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HomeMy Public PortalAbout178-2021 - Sanitary - Smarrelli General Contractors - Repair Work Storage Area ORIGINAL AGREEMENT THIS AGREEMENT made and entered into this iq day of bae.,c44b-rce , 2021, and referred to as Contract No. 178-2021 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (referred to as the "City"), and Smarrelli General Contract, 136 S. 2' Street„ Richmond, IN 47374 (hereinafter referred to as the"Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to retain Contractor for certain items of repair work to the MRF storage area. The foregoing shall meet the requirements previously requested by the City which are set forth within the specifications on the Invitation to Bid, as well as the Addendums thereto, to which the Contractor has responded with said specifications being attached hereto as Exhibit "A". Additionally, Contractor's response is incorporated by reference herein, and attached hereto as Exhibit"B". Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement,this Agreement shall be controlling. The Contractor shall perform the services listed on the attached Exhibits attached hereto as soon as is practically possible in coordination with the City. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.C. § 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. SECTION III. COMPENSATION City shall pay Contractor the sum of one hundred one thousand one hundred thirty-nine dollars and 00/100 ($101,139.00)in consideration for the services contemplated herein. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue until such time that the Contractor satisfactorily performs the services contemplated herein. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause by specifying 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; 1 I Page b. submission of a report, other work product,or advice,whether oral or written,by the Contractor to the City that is incorrect,incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination,the effective date, and in the case of partial termination,the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement,purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation& Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors&Omissions Insurance $1,000,000 each occurrence 2 I Page $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law,and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty(30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII.IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event Board determines during the course of this Agreement that this certification is no longer valid, Board shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,the Board reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety(90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION 3 I Page A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability,national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees: 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. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X.RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI.MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion,negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4 I Page 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. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement,including but not limited to,City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 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. [The remainder of this page intentionally left blank—signatures to follow on page 6] 5 I Page "CITY" "CONTRACTOR" The City of Richmond,Indiana,by and Smarrelli G tractors through its Board of Sanitary Commiss.oners By: Sue Miller, President E"<�:Z� /G� (Printed): I Dated: 2( Title: an B ice President Z Dated: 1� 171 Dated: l-2- 2( ogle44 St:;14., Member Dated: APPROVED: . Sno a Dated: /712Z 2(.2Z( 6 I Page Exhibit A to Contract: City and Smarrelli General Contractor 1L RICI REQUEST ST { - A • f r7�y i 7 w. CITY OF RICH OND DEPARTMENT OF SANITATION �( NOT �' 2380LIBERTYAVENUEoRICHMOND,INDIANA47374 THIS IS NO JL AN ORDER PHONE(765)983-7450oFAX(765)962-2669 VENDOR INSTRUCTIONS This Is a request for a price for the services of materials described below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below with signature; Itemize all prices and charges where requested;and attach any explanation for any substitution to specifications altered. Return in a sealed envelope,in care of Richmond Sanitary District Board of Commissioners to • the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: : PAYMENT TERMS: DELIVERY REQUIRED: October 14,2021 November 9,2021 by 9:00AM I UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for the repair of items at the Material Recycling.Facility (MRF)Storage Building. Please see attached specifications.All E-Verify requirements will apply to this quote. Please include a Certificate of Insurance,which must include Worker's Compensation,and Warranty Information with quote.There will be a pre-quote meeting on October 27,2021 at 9:00 AM in the Board Room of Richmond Sanitary District. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson,Customer Svc Mgr 2380 Liberty Avenue - Richmond,IN 47374 Re:.Repair of items at the MRF Quote Valid Until Please itemize all charges on attached Bid Sheet. If you have any questions please call Jeff Lohmoeller at 765-993-2670. NAME OF FIRM QUOTING: S TAX EXEMPTI N#003121909-001 AUTHORIZED BY SIGNATURE TITLE . Richmond nitary District DATE PHONE NUMBER EXHIBIT PAGE C .@FS. The Richmond anitau I istrn�� Il I[�� uIl��l im u ote5 for Y the air of Items at Our Material. Recycling ®rage I�,uunlldlnngo This building was built in the 60's. We want to dry up this building.We have several items that needs addressed.I will list what needs to be repaired or replaced. Cost of each item is listed separately.We have a limited budget. A Pre-Quote Meeting will be October 27th at 10:00am at our Administration Building.2380 Liberty Avenue,Richmond,Indiana 47374.Quotes will be due back to our Sanitary Board by 9:00ant on November 9,2021 in sealed envelopes. Scope of Work: 1. Roof, Gutters and Windows o Walk&Inspect Roof,repair as needed o Clean 230'of gutters,check down spout connections.If connected to pipe,pipe is to be cleaned by others. o Windows:Inspect,replace broken window pane and glaze.Seal window with caulking where it attaches to building 2 Lay 10" common downspout tile on grade. Connect existing downspouts to new tile. 3. Clearing Brush o Remove 250'of fence o Clear brush&trees 20'away from,building,5000SF o Remove soil away from cement block wall. Clean block wall'with power wash spray. Fill and seal all cracks and voids.Apply approved exterior water proofing mastic. o Grade Swell to drain away from building o Install 6"drain tile in washed stone o Reinstall fence $ EXHIBIT A PAGE 4. Interior Trench drain system o Saw cut Floor,Install prernanufactured 4"trench,drain sloping 2.ways.Sump pit& pumps at each end. o Pipe sump effluent pipe to exterior away from building O 110V Electucal to be within 10'by others Please include the following: 1. Certificate of Insurance naming the City of Richmond as Certificate Holder. Yes No 2. E-Verification Yes No 3. Iran Activities Yes No Emma. PAS 3 OF 11-- • lC-Verify "equireimeuts: Definitions: E-Verify Program--A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act-of 1996(P.L. 104-208),Division C, Title 1V,s.403 (a),as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees Murder the Immigration Reform and control Act of 1986(P.L.99-603). No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 (a) (2);and 3. A purchase order has been issued by the Purchasing Department. DOULIIIII tl ULIUIILILI17tl�O$JII'�rI7�L7[U�'an a fI U a nu oA�LI PL E l UU�E�U LLjL U L7�L[7na ll Lf lL�O 7 LI LI G E D�O7-�ULI LL UL I CI LLII L IU 0 0 0 L O G O O G tl O Gn fi Q G1U COMPLIANCE LJLt]V,V CE WITH ILA A l—V'J�.`.111�1]UB Il POLOOGRt711n'A.REQ UIREM ILIIV 1L S Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of the Agreement,Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with.IC 22-5-1.7(a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty(30)days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty(30)day period provided above,the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest orpublic property,the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section,then pursuant to IC 22-5-1.7-13 (c)the Contractor • will remain liable to the City fox actual damages. C u ty PAGE 1OF Affidavit of Employment Eligibility Verification The Contractor, ,affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contractwith a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this day of ,20 • (signature) (printed name) EXHIBIT � PAGE 6 O IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran.In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety(90)days after the writtennotice 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 dining 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. • . �Qli�lT PAGE Date: October 28,2021 To: All Bidders From: Jeff Lohmoeller RE: Repair of Items at MRF Storage Area ADDENDUM#1 This is"Addendum#1".This addendum is in reference to the above-mentioned services. Please mark Addendum#1 on outside of envelope when returning quote. Clarification: Scope of Work: 3. Remove soil away from cement block wall. Clean wall with power wash spray.Fill and seal all cracks and voids.Apply approved water proofing mastic. o Area to be cleaned power wash spray:Building length 226'length x 8'high o Hydrocide Mastics Waterborne Emulsified—Asphalt or approved equivalent 4.Interior Trench drain system.Area that will house recycling material.Approximately 80' length x 4"trench drain sloping each way approximately 6—8 feet from rear wall. ExHstir PAGE 7 DF_r Date: November 2,2021 To: All Bidders From: Jeff Lolunoeller RE: Repair of Items at MRF Storage Area ADDENDUM#2 This is"Addendum#2". This addendum is in reference to the above-mentioned services. Please mark Addendum#2 on outside of envelope when returning quote. Clarification: Scope of Work: 1. Roof,Gutters and Windows. o Windows—Instead of replacing broken window and sealing,REMOVE window and frame and BLOCK in window area.There are 10 windows.Dimension of area to be blocked in 61"wide by 44-1/2"tall. EXHIBIT PAGE • Exhibit B to Contract: City and Smarrelli PRICE REI IU -S J!L of , a o u CITY OF RICiMOlNi) DEPARTMENT NOFU SANITATION THIS X NOT AN' ORDE i�,2380LIDERTYAVLNUEoRIGTIMOND,INDIANA47374 1�I 1 PHONE(765)983-7450.FAX(765)962-2669 VENDOR INSTRUCTIONS This Is a request for a price for the services of materials described below. Any additional specifications may be Smarrelli General Contractor attached hereto. This is NOT an order and the City reserves 136 S. 2nd Street the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below Richmond,IN 47374 with signature; itemize all prices and charges where requested; and attachany explanation for any substitution to specifications altered. Return In a sealed envelope,in care of • Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT,TERMS: DELIVERY REQUIRED: • October 14,2021 November 9,2021 by 9:00AM UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for the repair of items at the Material Recycling Facility (MRF) Storage Building. Please - see attached specifications.All E-Verify requirements will apply to this quote. Please include a Certificate of Insurance, which must include Worker's Compensation, and Warranty Information with quote. There will be a pre-quote meeting on October 27,2021 at 9:00 AM in the Board Room of Richmond Sanitary District. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson,Customer Svc Mgr 2380 Liberty Avenue Richmond,IN 47374 Re: Repair of items at the MRF Quote Valid Until /2-go-Z02 Please itemize all charges on attached Bid Sheet. - If you have any questions please call Jeff Lohmoeller at 765-993-2670. N OF FIRM Q . t ST TE , EXEMPTION#j 12191101 AUTHORIZED BY SIGNATURE. J 10 ri TLEl"\..,_.- 970U 1‘21•57‘ Richmond S. :Ty District DA E PHONE NUMBER ow( � aT PA6E—L- 0F2. LI 0 0 The ffieJIi m®>m� �>Llln��lr I®>1 �>rn�� i J ��u estiim Quotes for the Rye any° of Arens at our Materiall Recyelli ng Sit iCne unlldhago This building was built in the 60's, We want to dry up this building.We have several items that needs addressed.I will list what needs to be repaired or replaced. Cost of each item is listed separately.We have a limited budget. A Pre-Quote Meeting will be October 271h at 10:00am at our Administration Building.2380 Liberty Avenue,Richmond,Indiana 47374. Quotes will be due back to our Sanitary Board by 9:00am on November 9,2021 in sealed envelopes. Scope of Work: 1. Roof, Gutters and Windows o Walk&Inspect Roof,repair as needed • o Clean 230'of gutters,check down spout connections.If connected to pipe,pipe is to be cleaned by others. o Windows:Inspect,replace broken window pane and glaze.Seal window with caulking where it attaches to building . lack""^ w:4•Ic sys P w 4 o Lido°"" all Z $ Il6Zu0• 2 Lay 10"common downspout tile oin grade. Connect existing downspouts to new tile. .$ U60. 3. Clearing Brush o Remove 250'of fence o• Clear brush&trees 20'away from,building,5000SF o Remove soil away from cement block wall. Clean block wall with power wash spray. Fill and seal all cracks and voids.Apply approved exterior water proofing mastic. o Grade Swell to drain away from building o Install 6"drain tile in.washed stone o Reinstall fence EXHIBIT--8 L..PAGE 4. Interior Trench drain systeax, o Saw cut Floor Install prernanufactuted 4"trench drain sloping 2 ways. Stn np pit& pumps at each end. o Pipe sump effluent pipe to exterior away from building O 110V Elect:dcal to be within 10'by others $ f93. Please,include the following: 1. Certificate of Insurance naming the City of Richmond as Certificate Holder. Yes . . No 2. E-Verification Yes No 3: Iran Activities Yes No Vol v n-roilfreg4m-re 1J Oz�'t— (9Pryt o`V►'1 I -ref../ Z l 4 Na7 n�--f 19 t 014 t_-t -1.Le 2 P �S 14 e i f e ?1.e, paw)*S pavvS. yJt 0 �2 A: • Cary ! wz� w;/ ;2 �llvo ,h oZ€ eo47'l -14-e Cs in. • iLeP 4 p /k� iJ-4 r z 4 t oft( ,tit. $loz/'- sea( 4 GrF- lc e rt n. 49i2 EXHIBIT PAGE` .._...OF i . • lE-Verify Requirements: cents: Definitions: E-Verify Program—A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act-of 1996(P.L. 104-208),Division C,Title IV,s.403 (a),as amended, operated by the United States Department Of Homeland.Security or successor,work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986(P.L.99-603). No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 (a) (2);and 1 A purchase order has been issued by the Purchasing Department. an a a a a a o a o a a a P a ao o a o o aoa a ao a as a a a a an an a a a a a a a a ma a s an a a a a a Q a a a'Q a D a a a a a a G a s a a a a a O a D a a Op COMPLIANCE W[TU I[NJ[DIANA ENEMY PROGRAM REQUIREMENTS NTS 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 requited to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program.no longer exists. Prior to the performance of the Agreement,Contractor shall provide to the City its signed Affidavit affinning that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7(a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty(30)days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty(30)day period provided above,the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City • determines that terminating this Agreement would be detrimental to the public interest or,public property,the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section,then pursuant to IC 22-5-1.7-13 (c)the Contractor will remain liable to the City fox actual damages. BI , _._.-.,PAGE (7/ ®F • Affidavit of Employment Eligibility Verification The Contractor, 4,4„..11. „ (. ,affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contactor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this r4Gday of Itirvi ,20Z( . ( tare) (printed name) EXHIBIT 5 PAM_ C OF 7 IRAN.INVESTNIENT ACTIVITIES • Pursuant to Indiana Code (IC) 5 22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran.In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran.within ninety(90)days after the written notice is given to the Contractor,the City may proceed with any remedies it may have pursuant to IC 5 22.16.5. In the event the City- determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety(90) day period set forth above. • • EXHIBIT, PAGE r ' Client/:160922 SMARGENI ACORD„, CERTIFICATE OF LIIABnIUTf [INSURANCE DATE(RINUDD/YYYY) 1011b12021 1 THIS CERTIFICATE IS ISSUED AS A MATTER 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 policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions 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). j PRODUCER NAMEACT Mary Griffin EPIC Insurance Midwest PHI{ONE a FAX (iuo.No,Eat): (NC,No): 36 S.9th Street ADDRESS; mary.L.grltfin@eplcbrokers.com Richmond,IN 47374 INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:FCCI Insurance Company 10178 INSURED INSURER B:BuslnessFlrst Insurance Company ,11697 Smarrelli General Contractor,Inc. INSURER C: 136 South 2nd St. • . INSURER D: • • Richmond,IN 47374 INSURER E: , INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN9R TYPE OF INSURANCE AD RL SUER MO_ POLICY NUMBER (MM oD EFF (MMIDDYA'YYY) LIMITS LTR A X COMMERCIAL GENERAL LIABILITY )( X CPP10003253904 11/01/2021 11/01/2022 DEAACCHHOOC7COUR�RENCE $1,000,000 CLAIMS•MADE X OCCUR PREMISES IEe occuuencel $100,000 MED EXP(Any one person) $5,000 PERSONAL A ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,060,000 POLICY JEC7 PRO- n LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ `�'_A AUTOMOBILE LIABILITY X X CA10001915604 11101(2021 11/01/2022 EaaccidenljINGLELIMIT s1,000,000 X ANY AUTO BODILY INJURY(Per parson) $ — OWNED SCHEDULED BODILY INJURY(Per accident) $ _AUTOS ONLY _AUTOS PROPERTY DAMAGE X AUTOS ONLY X AUT SONLY (Per accident) $1,000,000 .� — S A x UMBRELLA LIAB )( OCCUR X X UMB10001915504 11/01/2021 11/01/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS•MADE AGGREGATE s5,000,000 DED RETENTION$ . - $ H B WORKERS COMPENSATION X 52118957 11/01/2021 11/01/2022 9T TUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N E.L.EACH ACCIDENT $1,000,000 . OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH • ) D E.L.DISEASE-EA EMPLOYEE $1,000,000 Dyes,describe under DESCRIPTION OF OPERATIONS below • E.L.DISEASE"-POLICY LIMIT $1,060,000 • DESCRIPTION OF OPERATIONS!LOCATIONS i VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) li CERTIFICATE HOLDER • CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Richmond THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 50 N.5th Street ACCORDANCE WITH THE POLICY PROVISIONS. f'—' • Richmond,IN 47374 . AUTHORIZED REPRESENTATIVE i �j — �y� f•� p � � 1988.2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 Th6"ACO atnaand4og81 V Surer s o RD #532704331M3270123 MGR1F