 260 E. Available Products: Subject to compliance with requirement, products which may be incorporated in the work include, but are not limited to the following: "Sika Aer": Sika Corp. "MB-vR or MB-AE": Master Builders, "Dorex AEA": W.R. Grace, "Edoco 2001 or 2002": Edoco Technical Products. F. Moisture Barrier: Provide moisture barrier cover over prepared base material where indicated. Use only materials that are resistant to decay when tested in accordance with ASTM E `l 54, as follows: . G. Polyethylene sheet not less than 6 mils thick. H. Non -Shrink Grout: I. Available Products: Subject to compliance with requirements, products which may be incorporated in the work include, but are not limited to the following: J. Non -Metallic: s "Masterflow 713": Master Builders, "Sonogrout": Sonneborn-Contech, "Euco-NS": Euclid Chemical Co. EXHIBIT'A' - Page 104 of 122 1 "Crystex": L&M Const, Chemical Co. "Sure -Grip Grout": 'Dayton Superior Corp. "Horngrout": A.C. Horn. K. Moisture -Retaining Cover: one of the following, complying with ASTM -C 171 Waterproof paper Polyethylene film Polyethylene -coated burlap. L. Design Mixes to provide normal weight concrete with the following properties, and indicated on drawings _and schedules: 4000 psi 28-day compressive strength; unless otherwise specified. M. Slump Limits: Proportion and design mixes to result in concrete slumps as follows: Walls: Maximum 4" Slump Sidewalk and Paving: Between 2-/2" to 3-/2" Slump Curb and Gutter: Maximum 2" Slump or approved by engineer. H1000.05 EXECUTION A. Forms: Design, erect, support, brace and maintain formwork to support vertical and lateral. loads that might be applied until such loads can be supported by concrete structure. Construct formwork so that concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design formwork: to be readily removable without impact. Shock of damage to cast - in -place concrete surfaces and adjacent materials. C. Placing Reinforcement: Comply with Concrete Reinforcing Steel Institute's .recommended practice for "Placing Reinforcing Bars", for details and methods of reinforcement placement and supports, and as herein specified. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. Accurately position, support and secure reinforcement against displacement by formwork, construction, or concrete placement operation. Locate and support reinforcing by metal chairs, runners, bolsters, spacers, and hangers as required. EXH161T'A' - Page 105 of 122 Place reinforcement to obtain at least minimum coverage for concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. Install welded wire fabric in as long lengths as practical. Lap adjoining pieces at least one full mesh and lace splices with 'wire. offset end laps in adjacent widths to prevent continuous laps in either direction. D. Concrete Placement: General: Comply with ACI 304: "Recommended Practice for Measuring, Mixing, Transporting, and Placing -Concrete," and as herein specified. Deposit concrete continuously or in layers of such thickness that no concrete will be place on concrete that has hardened sufficiently to cause the formation of seams or planes of weakness. If a section* cannot be placed continuously, provide construction joints as herein specified. Deposit concrete as nearly as practicable to its final location to avoid segregation. Cold Weather Placing: Protect concrete work from physical damage or reduced strength which could be caused by frost, freezing. actions, or low temperatures, in compliance with ACI 306 and as herein specified. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen sub grade or on sub grade containing frozen materials. Do not use -calcium chloride, salt and other materials containing antifreeze agents or chemical accelerators, unless otherwise accepted in mix designs. E. Finish of Surfaces: Non -Slip Broom .Finish: Apply non -slip broom finish to exterior concrete .platforms, steps and ramps, and elsewhere as indicated. Immediately after trowel finishing, slightly roughen concrete surface by brooming with fiber bristle broom perpendicular to ,the main traffic route. Coordinate required final finish with Engineer before application. F. Concrete Curing and Protection: 1. General:. Protect freshly placed concrete form premature drying and excessive cold or hot temperatures. EXHlB1T W - Page 106 of 122 Start initial curing as soon as free -water has disappeared from concrete surface . after placing and finishing. weather permitting, keep protected against wind and rapid drying for at least seven (7) days. J Begin final curing procedures immediately following initial curing and before concrete - has dried. Continue final curing for at least seven (7) days in accordance with ACI 30.1 procedures. Avoid rapid drying at end of final curing period. 2. Curing Methods: Perform curing,°,of concrete by curing and sealing compound, by moist curing, by moisture -retaining cover curing, and by combinations thereof, and as herein specified. Refer to MOT Section 702.11. for cold weather curing. 3. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete - is still. green and steel -toweling surfaces to a hard, dense finish with corners intersections and terminations slightly rounded. H1000.06 QUALITY CONTROL TESTING DURING CONSTRUCTION: Concrete Testing Requirements: Concrete testing shall be done by an` independent testing company as approve by the Engineer. Concrete testing shall be performed for sidewalks, curbs, driveways, roadways, structures and miscellaneous pours greater than 50 CY. Contractor shall pay for all concrete testing. Concrete testing shall be for compressive strength. H1000.07 METHOD OF MEASUREMENT Concrete will be measured by the square yard for placement to the lines, grades .and dimensions as shown. H1000.08 METHOD OF PAYMENT Payment for- concrete shall be made as. indicated on the bid and as shown on the plans. Payment shall include all materials, equipment; hauling, compaction,, labor and incidentals necessary to complete the work. EXHIBIT'A' - Page 107 of 122 This page. intentionally left.blank. EXH1BIT'A' - Page 108 of 122 SECTION H1100 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. H1100.0.1 Low PRESSURE AIR TESTING A. Air testing procedures shall follow guidelines outlined in ASTM specifications C828, C924, F1417 and/or Uni-Bell B6 for sanitary sewer pipes 24 inches and less in diameter. B. General: 1. Test pipes between adjacent manholes or structures. Test time for air pressure to drop 1.0 psi. (For pipes 4 -in. through 36 in. diameter comply with Table 1) C. Preparation: 1. Isolate pipe section to be tested by plugging each end with'air tight plugs. Plug ends of branches,. laterals, and wyes which are to be included in test section. 2. Brace plugs to prevent slippage and blowout due to internal pressures. 3.. one plug shall have inlet tap or other provision for connecting air supply. 4. Air control equipment shall consist of valves and pressure gauges to control rate at which air flows into test section and gauges to monitor air pressure inside pipe. Pressure meter device shall accurately show PSI to nearest 1/10 of one pound and shall- respond to and record any change in void pressure instantly. Systems which incorporate bladders, hoses, or like for monitoring pressure and which have questionable accuracy will not be allowed. D. Testing: 1. If pipe to be tested is submerged in water, determine height of water above spring line of pipe at each end of test section and compute average. For each foot of water above pipes spring line, increase test pressure by 0.43psi. .2. Add- air slowly to test section until pressure inside pipe is raised to 4.0 psi greater than average back pressure of water that may be over the pipe. EXHIBIT'A' - Page 109 of 122 i 3. After pressure of 4.9 psi (above average back pressure of water) for a minimum of 2 minutes to allow temperature of air to com into equilibrium with temperature of pipe. 4. Determine rate of air lost by time -pressure drop method. a. After temperature stabilized for 2 minute period, disconnect air supply. Allow air pressure to decrease to 3.5 psi. At this pressure, start stopwatch to determine time required for pressure to drop 1.0 psi. Time required for loss of I.o psi is then compared to Table I. b. If time is equal to, or greater than time indicated in table; test shall be acceptable. C. If time is less than time indicated in table., make appropriate repairs and, retest. Table I NOTE I - PRACTICE UNI-B-6-90 NOTE 2 - Consult with pipe and appurtenance manufacturer for maximum test pressure for pipe size greater than 34inches in diameter pipe Diameter, in Minimum Time, min:s Length for Minimum Time, ft Time for Longer Length, s Specification Time for Length (L) Shown, min:s 100 ft 150 ft 200 ft 250 ft 300 ft 350 ft 400 ft 450 ft 4 3:46 597 0.380 L 3:46 3:46 3:46 3:46 3:46 3:46 3:46 3.46 6 5:40 388 0.854 L 540 5:40 5:40 5:40 5:40 5:40 5:42 6:24. 8 7:34 298 1.520 L 7.34 7:34 7:34 7:34 7:36 8:52 - 10:08 11:24 , 10 9.26 238 2.374 L 9:26 9:26 9:26 9:53 11:52 13:51 15:49 17:48 12 11:20 199 3.418 L 11:20 11:20 11:24 14:15 17:05 19:56 22:47 25:38 15 ' 14:10 159 5.342 L 14:10 14:10 11:24 14:15 17:05 19:56 22:47 25:38 18 17:00 133 7.692 L 1700 19:13 25:38 32:03 38:27 44:52 51:16 57:41 21 19:50 114 10.470 L' 19:50 26:10 34:54 49:37 52:21 61:00 69:48 78:31 24 22:40 89 f 11674 L 22:47 34:11 45:34 53.58 68:22 79:46 91:10 102:33 . 27 25:30 86 17.306 L 28:51 43:16 57:41 72:07 86:32 100:57 115:22 129:48 30 28:20 - 80 21.366 L 35:37 53:25 71:1.3 89:02 106:50 124:38 , 142:26 160:15 33 31:10 72 25.852 L 43:05 64:38 86:10 107.43 129:16 150:43 172:21 193:53 36 34:00 66 30.768 L 51:17 76:55 102:12 128:12 153:50 179:29 205:07 230:46 . H1100.02 VACUUM TESTING (SANITARY OLES) A. General: 1. Test manholes as recommended by manufacturer. All sanitary -manholes shall be tested for leakage/air tightness. 2. -Provide equipment such as pumps, gauges, regulators, hoses, pipe plugs, and manhole frame plugs, necessary to perform air tests of manholes. Equipment configuration shall be such that there are no valves on or along air line EXHIBIT'A' - Page 110 of 122 . r between measuring point at manhole and pressure transducer, or sensing device located in control unit on surface. Amount of pressure being exerted on joint shall be readable above ground pressure. gauge. 3. Accuracy and calibration of pressure sensing/monitoring system shall have been certified by reliable testing firm within six-month period preceding use of equipment. Proof of -certification shall be submitted. 4. Test sanitary manholes only. B. Equipment: L Pressure meter device shall accurately ' show PSIG to nearest 1110 - of one pound and shall respond to, and record any change in void pressure instantly. 2. Systems- which incorporate bladders, hoses, or like for monitoring pressure and which have .questionable accuracy will not be allowed. C. Testing -Procedure: I . Test in accordance with ASTM C1244 2. Test by isolating manhole to be tested. 3. Draw vacuum of 10 in. of mercury (5 PSIG or 0.03 Bar) within manhole. 4. If required vacuum pressure cannot be developed, manhole shall have failed test. Manhole being tested will also have failed if pressure drops more than I" mercury in 60 seconds. 5. Failure of manhole indicates need for sealing. Seal 'in accordance' with manufacturer recommendations. 6. Retest until satisfactory results obtained. 1100.03 DEFLECTION TESTING -A. Pipe deflection testing shall be performed on all solid wall and profile wall PVC or HDPE sanitary sewer and storm sewer piping greater than 8 ,inches in diameter. This, shall be done in the presence of the Engineer. B. Pipe deflection testing shall be preformed no sooner than 30 days after backfzlling and compacting to final grade using a 5 %o mandrel. EXHIBIT'A' - Page 111 of 122 C. Pipe is considered to .have passed deflection test if mandrel can -be drawn through pipe system without the aid of a mechanical device. D. Pipe systems that fail .the deflection test shall be dug up and repaired at the contractor's expense. 1100'004 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 an'd 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 112 of 122 ❑ � ❑ ac 7 U) w J U) Z W J U) u] Od xLJLJ W coo cr) ¢ w C) �r C) W r- CN! W Cf r r N U) (2 1. Z 1 Z 1 z 1 Z 1 Z 1 Z 1 Z z D Q = [I3 r CL M a. 12- LO Lt. CD CL r,% ❑ .__I .N U ¢N W dd� W W LL] O F- 5 0 0 0 d Q Q Q O O t-- N ce) -.I- LC] CD 1� Cd Q] 0 Z r�*r�rrrrrr ■ram' r� rr '� U w U cn :�: W 0 cwi� o Q�� HOZ Q C/) � �U w O ZO ry OF) n =0 off U N Z z .N (] w v UH �'m vF0 0= vaU ;-AU �o M�� n •N •ice •N .a co ti qt � -f.a A W ,� d ea � - '� Z �c `f ¢o¢�g v � (0 z 0 i4 w 0 "' } o :3N z� oJ¢w❑g-- d �p�� � ,? � o gip^ C3 •�.a -A py aVi y Q '4' •' •� f!3 R, z=0 CO Wit ZW a>,z¢C Z j<--iw zwzf-�C wmxz� C �wz C:v2n' WZ Uv�w •� •N W �+ _� ?��u�a 7i[C��d ��rEUda Uc�voG0. 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Wgm- ❑ }Nim. za2 LL, �$r* �w�NioJ -ti �.:rpo ��y� '6F YG^ORB�093 . W0 IA wO11mlssw 9W4 rrr (Y7VMoHh y a� a� a9v�u�"ffl�pd�`1Lfl�/.. LLI l �aFZ Y a yzaLtu �ma�w�a �vW iv.e Un [Y f4 r to to ti 46 - Page 122 of 122 2019 Miscellaneous Storm Sewer Improvements Project BID SHEET 9/25/2019 Area No. Description S, 16th Street 2 S. 23rd Street & S. W Street 3 Southeast Parkway and S. 27th Street Orchard Drive & Waverly Drive -5 S. 13th' Street and Wemle Road S S:1 I th Street 7 N. 20th Street -& Hawk -ins Road Price $ 8,933.00 (Lump Sum) $ 74, 987.00 (Lump SuM) 36,801.00 (Lump SUM) $ 25, 307.00 (Lump Sum) $ 15,114.00 (Lump Sum) 9,793.00 (Lump Sum) 18, 324.00 (Lump sum) Total Price: $ 89,259.00 (Lump Sum) Y have received addendum number(s) . None , and the prices in this bid reflect these changeslclarif[cations. Guly Contracting Authorized Si ature EXH1BIT'B' - Page 1 of 17 11.' 12--19 Date Pori of S#ate Form 5241 (R2 / 2-13) / Form 98 (Revised 2013) BID OF Guly Contracting (Contractor)' _5 Industrial Park. Drive, P.O. Box 29 Winchester, IN 47394 FOR PUBLIC WORKS PROJECTS OF City of Richmond - , 2019 Miscellaneous Storm Server Im rave eats Project F Filed o e e r . Action Taken _ EMOTE'- Page 2 of 17 State Form 52414 Prescribed b, the State Board of Accounts Form No. 96 'ised.2013) CONTRACTORS BID FOR PUBLIC WORKS — FORM 95 PART I (Ta be completed for all bids. Please type or print) Date: November 12, 2919 1. Governmental Unit (Owner): Cfty of Richmond 2. County: Wane 3. Bidder (Firm): Culy Contratin Address: 5 Industrial Park Drive City/State: Winchester IN 47394 4. Telephone N umber: 765-584-8509 5. Agent of Bidder (If applicable): Pursuant to notices given, the undersigned offers to'furnish labor and/or material necessary to complete the public works project of Cily of Rich on d (Governmental Unit) in accordance with the plans and specifications, pfepared City of Richmond or 2019 Miscellaneggs-St6b Sewer ImpLgvements Proiect and dated October 2019 or the sum One Hundred Eighty Nine ThQt isand Two Hundred Fiffy Nine and 00/100 dollar $189 259.00 The undersigned further agrees to furnish a bond or certified check with this bid -for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with -the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units -of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religiori, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (if applicable) 1, the undersigned bidder or agent as a contractor on a public works project, understand,my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2)1 1 hereby certify that 1 and all subcontractors employed by "me for this project will use U.S. steel products on this _project if awarded. I understand .that violations hereunder may result in forfeiture of contractual payments. I EXHIBIT 'B' - Page 3 of 17 ACCEPTANCE The above bid is accepted this day of , subject to the toliowin-a conditions: Contracting Authoritv Members: PART 11 (For projects of $100, 000. or more -- IC 30-1-12--4) Government Unit: City of Richmond Bidder (Firm) Culy Contractin Date: November 12.2019 These statements to be submitted under oath by each bidder with and as a park of his bid. Attach- additional pages for -each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. , What public works projects has your organization completed for the period of one (1) year prior to the'date of the current bid? Contract Amount Class of Work Completion Date Name & Address of owner 252 790.00 Manhole Rehab Se t 2018 Town of Monroe 25 00000 Sanitary Sewer Jul 2018 City of Lawrence 480 000.00 Wastewater Treatment June 2018 Town of Redke 245i000.08 1 Storm Sewer Ma 2018 City of Winchester 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Name & Address of Owner Completion Date 29fi 871.00 Sewer Rehab Julv 2019 Cit- of Greenwood 405,566.00 Waterrnain June 2019 City of Greenfield 289 060.00 Watermain dune 2019 City of Greenville 35fi 749.00 Water Services June 2019 City of Greenville EXHIBITS'- Page 4 of 17 3. Have you ever failed to complete any work awarded to you? No If sc, where and why? 4. List references from private firms for which you have performed work. CKC,.Inc. General Contractors, Cardinal Ethanol LLC. Indiana_ American Water Company, E & B Paving, Musko f Farms Browning Investments Romary Associates SECTION 11 PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan to layout for performing proposed work. (Examples could include a narrative of when you could begin v�ork, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider you bid.) As per plans and specifications as set forth by the engineer. 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. See Attached List 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please. understand a listing must be provided prior to contract approval. 'Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. What .equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. See Attached List 5. Have you entered into contracts, or received offers for all materials which substantiate the prices used in preparing your proposal? It not, please explain the rationale used which would corroborate the paces listed. Yes SECTIM III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted 'without said financial statement as required by statute shall thereby be rendei"ed invalid. The financial statement provided hereunder to the governing body awarding the contract -must be specific enough In detail so that said governing body can make a proper determination of the bidder's capability for completing the project if -awarded. - EXHIBIT'B' - Page 5 of 17 r SECTION IV CONTRACTOR'S NON -- COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says -that.he has not, -nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination,. collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or,combination with any other person in reference to such bidding. He further says that no person or persons, firms, ,or corporation has, have or will:receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such -tale. SECTION V OATH AND AFFIRMATION I HEkEBY"AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR .PUBLIC WORKS ARE TRUE AND CORRECT. Dated at .10:0o A.M. this 12tht day of November, 2019 Culy Contracting. (Name -organization) By y _P Vica EMiden - (Title of Person Signing) ACKNOWLEDGEMENT - STATE OF Indiana }ss COUNTY OF Randolph Before -me, a Notary Public, personally appeared the above -named Chri CUI and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 12th, day of -November, 2019. Notary Public My commission expires: 12/09/22 , County of Residence: _ Randolph o�PRY P�STEPHEN HINKLE, 09ta_ry Public SEAL Randolph County, State -of Indiana Icy Commission Expires December 9, 2022 ND I A� EXHIBITS'- Page 6 ❑f'17 A904 MIDAS September 25, 2019 Re; Authorized Signatures To Whom It May Concem. - The following hereby have authorization to sign on behalf of the ,Midas lndland Office; : Midas Midwest, LLC dba Culy Contracting. Harne Office ' Pierre -Luc Chicolne Chief financial Officer Chris Culy Vice -President of Operations Doreen Culy.- Vice -President of Administration WITNESS MY -HAND AND hiOT4RlAi� SEAL, this 25 th flay of Septe er , 2019. My Cornmission:Expires. _ 12/0912022 Ste en Hinkle, Notary Public Residing in - gand_o1ph_ County, in the State of Jnd Lana-- Respectfully, - QY p���. STEPHEN HINKLE, Notary Public � �, SEAL Randolph county, State of Indiana Commission Expires December 9, 2022 Pierre -Luc Chlcoine Chief Financial Officer INDIANA OFFICE 5 Indusiriol Parti.arlwe - P.0 Box '29 .Wirldiesler.111 47.394 P. 75584.85ay CORPORATE OFFICE - 9200 Edgewor'sn Drive - Qaplt.ol Heights, MD'20743 P: 301 474.4888 EXH1B[T'B' - Page 7 of 17 Subconfraclors 141 fwifie Indian a Form 96 (-Pev, 2005) ABC Cutting'Contractors, Inn. 800-327-3237 5230 Commerce Circle Drive Indianapolis IN 46,237 Ace Paving 31 7-867-0062 16211 Montrose Lane Westfield IN 46074 Affordable Paving Compiany 5.13-420-0107 1755 S University Blvd Middletown CH 45044 -Aker Taylor Plumbing & Heating 260-726-9789 206 w Main Street -Portland IN 47371 F Alan woods Trucking 513-738.3314 3592 Herman Road Hamilton OH 45013 - All season Construction LLC 76.5-857-2528 105 Camden Street Ridgeville IN 47380 Alt & witzig Engineering, Inc. 317-875-7040 4105 w 99th Street Carmel IN 46032 AMB- Craver Plumbing, inc. 765-288-3303 P 0 Box 308 Muncie IN 47308 Anderson Quality'Concrete 317-758-0924 .3910 w 254th Street ,Sheridan IN 46069, Apex Paving & Excavating 317W'842-0701 10101 N Hague Roach Indianapolis IN 46256--3312 EXHIBIT'B' -, Page 8 of 17 8'erry Electric I n� . 317-933-243 7 1698 W 750 S Trafalgar IN 46'181 Bloom Paving Inc. 317-431-8339 -P O 'Box 74 LapolIN 46051 t Brooks, Construction Company, inc. 260-478-1990 P 0 Box -9560 .Fort Wayne IN 4.6899 Bruns Building & Development frig, 419-925-4078 1429 Cranberry Road S t- Henry OH 45883-9 749 Calumet Asphalt Paving Co, Inc. 317-769.1900 1 5265 E 96th St - Indianapolis IN .46240 C B K Enterprises. Inc. 260-312-3397 Po Box9159 Fort Wayne IN 46899 Central.Paving of Indianapolis LLC 817-281-9884 PO Box40 . FortAlle IN 46040 Chambers Painting Company 765-966-1742 98 S W First Street Richmond IN 47374 Complete' Masohry Service, Inc, 765-759-8966 4631, S 700 W, PO .Box 236 Yorktown IN 47396 Culy Transport Inc. 7.65-584-52o4 -P 0 Box 109, -Winchester IN 47394 . Daystar Directional-Dr'illing Inc, 317-778'-7455 28923 Cumberland Road Atlanta IN 46031 EXHIBIT'B' - Page 9 of 17 Glenn Tree Service 765-584-27 t 3 212S300w Winchester IN 47:374 Globe Asphalt Paving (;o,; Inc. 3I 7-568-4344 6445 E 30rh S f;�P 0 Box 1.9168 Indianapolis IN 46219 Gullett Farm Drainage, Inc, 765-584-4901 600 Browne, St - Winchester IN 47394 Hall's Dump Trucking & Excavating 7,65-853-5098 3928 W 600 S Lynn IN 47355 Hilltop Tree- & BUcket Trk Service 260=352--2427 8847 South Hill Drive Silver Lake IN 46982 l nsituforrn Tech n o:l og ies USA, Inc, 888-881-0039 Bonk of America Leckbox Area - 4rh Floor Box 502657 .J & D Trucking 765-468-8398 5514 8 00 W - Farmland IN 47340 Jones Electric Service, LLC 317-75846$7, 12622 E 700 S Sheridan N 46069-9448. R Knox Trucking, Inc.' 765--962-5114 5820 St Rt 121 Richmond IN 47374 Lan -con Electric 260-492-0288 1.48 E Collins Drive Fort Wayne IN 46825 LICA- Construction . Corp 260--334-5312 P 0 Box 372 Berne IN, 46711 EXHIBIT U - Page 10 of 17 Patriot Engineerin' g 317-5.76-8058 6330 E 75 th S t, Ste 216 Indianapolis IN 46250-2700 Perfect 0rcuit Electric 765-914-5051 6936 Arta Pike Richmond IN 47374 Perry Well Dr[Iling Inc, 65-642-7105 494.6 St Rd 32 Nest ' Anderson IN 46011 Poindexter Transport Inc. 317-823-837 , P 0 Box 36399 Indianapolis IN 416236-0399 - Procisibn Control Systems of Indianapolis - 7225 Girls School Ave 317-484-573 1 Indianapolis IN 46241 Ramseyer Excavating, Inc. 765-72&5571 4371 w 900 S Poneto IN 46781 RCM Excavating LLC 765-286-1652 7779 W 850 N' Gaston IN 47342 R & S Seaver Cleaning Inc. 317-241-0006 P G ,Box 51706 Indianapolis IN 46251 Snuffy's Trucking LLC 937-456-1660 2814 Eaton Gettysburg Rd Eaton OH 45320 S & K Landscape 765-728-0007 6851 N 100 E Hartford City IN 47348 SRT Trua ing 937-338-5123 12984. Cochran Rd Rossburg OH 45362 EXHIBIT'B' _ Page 11 of 17 CONSTRUCTION REVENUES EARNED COST OF REVENUES EARNED GROSS PROFIT GENERAL AND ADMINISTRATIVE EXPENSES OPERATING INCOME OTHER INCOME (EXPENSE) NET INCOME (LOSS) CULY CONTRACTING, LLC INCOME STATEMENT December 31, 2018 J EXHIBIT'B' - Page 12 of 17 2018 Percent Amount of Sales $ 21,376,517.27 ;100.0 % 15#4990002.62 86.5 $ 2,877,614.65 13.5 *% 2,829,862.99. 12.3 S 247,751.66 % _(1051198.24) (0.5) $ - 142,553.42 0.7 % CULY CONTRACTING, LLC BALANCE SHEET - December 31, 2018 ' ASSETS Ir CURRENT ASSETS $ 10,555,108.51 PROPERTY AND EQUIPMENT i0,555,108.51 OTHER ASSETS 3,CM043.39 $ 24,5741,438,09 LIABILITIES AND SHAREHOLDERS' EQUITY CURRENT LIABILITIES $ .2.423,902.77 OTHER NONCURRENT LIABILITIES 3,564-464.63 SHAREHOLDERS' EQUITY . 21,009,973.46 ti $ 24,574,438.09 EXHIBIT'B' - Page 13 of 17 CULY CONTRACTING, INC. BALANCE SHEET DEC -EMBER 31, 2017 AND 2016 .ASSETS CURRENT ASSETS Cash Accounts receivable - trade (Note 2) Costs and estimated earnings in excess of billings on uncompleted contracts Inventories Ern*yec advances Equipment deposit, Prepaid expenses PROPERTY AND EQUIPMENT .and 'Land improvements Buildings Equipment Small construction equipment Less accumulated depreciation 2017 ..2016 41y3U1L ID IVV,3j1 3;9831786 .31527,669 1,339,086 17418,260 . 624,300 514,549 4,558 279 21000 2,000 142 775 61372,944 $ 5 564 069 . - s $ 993546 $ 993946 95,420 95,420 4881904 888,904 12,164,243. 10,768,957 5392952 377,991 $ 13,7882465 $ 12,2317218 {91098,4151 _ (7,693,924� ,$ 4,690,054 , $ 41537,294_ $ 111062,994 $ 10,101.1363 See Independent Accountant's Review Report and accompanying Notes to Financial Statements. EXH[B1T'B' - Page 14 of 17 CULY CONTRACTING, INC. INCOME STATEMENT DECEMBER 31, 20.17 AND 2016 2017 2. 2016 Percent Percent Amount of Sales Amount ;of Sales CONSTRUCTION REVENUES EARNED $ 2170437452 100.0 Ala $ 19,791,030 100..0 % COST OF REVENUES EARNED 17,470,052 83.0 - 17L13:405 . 86.5 GROSSPROFIT $ 31573,400 17.0 % $ 21667,625 -13.5 % GENERAL AND ADMINISTRATIVE (EXPENSES /19341411 9.2 127579326 8.9 OPERATING INCOME $ - 116381987 7.8 % 9.10,299 4.6 % OTHER INCOME (EXPENSE) Miscellaneous income $ 46,345 0.2 % $ 467826 0.2 % Interest expense (167,286) (0.8) (178,429)_ J0.9) Gain on disposal of assets- 152,1473 0.7 199 ZS4. 1.0 $ 3111,532 0.1 % $ 67,68I 0.3 % NET INCOME $ 196703519 7.9 °la Z ' 977,980. 4.9 % See independent�Accountant's Review Report and accompanying dotes to Financial `Statemcnts. EXHIBIT'B' - Page 15 of 17 Cully Contracting, Inca Cul ly Tmnsport, Inc. Eqpipment List MACS 3 420D, 420E CAT BACKHOE I D4K XL CAT DOZER 3 D5K XL D5K2 D5G XL CAT DOZER 2 32 1 CLCR CAT EXCAVATOR 8 3 I4CLCR CAT EXCAVATOR I 315F CAT EXCAVATOR 5 308C CR AND 308 E2 CAT EXCAVATOR 3 3 04ECR CAT EXCAVATOR I 924G CAT WHEEL LOADER 1 IT 14G CAT WHEEL LOADER I IT 18B CAT WHEEL LOADER I 914K CAT WHEEL LOADER 1 908M CAT WHEEL LOADER I TV 3 80 CASE SKIDLOADER (ATT) 6. 236B, 259 MTL, 279C CAT SKIDSTEER LOAD(ATT) I- NO RAM 63 E GRADER 2 CAT 730 AND VOLVO ARTICULATED DUMP TRUCKS I CS433C CAT SMOOTH DRUM ROLLER I CP433E CAT SHEEPSFOQT ROLLER I CS433E CAT SMOOTHDRUM ROLLER I CB I4 CAT ASPHALT ROLLER I 6-I5C CAT SCRAPER I WACKER ASPHALT ROLLER I VOLVO A40D ARTICULATED DUMP TRUCK 1 CAT 730 ARTICULATED DUMP TRUCK I LOWBOY 9 SERVICE BOOM TRUCK I QUAD DUMP TRUCK 9 TRIAXLE DUMP TRUCK I TANDEM AXLE TRUCK 5 - SINGLE AXLE .DUMP TRUCK I FREIGHTLINER BOX TRUCK 1 NEW HOLLAND TRACTOR. 6 MANHOLE REHAB UNITS 1 MANHOLE CASTING ADJUSTING RIG 3 SEWER TELEVISING AND TESTING TRUCK 2 CONCRETE SAWING & CORING 2 ROLL ,OFF DU_MPSTER TRUCKS 5 VAC TRUCK '2 VAC TRAILERS I WATER TRUCK 50 UTILITY WORK TRUCKS 3 POWER MOLES I WATER TESTING I BUCKEYE 7200 MAGNUM DITCHER I WOLFE KNIFE DITCHER l HYDROSEEDER . I ASPHALT MILLING MACHINE INSERTA VALVES, HYDRA -STOPS AND LIME TAPS EXHIBIT'B' - Page-16 of 17 ClienM-_ 191IRS18 A4RnInA_QI ITI ACORD, CERTIFICATE OF LIABILITY INSURANCE E;MIIIWIJIYYYY] /11/2019 THIS CERTIFICATE IS ISSUED AS A !FATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND- EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions ar be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condltlons of the policy, certain policies may require An, endorsement A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER McGriff insurance Services 720a Bank Court P.O. Box 235 08b Klinka a 3d'i-944-G5T8 3D'f-S44-S5fiS o Eatt : we Nv E4MLADOUSS. dkllnka@Mariffinsurance.com INSURER(S) AFFORINNO COVERA13E NAIL tk Frederick, MD '2� 705-QZ35 INSURER A : Hartford Underwriters Insurance Company 30104 INSURED Was Rllidtiyest LLC dba Culy Contracting PO Box 29 INSURER 8 : Hartford Casualty insurance Company 29424 iNSMR C : Trumbull insurance Company 27120, tntsuRER o ..Hertford Fire Insurance Company 19682 lNStJliFR E MrIchester, IN 47394 INSURER F L•VrCriHLaCQ 4CK1 IrIL4A i C NUNItsr-K: REVISION RIUM13ER* THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SU5JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i SR TYPE OF LTR AD SUB POLICY NUMBER POU EFF (MWDDNYYYI PC CY EXP- IWVDqn0nM LIMITS A �! GEtTLAGGREGATE COMMERCIAL GENERAL LIABILITYE GLAIMS-MAD®OCCUR PD Ded:b 000 X X 30UEAFN2269 7/0/12019 0710112020 EACH OCCURRENCE $ 9 000 000 ROAM ter°nce s300 00o MEIN one -perms $1 v 000 PERSONAL A ADV INJURY $1 000 000 LIMIT APPLIES PER; POLICY aJECaT- [:], LOC OTHER. GENERALAGGREGATE $2 000 000 PRODUCTS - COMPIOP AGG $2000 000 . $ AUTOMOBILE LIABILITY X ANY AUTO AJTO.S ONLY �QDULED HIRED NON-OVDIED AUTOS ONLY AUTOS ONLY X X 30UEAR42563 07101j2019 07/01/202 C.EOMBINED SINGLE LIMIT 1 000 000 BODILY INJURY (Per perms) S BODILY INJURY (Per aoddenlj S PROPERTY Q AGE a aad t S S B X uM LLA LlAB EXCESS LIAB X OCCUR CLAIMS -MADE X X 30HHAFM6961 0710112019 07101/202 EACH OCCURRENCE $14 000 000 AGGREGATE $1000a 000 oED I X1 RETENTION $10000 s C WORKERS COMPENSATION AND EMPLOYEER& LIABIUTY ANY PEROlPMEMBERR/PA NEWEL ECUT� Y (Mandate In NH � (Mandatory ) It yee, describe under DESCR[PnON OF OPERATIONS below N 1 A X 30WEAAB4QA2 7/01/2019 07/01/2020 PER OTH- X I E.L. EACH ACCIDENT S1vo0 000OFF_ _ E.L. DISEASE F11 EMPLOYEE $1 DOO 000 E.L. DISEASE - POLICY LIMIT 31 000 000 D LeasedfRented D Instals Floater. 30UUMFN3142 3000MFN3142 7/01/2019 710V2019 07/01/202 $600,000 07/01/202 $600,000 -DESCRUMON OF OPERATIONS 1 LbCAIIiONS I VEHICLES (ACORD 101, AcIc lamt Remar�aa Schedule, may be attached if more agaca [a mqulmd) Certificate holder and The City of Richmond, IN are additional Insureds as respects General Liability If required by i dtWn contract, GftK1F1F1UATE HOLDER CANCELLATION 7Richmond 5anita District_ 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ry THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2380 Liberty Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Richmond, IN 47374 AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (201610) 1 of 1 The ACORD name and logo are registered marks of ACORD #32465893SIM24438624 DAK EXHIBIT'B' - Page 17 of 17 x i 201 .0 ocu men .1 2TM -t A3 Ro_ n�d # 542293'18 .Performance Bond _SURE ;�IVarrie, Iegal status and principal pla (Narrte, legal status acid addr_ dasj of business) - Midas Midwest, LLC United Fire & CasualtyCom an :Inc. 5 Industrial Park Drive P y' Winchester, .IN 47394 118 Second Ave SE - OWNER: Cedar Rapids, IA 52401 This dodurnent asimps rtar�tisgal :(Af6117e, legal.status aril address): consequences.'Gonsuftation with Richmond Sanitary Dis ric an attorney is•encouraged witfti 2380 Liberty Ave respectta its carmplebon' or Richmond, IN 47374: :CONSTRUCTION 0ONT.RACT=madi�cetori: Date: Any singular• reference to- -Contractor, Surety, 0wner.or .other partyshal ba Amount: $1$9,259.00 = "C(*kJeredplriral wh, `re: applicable.. AA Doeumerrt A312-241 6 cdriibines two separate bonds, a- Perfdrinance Band a' a Payment Bondi. into, ane.form:This is not'a r ;single:com6ined,Perfdrmance end ,Payment Bond Descri.ption:2019 Miscellaneous Storm Sewer Improvements Project - (illame and loca6oti) BOND Date: (Ilvf earlier than .C&fis uctidn- CdrWbct Date) 'Amount: $189,259.00 ,Mddification's to this. Bond: IN NbheO' See Sedtian. 18 .CONTRACTOR AS:P•R1NCIPAL SURETY Midas Midwest', LLC United Fire & Casualty Company, Inc.. `. -Company: (Corporate Seal. Company: (COr�p Yte Sezi And Titl eB . And Titl _ : ' Y� _ 0- (Ariy ac�a'itie: BY•onal §ignat&t6-s;spp&ar-on the- st pagebf this r'erifniance Bond) Ad y act fenny° Albert ;FGR 1NF:�RA�1A r14N QNLY Nafiie, :address and-Wepho''e_n AGENT or BROKER:, - OWNER'S REPRESENT►4TION � - ►�an Meter Insurance Grou (Architect, Engineer dr.:other ,party: , A -1240 Fairway St Bowling =Green,. KY (270)78�1 -2020 �,M'Document AM2" - 2010. The American Institute -of Architects. '� I `The:'Contr-a•ctoe and- Surer`" jdWtl and severall : bind ;themselves their heirs executors., admini-trators` suc�e sons d sr ris°to the,Oivner-for the erfarinarice of the Con"'struetio Co "t' t 9- �.. ,..w R__..-,..- r _ _ ' -..�. ry n rac , .w}ich is incrprate:d herein�b reference: §:=lf`tle Contractor perfoirrris :the Consar'uction Contract, the Surety:.and.;the�.Contrator shall have no`obligatian..urider { . ithis' Borid; except; When applicable 'to pa'rti�ipatei in 'a;conif ea:ce as` prdvi�e in 5 ctian '3; s ,3: I there=is rio Owner Default'under: the-.Cor .truction. C�an_tract, the Sutety'-s .obligation'under this; Bend =sha'll -arise after s Qwtirner first prariides 'nottce'to the_Cvntractar and• :the ,Surety .th'at t ie Qvvner is considering"declaring'-. is theiYthe eContractor- `Default; `Such° natiee; shall indicate` ifvFie~vner requesting a Gcvnference aimviig; the Owner' Contractor and=sure 4'ta:�iscuss t1�; Contractor's erfarmance. f tEie Qiinerd` s at r "` . _ c _ . tY ._. P x oe `n� equest`-a.. cvn'f renee, .�thel urety:,may, withi-n fi.v.e {5).business day,-s'after recei �t'vf:the Owne 's vt'ce y _ „ _ _ _ R; -- r n, r ,request such a r cQr {+ rence, lithe. urety=�time1 requests.4'-d- nferencer the Qwn�er,shall" attend, Unless-�iH-e' wner7.agrees, . s. ..-.. . ...- otherwise;_:any-- on ference'-rmquested `under this Sepif no ' 3:1 °shall be held within ten :{. ,�: _business day"s af: . th"e Surety's-receipt'�a_f-the Owrier's hbtice:,`If the Qwner.•�r the.Con&actdr an:d+ the'Surety`agree, the Contractor sfiall' b'e: allawed:a reasonable time to perform .the Construtti.ori-.Cdn tract; b`ut such an=agreenTierit shall, not waive; the Qirv'ner's righ:tl iF any, subsegtjently; to declare a -Ca' tract-' Default;, L . the. ,wner.'declares. a Contracti�r-befadlt terminates ti a .Construction"°Contract and :'iiiottfie`s 'the 'Sure .... _ — . .. r . _ --. tY.r _ and; .- - , ;3 the-Qvuner has. agreed: to .pay the,',Balance.,of the ,Con.tract _Price-�in ac6br4an6e With :the terms of .the.. - - Canstruc . h 'Can'tr 'dt`,16 the Surety a`r Ito: 6­ ton_tracteeselec`t6d td 'per -farm thConstruction­'Cont`ract:- Failure :gin tiie ai-tr:af .the: Qiivner td com' 1. with ;tlie notice re� �uir.conditionor...-- �_ _... -- -- .. .__,.-- ._ r_ -- ._ ... _. ._ .. .., Y - :,§ 5.Wh6? the QWn'6 h 6 s s&tis,fied. the' con diti 'r�s of Section 3, :the;Suret ',. h�all..'pram' tly and at-tFie. 5uret 's ;ex' en'se take one of she :follow.ing sac ions: .5-.1 Arrange -for ih-e 'Contractor., with ;th'e:_conseni d,the-,"Owner, io,-perform and: -complete_ thenCans,truction ; _arvtract; . '. 5 Under aka to perform ,an .complete the 'Constructi�an'C�entract itself; through its agents orr independent eontraetorsi 5:3 >Qbta'i '_bids or.ne aria°fed prapasals from qualified'cantractars acre �table-ita`the Owner far a',contract;fcr ei�farrriance and ,� _ tort " letian.of the Con`str=ucti;an Contract arras a far;'a. cvntraot to'be . re "afed for exe_cutan'b the Qiivner and ar:cantractor ..p. -:_ -Yl .;r_ a--. .. _ .. e..�. _ ,r ..9. ,; �� _ .i... , ,..._..P P. ,.. ,G. -.� r - .,r. .r,•-.. selected-witho-the Cwner's concurrence ;to -'`bye secured with er-farmance and a menu hinds execuaec! ,b a ualified,sur,t ;etiu valent' to� the-.bor?ds issued on: the ConstrueUpn•-Contrac#r:and-pay to the::Q.wner,'the amount of damages as oescrikied in 5ectinn s 7 in -:excess of`the� Balance of,the,.Ccntract,.Prics incurred : y th.e•wWner'as:_a�� resuEt_:of the Co.ntractorDefault; 'or.: 51A 1Naivid its right to perforhi and 6om01e:te;;-ar'range- for'completion , or'ob-tain°�a riew' co'ntractar=°and•:with reasahable",p-*e raptness` = under' the circumstances;, ..._ _ . After -investigation_f;determine; th, amount or'wii+ihich it m�y'be Iiable,,to the Qviirier' and, as s on as :practicaI e"' a'f er the amount is, determined; makp..payment=tbithe Dw.ner; or i V - ,.. pent' liabilit*y;in _whole or in par't;and in -tify, the Owner, c ting.;the:reasons far denial. 6,i die.Sure-ty does,,no.t:proceed. as_prv.vide l in.'Section Swwi.th 'reasonable `promptness, -'the Surety.shall be' een ed-;to b'e :in_.defaUlt'on this• . Bond seven da---s"after recei'p`too�f"in additional WrWitten notice• from I`hdi_Own6e to °-thetiSuret- clemanidiii " :_that the Surat - �erform=�its' bl'i _•' ions y p Y g. Y. P g iinder.tFiis ,Beni' aricl tl"ie..awner shall. e. entitlad .t ienforce a"n " tamed` available .to'the: auvner_� If'th'e`Sure `roeeeds'�a"s : 'd 'd iri` Sec-tion- .. '! -r"� :4 is =y ;5 }-and_.•;th'e Owner refuses-tFe a` mentor the Sur'et has denied Irabili't in -whole or:.in' art virithQut fiirther.notrce the.}Owiiei= shall be entitled ao en'force--an.y,remedy available :to the ;Owner.. _ -r... - ;AIA=Docurner t A3'I 2 "— 2Q 1 U; The American I'nsti�ute p! Architects. r-. .. tom._ - .,-.. .c. _ .. F. r=•.'a... .. .. Y- _ If theSurety, elects tv.actunder-Se6tion 5.1�,5,2 or 5.3,ihen "-the :respons ibilities, tiPs, of - .the %Surely to ihe Owner - : shall not, begreater-:than h6s'e 'of.th'e-Con'irk-6or Under- the-Consfiruifti6n "Uhtraic'ti-in-d th6xe'�po�-§ibi I i ties "of the- Own'er to:owner-'-j.-' `th6--Surety* sh, 6ll':fi.q't be gre6idr�th6h those of the -,urd6�iheCon�teYction t6n ract. SyOje�t'td,- e "Htment y theOwnef to 'the'Balance of A�Confraci Price; e-Suref is obligated without.8upI- qation,16r Ay .1t "the: resppp�Jbiltjips-,q'f the Coriirac 'far `ior­qqrtectione `of d-: Fecilve work and cm o-pl'e'tion P'f,the , ,C nsirudfion C-4 n'raci: 0 t ':a design professi-o'nal and delay posts- resq] ti n.g from - the* Contraciops, De- -.a nd additional leg s; g fault, . resulting from the,aceoons:.or-faifure to act 'of. the Surety .under. Section -j; and .3" liqqidited.-damages, or if -no liquidated damages aresP-epified.in th,e Consl6ctibn Contract; actual ,dpMpgps,-caused by-..delaypd performanqe -or non-pe' rfo rm,a n ce of..the Can if the, SUrety- iil'6-c'ts tb act Uihdiir Section 5. lj:.S.-3 or.-5.4--,the. Sdedty'g h6bilify ';T§ limited -to th this: 6f �: Bond.. 9"The'Surety..shalt'not be liable, -to the-'OWner or 6ihersjoir obligations of-he-C-6ni ctor,ihat,,are-,pnr 'lated to' 'he' Construcii'On Contract, -he-Contractor t I and the Balance !qlf �,th e -'to n tra c t'Price shall n- o.t be reduced Or,se t off, on account, of a"n y's u c h unrelated obligations, No right of--acti 9 on sha'll-a-ccrue.on ;this .Bond- io,any-..plprs,on or- entity ether, thanthe- Owner or- its.'heirs, pxecutc)rs,,!ad'rininist'rators,, successorsand assigns,. -..ssigns.. ,a- -10,th-e -Sur&ji, h&66y waives: notice of any inclu ding udih ' 66' -fto-th`e`C-onkru'tid` Contract 'tbp f6 t d j changes 6 time, c- on r c rdla 6 'iUbc6fitiact9, pcftthaie- 6fder's and other- obliggti6n-S. 11 Any prode-eding., legal or,equitabie, under this: Borfd`May be Vnstituted in -any court -of-i�-o-Moe.te-nt,:,jur-isd'i-c.fi-on in the, location in a hichihe Work or 'w'orkJs located and'. -Shall be-ins'titu'n, two 'fedwithl --years�, after a declar4tion of ��,po'-or-or-,'w'it'hih w _part of ihe_ , .!fwp,ypprs aft'erjh-e ,Contractor qpp!�-.ed working or within two yq�a rs, a-f ter. -the. �'S.urqty refuses of fifl,s,.to pgfformi Its ,obligations; under der this 86nd.,whichever. occurs firsi. Y-6e..proAsions of this Paragrao are, w Id or pi�ohibiEed,by law, the minimum period_ :of-limii6flon :available tv sureties' as' �q a. defense .1iii' the -jurisdiction. of fhe-'s'Uit shall :be applicable: 40 which th6if -11-24b.tice. to.thd,SU-rdtyj th-i� Owner 6'r the Contra&br- shall - be' mailed or'.8eliv&Eid to theaddrdsi� shown' n 9� ;gignafdr'6 appears: I'll -When thig,'Bohd has been; -furnished to.'C'Ompj'y with a, -.,statutory; q ',oihtr­ I" gdl requiremenI inthe ,location-- wfiere the construction, o hstatutory. or legal requirement shall be die�emed,d,61,eted here -from was, W, be� pe�6m.ed 13' .' any provision i.n this nd.�con'flicting.-wit . said, s'ta o !and -prqvisions conforming to such statutory or oiker legal',reqgirer6eni shall be: deemed incor -so ateo here'i'n. When furnished,.,th pqr� intent, is that this Bon- d' shall be construed_ as -.a statutory bond and nqk as -a- common' law bond. A' 1.4 definitions; 4. J Balance 0 the C6'n't act P.ri'C­e,. T h e n �total amou E pp.yable.by.,-.the'0w'ne'r fo -,6e.ton'tractor- unddr."the. Construction- 'C Lafterall -Pritraq. by A 0 ---prop 'imen-is have been made, including all-owa-nce lo 'the:Contractorany -amounts: or to be:, ecei.ved- e w'!ier in. -adjustments_-adjVP 0 P 's.eitleMent of'insurance or other•-ql6ims- for damagf-5-'io which ihet . on'iractorjs,entitled, reduqed'by.@.11 valid and propfT. paymen1sr .settlement to, 6-r-66 1p'6hW . of the Con-tra'cA6r'---u'nd-6r 'ffie' ;Construction _ Contract: ` 1 -2 Cu" 'the,. 4. Construction cti*oh GontrAct. The be' een. _oWner and ton tractorideniffied on the cover page, ingluding„all 0 Z' ntract Docurrien'tS and changes made !to the agreement ,and 'the.,Contract, Documents, I 14.3.Conteac,to.,t-Default."FzilLreof Con w.hichhas: remedied ;or waived, f6 ,qrf6rni br.0th6rwii6 .V0 comply; .pl.j material tia-rrii of the �C dri si ff bic ti a' n. C6h.&kt: :6 --'14.4'Own e r be' fault-.- F'a il u re -of- the Owner, which has. not -been remedied or waived, to pay lket6n tractor as requireid'...tind'et .the :Construction :Can -tract dr toperform and complete o r-&6rnPi y -with the 6ther material t6rhs-ofIA6 Construct ion Contract-. t§..1 -'C 0-ntra-d- 60 cuments. -Al! the documentsthat ccmprise...theagreement between the Own4r'Ain8. .Contractor. tractof. 1.6 If.this Bond is issued .for an agreement .between a Contractor and subcortractor, the term CQntractorin tl4is'Bprid shall be deemed 'to be S66con­trAct6r and `the: term Owner -'shall be deemed 'to be- Contractor 3 ,AIA Doc'ium­�nkA3��­' 20Td."fhe'Arhe'n"66h Institute i;f Architects. .§ • 16 'Modificatibm io this bond are as. follows-; 'PP —be :"is rovided belowfor, additional si -natures of added: artier,; ffir: thanj:#hose a - earin ;an 'tf a"'corer: a` : 'C,ONTRACTDR`AS;PRIIVCIPAL " M pg anfoorae Sea SURETY c6rn orae sel)'Com Cor signature: : Si nature: `IVaireeand Title:= Name and Title: ;AOd foss: Address: _ = l, : - n anoi finAIACurWea iRED. A<auoYoosign ra�ocAaears-n°or9- aC.rattDneon hibthistkt at: o sWll Ienobe_vbscured AIA Document 6. the American ins#ihi a of Architects : : .4 y oc' '10 u men : 20, Band #^ 54229318 IFayme v8o ...,ifi,d: rCNTRi4TR:: : :. �Iarrle, legal=sa�us-'and:principal plate : (Narrae, :Iegal�status:aela�ressj : of�ta�isines : Midas Midwest,. LLC an United Fire. Casual Coni ,-Inc: - . 5 industrial Park Drive p : y winchester; .IN 47394' 118-Second Ave SE Cedar Rapids, IA 5240'I Tl�sdm rnenthas-knp to . ;i1VNER ,cor�sequer�ces. Ccnsua#ionswiti: _ : (Illarr�e; /egal.stat s, and•440ressj : an a torney` e'encouraged,wit}i= - Richmond Sanitary. DlstriCt . : : ,rgspg6t o'k .goMp'1k n or -- 2.380 Liberty .Ave: : riciification: : - Richmond, -IN 473.74 - :' : 'An sin ular.refetenc�to.,.. . .COCONTRACT.. CONTRACT�Y;r . g r _..- -- - Corctor; Sure'tyr; atinmer-or - • .: -Date: - • •.• • - - - � •' -•.- • • • � - _ •• -- - - ' - - - • • .•.- .. • • - - . • . ' - • ..: ' :cther`paitysh�l ue• • - . • -- .: - - • • - �- -- : • vonsWo ed' ldral.where ;Amount ..$189,259:00 : appreeable _ 09cument.A312=201 D :combines two se 4ibt:bbbd a Performance. Qond`a6d`k ajii'nertt - - - � . •. •. . - - - : '- • ' - • _ ' •• .. • .. • : • ..- - • : ' ' - • • • - ..• - .: - �Bvnd;,intoone'form. This.•is�not=a• - . - . • - : • '- - . ' . • . singlercvmbiried:Pevrmance end Payment Bond = ;aesctipton: 2019-Miscellaneous-Storm Sewer Improvements Prqjeict - (1� 18 dI i e. - • - Date: -.. . • . . - , • . - . - .- . .- .... . • • - ,.. • - - ... _ •.. • •.. .. . . (1Uot earller_tFiarr Evr sku666- Confect .Date) : : :Amount:-,: $189'259.00 : 'odiiafinstothis Bad:N] ee-:5:action � 6:oc :.CONTRACTR'tASfPRINCIPAL SURETY Midas.Middtiest, LLC United Fire 8� Casualty•C p , lt�tc�.- _ .�• ..vrripany: (orparate Seal3 Compan,y And:Ti#�� •Sjr: And TitleBjr: (Any adc�itiar�alC-att�res:�ppear-pp ilasf a •0t Is'P&16J;Mance By -.. ,Aitarney-i ec � Kenny Albert ' INF4RIVIA;TliV. Q111LwY--�lliarne,.:address_and:teleplaan� rA ENT or_BRDKE :: •6WNEW% RERRESENTATt N: - Architect,• Engineer .6r-rather Van Meter Insurance Group : .1240 Fairway St Bowling Green,- KY.: : (270)781-2020 . .4,. - - - - 1• AIA Q064 f A�3f 27 016 tr4. ine�icah Ir�siit�ste;d# ArGi�itec�;.,. : • § :I Me Contractor and- Surety ointl.- and severall ., bind theriis61Ves, their heirs e tecutors administrators successors and,-assi s to the 11 gn,.. Qwner�to-pay'for-labor; =material's --and equipment furnished 'for use; in the p-erformarice of theConstruct bri Contract; Which -is. :incarpoirated herein by xefere ice; subiOt,to,the-following "temi�. _ S-,2 If the-Coriiractor-prorri tly: makes.paymerit, of all-sums� due to Claimants, and defends, indemnifies and hold"liarrnless_the;,Owner fxom clairris; dema�, hens -or= ui`ts by any persQii. ar e:ntity;seekin a ent for. la ar; materials or equipmentlfu_ mished.for`'use it the rperformance.of -the Construction Contract- then th6 Surety'arid the Cori#rac'tor shall. -have•no ohligatiorr under It s Bond. 3 If•there is no owner Default under the Construction Contract; the Sure y's';ob igatiQn to the Q%merunder this 'Aond •shall arise _after -the. `owner_ has promptly nati� d the Contractor:arid the Surety ;+(at •the address described' in Section 3 of claims,. dem4nds, liens or. suits. .. :against -the" 4�ner_.or. the .Q�ner's;praperiy I y any,person! or .ai ityiseek ng payment for Tabor, materials ar. ecru prnerit. furnished .for use in. the�perforrnance of the.;Construetion_Contracti and tendered defense:o_f such-claims,:demands,.liens or suits_to the :Contractor=and.the'Surety.. 5 4 M. en -the -Gunter .has s atis fled the -conditions in LS ection 3,. the Surety shall -prompily'and' at the Surety's expense "d e`ferid;•.imemnify' and -hold hannless'"the' Owner. -against a -duly -tend red claim,, demand,:lien or -suit. 5 The surety's abligatiQn's to a'Clauriaiit.under this'Bond shall arise.after "the following` 5 1 Claimants; -who do not.have:a direct .contract,W-Ah the Contractor; 1' ;Have furnished' a:­wriU6n- notice .of non=p-ayment to the-Cohtractor; stating with substantial aceuracythe; amount claimed and the name -of the party to whom.the materials were;,or equipment�v�ias,-fi mished_or supplied or -.for whom the labo_�-` as ;done bf'per:f6rm`ed, within-ni_ndw(9.0): days aftef ha�ing,last� erformed labor br last_fumislied. '.rri aterials bi .equipm ont .inc1t&d' h .the Ctafm; inid ,... ._ have -,sent. -a Claim: -to the:Suzety (at_ihe address described in Section 13), 5.: Claiznarits wha•-are'em to dd :bY :br.,have a direct contract -" 'tlie- Coritraetof -;have sent a.:Clairr_i to the Sure at then addseas- escribed_in .Section `13: §.'61f:a notice.of non=paymeritrequired by Se6tion.-5.1;Ns given by the:Owner tothe�Contractar, that is. sufficientto,'satisfy a•.Qlaimahfs obligaiiori to fiimisli a written-nou e.ofh' payment ii ider.Section ,5.':1.1. TWhen a di, has satished"the condiions of Sections 5,1: or-5:�,-whichever is applicable;.tl eJSuze#y_sliall.promptly and'at the Surety's :expense-fAe, the,161lowing ac#ions: 74 Send an answer to tlie.;Clairriant,awith acopy to the Owner;`within sixty;;(64� days:after receipt. of Clairn,Lstating the amounts:. 1: . that' are undisputed and the basis.'far challenging any amounts that:are disputed; and § `7 2 Pay'or -arrange far.payrrient _of any undisputed amounts. . 7.3 The Sure.ty's -failure to :dis,charge. its-,obligations-under'Sectioil 7.1 _or_Section�7:2 shall not be_deemed to. , onstitute a,waiver of de'fenses th , Suretyof Contractof:niay'have-or acquire. as -to -:a.Claim, ,- c as t6undisputed amounts far liich_th ;. urety:and.Clairriant .'l;W0 reaclied:agr&e rnent: 1fAioWevex;_the_SuretyFfails ta,, ischarge its"obligations under. SectioTi.7.4,.& Sectiori.7,2; the Surety-.sliail; ;indemnify `tli 'Claimant .far the reasonable attorneys fees_ the Claunant incurs thereafter to recover anysums: "found to be -due and owing .to the Claim ant-: $.'The. Surety':s total obligation:shall not exceed .tlie amount of"this° Bond; plus :the amount af-reasonable attorneys 'fees ;provided under Section V: , and- the amount of t1us,.9on&sha1l be. -credited for any. -payments made in _goad faith by the Surety: Amounts' o..W6a_by-.the_'Ow!ier to "the-Coritraetoi .under the Construction Contract -shall b-e�used ,for the'perforrnance of�the Consiru0ion"Contract and:.to satisfy. -:c�aims, `if°:any;.,_und' an�T construction performancebond. 'By -the :Contractor f mush', and the: awn r' accepting tM's Bond; they agree that aIl'f'u id carried .by tlie: oiltracto in `the performance ;of'the:Construetiari Contract'are :dedicated to.satisfy obligati�ns,ofthe_.Contractor-and-Surety under. his Bond; subject°to the Owner's priority to use the funds .for the Oihpletiori,of thi wvpxk. ;AIA Qocume�A3'_ --, �D�a:7h American �lrisfififa'of.A 6hiteci'6. 1 0 The Surety shall not be § y liable to. the Ownt,. Clairriants or others for obligations .of the 'Contractor that ale unrelated to the Constiiicti n Contract. The`C�rnex shall not be -liable for the p.4 ent-of ariy costs or expensea-bf .4U-.Claunant -ur dez this Bond; and -sl all have under •this: Bond'ho -obligation to make pad nerits -to,or give notice oii behalf 'of; Claimants' or .otherwise M'� :any obligations to Claarnants under this, Sand. § 11 The Surety hereby waives notice of any change, including changes of time; to the'.Constzuction.Contract or to -related subcontracts,_ .purchase orders acid other obligations: 412 No suit -or action shall ,be commenced by a Claim ant-under.this Bond other than in• a court of competent jurisdiction in the state in which the project that is .the subject of the Consfniction Contract -is' -located or -after the expiration of one year from the date (1) on which -the Claimant -sent a. Claim to the Surety -pursuant -to Section 5. i.2'.or•5_.2;. or (2) an• which the last labor or service was performed by anyone or th last materials -or equigrnent were RiTmshed by anyone-urider-the Construction Contiact,­* hevei "of (I) or- (2�: first' occurs. If the provi.5ions.of this, Paragraph are void or ti. prohibited by lawv,Ahe mmimuih period of lirriitation availableto sureties aS: a defense in the jurisdicti in of the suit shall be applicable: §-13 Notice- and Clairnms to tlie-Surety; the Cxter 0 the Contractof shall- be: mailed-�6t delivered :to the address shown on the page ori- .which .their, signatuire appears: Actual _zeceipt .of notice -or Claims,: however accorriplished, shall be:'si fficient core li'ah- as of the 'date .received. §; :1 4 when atliis Borid 'has been furnished :to- comply Rritli a statutory or other 1:eg61 requirement in the lactation where the.construction. 'was -to be performed, any provision iri this Sand .conflicting xrith said statutory or U.. rzquirernerit shall be, deerried de_ lefed .hefefr6m and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished;.the: .intent is that'this Bond shall- b6 construed as -a statutory bond aaid•nat as a, co'm'61 law -bond: §JUpon iequesfby any person or -entity appearing to,b' a potential beneficiary:of this Bond,:the Contractor grid O nerlshall promptly furnsh :a .copy 'of this 'Bond or. shall permit a copy-td..be made': § 16:1.C12im_: A.writte- i statementby the Clai-n. nh_ uicluding at a -minimum: :1 the, -name of'the Claimant; :2= the name- ofthe -person-for" whom the labor was done, or materials or equipmeritTaftii.shed;, 3. a'pop y-of the agreement or purchase order pursuant to which labor, ma#erials or equipment was; furnished. for use, in.•the-performance of the Construction Contract; :4: a brief description af�the labor; materials or equipment furnished; :5 the date. on which the 'Claimant last performed labor or.last furnished-imateriais -or ..equipment for use in th :perfoririance" of the Construction Contract; :6 . the• total a n ount. eamed by itie. Claimant -for labdt,. m ate'rials or, egiiipni ent furnished a"s o f the date Yo f - the Claim; ; .7. the -total- amount .of previous .payments received by :the Claimant; and . .$: the'total amount due and unpaid to ,the Claimant -for labors materials,.or-equipment furnished as of the date of tlie'Claaxn: - §_16.2 Claimant' An.individiial ar entity having a direct contract -With the, Contfactdf or with a;subcoritractor ofthe Contractor to furnish -labor!,matefials.or equipment for use -in the performance of the Constructiorr.Contiact. The term -Claimant, also includes any individual or 'entity- fhat His rightfully .ass_ cited ,a claim` under-an.applicable mechanic's' lien; or similar statute against the real property upon Which the Project._is,located.,The intent'of.this- B.and' shall be- to' include without"limitation in the terms. "Tabor, materials or equipment" that part of water; -:gas; power; light; heat; :ail;.gasoline, telephone service or.rental equipment�used in the Construction Contract; architectural .and engineering se.ruices required 'faf Ferformdhee .of the •vrark of the, Contractor. and the Contractor's subcontfac#ars; and ,all' other "' items for which a mechanic's hen -rriay "be,assertcd-in the jurisdiction Arhere •thc_.labor, materials or equipment we're furnished_ § 16.3 C6nMrucii6n .CantracL T`he agreementbetweeA 'the• Owner, and Contractor identified_ on -the cover page, inclu ftg .all .gontract Docurueht ,and. all changes made:ta the agreei'herit and the Contract Documents-. T 7 ` .AIA'Docmant A3 !2'"..410. The American Institute of Architects: _ ' §.16.4 Ownez Default. Failure .of the .Owner, which has_not beer% iemedied.'or Wkyed' to pa 'Jhe; Contiactar-as_r�qui ed-undei the-_ construction Cantract;or to perform_and or camply. ,v ikt .the other maferiafterms of the CO' nstructionConf raet: §. 16.5 Contract- Docurnents. All the documents that. -comprise -the agreement befwee'n th& Owner -and Oonractor: §:17 If this .B4nd is issued foi'. an ageemerit:betv:een aaritactor aiid siibcontaGtor, :the terrii Cntractar iri this: Bond shall be`deerned . � r +. -- -_.. _ _. to -be; Subcontraoto and the 1&iin Dune£ shall be 'deemed to- be ;Contractor. 19 Modifications -.to this"bond-dre-as.follows: 5 -ace is rdVided :below for ladditibnal 'si' natures -of added artier; :Other than those a eai iri on �th`e 'covet a e.: ; NTRACT R'AS. PRINGIRALSURETY. :Cam any!-. - Car""orate Seal Co,mp,:,an for orate"Seal. =Si nature: Si 'hare: re: Name and Title: Namb nd Title:' }Acid Tess: Address: Caution:- You : houfd sign--an-Original �41A �Co- tract Dacurnent; an:wi�ieh this text appears_in RED'. An origin alIassures-that-., ich6h' `es.WlL,be not be::�bscur d: :. _ _ - AIAbocumW A312*T' - 2010' The American Inssth' ie 6f Architects. $ r , UNITED FntE & CASUALTY -COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE--& INDEMNITY COMPANY, WEBSTER, TX 118 Second.Ave SE Uf9 -�, FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, 14 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY .(original on file at Home Office of Company — See Certification) DHOW ALL PERSONS BYTHESE PRESENTS, 'llaat United Dire & Castalty Company, a cotporation duly crwiized raid existing, uud�r die laws of tie State: of Iowa; Vtti(ed Fire & Indemnity Company, a corporation duly organized.and existing wider the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly orgrutized and exxisting, under tic laws of die State of California (lterem collectively called the Companies), and having their corporate headquarters in Cedar Rands, State of Iowa, sloes -make, constitute and appoint BENJAMIN P. DYCUS, KENNY ALBERT,'STEVEN M. BAAS,; MELISSA PROPST, ADAM HARRIS.. ADAM'BURDEN, LAKALA CARTER, EACH INDIVIDUALLY their tnte and lawful Attorney(-)-in--Fact with power and authority hereby conferred to, sign; seal and execute hi its behalf all lawful bonds, undWakings and other obligatory instruments of siniilar nature prvvidcd that no single obligation shall exceed $20 , 000 , ago . 00 and to bind the Companies thereby. as fully and to tits same extent. as if su' clt instruments Were: sieved by the duly authorized officers of the Companies and all of the acts of said Attorney, jmrsuani to the authority hereby givers and hereby ratified and confirmed. . The Authority hereby granted Mall expire the 21 st day . of November,, 2021 un 1 ess ' sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Compwy, and Financial Pacific Insurance Company. This Power of Attorney is made and executed prusuntit to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors ofU[vtcd Fire & Casualty Company, United Fire & Indemnity Company, and Fuiancial Pacific Insurance Company. }article V1-- Sus-ety Bonds and Undertakings" Section 2, Appointmeni of Attorney -in -Fact. "The President or any Vice President, or miy other officer of [tie Companies may, from time to time; ,appoint by written certificates anomeys-ui-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undcrtaldngs and other obligatory instruments of like nature.. 'nic signature of any ofTicer authorized hereby, and rite Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or ccrti[iLalion of cillter authorized hereby; such signature and seal, when so used, being Adopted by the Companies as the original signature of such officer and the original seat of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respec[i%E certificates of authority shall have full power to bind the Companies by their signature and execution or any such instruments and to attach the seal the Companies thereto.. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke al.1 power and authority prc%iousty given to any atlomey-in-fact. IN WITNESS WFIEREOF, the COMPANIES have each caused these presents to be signed by its "sails r1,,I.r \►►► y`1tiDf1ll1��s�4�1$11�frrfri �4►c. �,�,. vice president and its corporntc seal to be hereto atri.�tcd Ibis 21 st day of November , 2019 [OR`'Oa"'� r �'� Sa�Y�� °�`' UNITED FIRE & CASUALTY COMPANY 5�L s�,ti � ti �, »�� �,,;�• UNITED FIRE & rNIDEMNITY COMPANY Fii�'ANCIAL PACIFIC INSURANCE COMPANY J,h �rrp�q�`,��\ rrrrh �( iEll lr ti►►►��� r'rfr►ii�iiull��'�� lJy: _ r State of Iowa, County of Linn, ss: Vice President. On 21st day of November 2019, before me personally, came Dennis J.- Richmann to me known, who being by me dufy savom, did depose and say; that he resides to Cedar Rapids, State of Iowa; that he is a Vice. President of United Fire & Casualty Conipathy, a Vice President of United Fire & Indemnity Company, and a Vice President of I�ivancial Pacific Insurance Company the corfhorations described is and which executed the above, instrument; flint lie lows • the seal of said corlhor-ations; that the seal affixed to the said. instrunient its such corporate seal; that it was so. affixed .purs-ttinnt to authority given by tlhe Board of -Directors. -of said corporations and thhat Ire signed his name tlfereto punsiunit to like nuthcrity, aild a0mowledgcs same. to be. the act and deed'of stud corporations. VAAL Judith A. Jones . AO0 - Iowa Notarial SeattConu Nsslon number 173041 Notary Public My Comhilsslon Expires 423=21 My commission expires: 40P2021 1, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company. and' Assistant Secretary of United Fire & Indemnity Company,-aud Assi.stnat Secretary of Financial Pacific Insurance Company, do -hereby certify that I have compared die foregoing, copy of die Power of Attorney and affidavit, and the copy of the Section of thebylaws wd resolutions of said- Corp'oraiions as set fonlh ire said Power of Aftonicy, «rich the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and flint the -tine are correct transcripts fltereof, and of die whole of the said originals, and that the said Power of Attorney lens not been revoked and is -vow ni roll force and effect. - In. testimony whereof I have.hereunto subscribed nay name and. afTlxed the corporate: scil,of sift~ laid Cot orations this day of ,-20 t��►► r uIC �`*►.tth Xc 1NS4 rfrr,�� - - 00 Coal RA e Caary RA Z � . ]t]�Y : o - - AP - � L] riota scat, , sr�L �,� 1.,► �`.':�eFe�: T' i%ssistwit Secretary, r"'I $Ari�1�'' �� uni n► � �`� �,���,lr�'� +• •"'� r f - � ._ U Il &C & U F& I & FP IC RPOAo�5 122017 This paper has a colored background and void pantograph. .. _' ��r �` ` � � , f e -_ rf � � — .r . � .. - � � _ r _ �f '� ' `� ,� � � . r rj