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HomeMy Public PortalAbout006-2022 - ESG Laboratories - analysis quote 1 AGREEMENT THIS AGREEMENT made and entered into this I Si day of tJ_n u a r-ti , 2022, 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 Astbury Gabriel Corp. d/b/a ESG Laboratories, 5940 West Raymond Street, Indianapolis, IN 46241 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for analysis of wastewater and other polluted water samples, consisting of industrial/domestic wastewater,treatment plant wastewaters,river water and digester sludges, which shall include all necessary sample bottles plus weekly pickup at 2380 Liberty Avenue,Richmond, Indiana. All reports will be delivered via e-mail or facsimile transmission to the address or number provided by City,which may be amended from time to time,within fourteen (14) working days of receipt of the samples. All final reports will consist of an original signed copy with chain of custody attached. A Request for Quotes has been made available for inspection by Contractor,is on file in the office of the Department of Sanitation for the City of Richmond,consisting of two(2)typewritten pages, which is attached hereto and incorporated by reference herein as Exhibit"A". The response of Contractor to said Request for Quotes is attached hereto and incorporated by reference herein 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 furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. Contractor shall submit statements or bills monthly. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit(s)signed by Contractor in accordance with I.C. §22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide,at its own expense,competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor at the rates indicated in Exhibit `B" in an amount not to exceed Forty- One Thousand Four Hundred Sixteen Dollars and 00/100($41,416.00)per year. Contract No.6-2022 __.___— —_----------- 1 Page SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue in effect until in effect to an including December 31,2022. This City shall have the option to renew this Agreement, for the rates stated above, for the years 2023 and 2024. Should the City elect to renew this Agreement, it shall notify Contractor of this intent prior to the expiration of the Agreement, upon which Contractor agrees to execute such a renewal. The scope of services nor the consideration agreed to herein shall change in any subsequent renewal of this Agreement,unless otherwise agreed to by the parties in a writing executed with the same formality of this document. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part,for cause,at any time by giving at least thirty(30)days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure,for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report,other work product,or advice,whether oral or written,by the Contractor to the City that is incorrect,incomplete,or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made;or e. unavailability of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination,the effective date, and in the case of partial termination,the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty(30)days written notice to the other party. In the event of termination of this Agreement, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City,its officers, agents,or employees. Contractor shall as a prerequisite to this Agreement,purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of 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. 2 I Page Coverage Limits A. Worker's Compensation& Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors&Omissions Insurance $1,000,000 each occurrence $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law,and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5,22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement,Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a)(2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) 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 3 I Page City determines that terminating this Agreement would be detrimental to the public interest or public property,the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section,then pursuant to IC 22-5- 1.7-13 (c)the Contractor will remain liable to the City for actual damages. SECTION VIII.IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event Board determines during the course of this Agreement that this certification is no longer valid,Board shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor,the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,the Board reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety(90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10,Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire,tenure,terms,conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees: 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. 4 I Page 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 subj ect 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. 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 attomey'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. 5 I Page IN WITNESS WHEREOF,the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above,although signatures may be affixed on different dates. "CITY" "CONTRACTOR" The City of Richmond, Indiana, by and Astbury Gabriel Corp. d/b/a ESG through its Board of Sanitary Laboratories Commiss. ners �— _ ' i i By: �� ._ .Y' �) ue Miller,Presi end t Dated: <4i:%-#...1 (Printed): NMI el hf) 9 Title: veside,04-- m a s i,Vice President Dated: /f tr/A L Dated: 2 23/22 St Member Dated: /-1/ - of off- Zl APPROVED: r Sn or Dated: 0/ /3 2c — 6 I Page • Exhibit A 0.„ PRICE. REQUEST oyli cuY OF RIGUMOND DEPARTMENT OF SANITATION 2380 LIBERTY AVENUE•RICHMOND,INDIANA47374 THIS IS NOT AN ORDER PHONE(765)983-7450.PAX(765)962-2669 �; ,.�a-"�{ ,r s;. 4"' j'Kr;t"•yiS:.<`.. 4 - .a:h'::.?iie"''s:,Ft A is a�i 5� g ..., V:, .>"c�'�.C-`ic"h'(C-i ��:L2�r�F^'Sµ� _ _vY�. •r ri.Y,:-.�u=.i idSme.�•vg='z��?i-a, _s.- :�S_.�;'s; i;:1;:oY%'S.ecc ?asp:=.uti� S> ..-�. _ { -�._ £.-..- .c....,,-.mod VENDOR INSTRUCTIONS This is a request for a price for the services of materials ESG Laboratories described below. Any additional specifications may be attached hereto. This Is NOT an order and the City reserves 5940 West Raymond Street the right to accept all or part, or decline the entire proposal. Please complete your full name and phone-number below Indianapolis,IN 46241-4349 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 9:00A.M.October 26,2021 UPON RECEIPT OF INVOICE DELIVERED • DESCRIPTION This is a request for quotes for 2022 Contract Lab Duties, Please see attached specifications and bid sheets.Please include a Certification of Insurance(including Workman's Compensation)and warranty information with quote. E-Verify requirements will apply to this quote,Information enclosed. Return this sheet and the proposal sheet in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson,Customer Service Mg r 2380 Liberty Avenue Richmond,IN 47374 Re: 2022 Laboratory Quote Valid Until 54-41i µa.r y 2— 2.c2 — • Questions? Call Tim Orrill at 765-98$-7447. Cost$ �ljY �• % NAME OF FIRM QUOTING: Ar1rrJRv Gh6R`E� of P• a.b.a. Es Cr 1rabr3ra+er.s BY: STATE TAX EXEMPTION#003121909-001 Mat G. 13r s[Ji d A THORIZED a SIGNATURE LA6024r04 y Mgri1�t�,ER. TITLE /4,4417 l 317. L0D.ttI7i c1o3 Richmond Sanitary District DATE PHONE NUMBER Exhibit'A'page 1 of 2 City of Richmond,Richmond Sanitary District 2022 Contract Laboratory Request for Quote The Richmond Sanitary District,City of Richmond,Indiana,is requesting price quotations for the analysis of wastewater samples and other polluted water samples,consisting of industrial/domestic wastewater,treatment plant wastewaters,river water and digester sludges.Bids will be awarded on the basis of QA/QC information(i.e. detection limits,etc.)and overall pricing.The chosen vendor will be required to sign a City contract prior to conducting analytical work described in this request. The contract period will be one year,with a City(Richmond Sanitary District)option to renew the contract annually for two (2)additional one-year terms. The quotation must contain costs on an individual parameter basis and extended cost for each of the four groups identified as WWTP, Industrial/Domestic, River and Digester. Please use the attached Bid Price Schedule(4 pages)to indicate per unit and extended costs.Please note the total number of parameters and organic analyses identified in this quote request and attached Bid Price Schedule are estimates based on historical trends and anticipated future needs, and are not to be construed in any way as a guarantee of the volume of work to occur during the contract period. The quotation must include EPA approved analytical method used for each analysis,.a copy of your QA/QC standard o.eratin_ erocedures and a co of our DIVIRS A .roficienc stud results for the last two 2 ears. NI a,als41.a l .f s p.soo uc;e SE o est'a Ituntg((cam 701 qv t e s cemdmfgraCol'ffIL D 4l cs EA ftft cieteetion 9i 1 fib tan es kW, . The quoted costs must include all necessary sample bottles and weekly sample pick-up at our location at 2380 Liberty Avenue,Richmond,Indiana. The analytical results must be submitted to us by email or fax within 14 working days of receipt of the samples. The final report must be received as an original signed copy with the chain-of-custody report attached. This quote request and the attached Bid Price Schedule include the test parameters that are expected to be present during;the contract period.However,a situation may arise where analysis of a test parameter not indicated in this request is desired.Please provide a complete schedule of charges for all work and services performed by your facility for items not identified in this quote request. Please, contact.Tim Orrill at (765) 983-7447 or torrill@richmondindiana.gov if you have questions. Exhibit'A'page 2 of 2 ESG Laboratories 5940 West Raymond Street Indianapolis,IN 46241 Phone(317)290-1471 Fax(317)290-1670 10/22/2021 Denise Johnson City of Richmond Department of Sanitation 2380 Liberty Avenue Richmond,IN 47374 Subject: 2022 Laboratory Price Quotation ESG Laboratories is please to provide the following quotation for analysis of. WWTP, domestic/industrial wastewater,river sampling and digester analysis for the 2022 calendar year. Pricing includes all necessary sample bottles plus weekly pickup at 2380 Liberty Avenue, Richmond, Indiana. Reports will be delivered by e-mail or FAX within 14 working days of receipt of samples. The final report will consist of an original signed copy with chain of custody attached. We appreciate the opportunity to provide this pricing to you. If you have any questions or comments, please contact me a(317)290-1471 x103 or by email at:rbische c(Dastburvgroup.com. Thank you, ESG Laboratories cc: Exhibit'B'page 1 of 12 Richmond Contract Lab Quote Request,p.2 WASTEWATER TREATMENT PLANT Influent/Primary/ Secondary/Final Effluent:12 times/year(four locations-2` individual samples per parameter) parameter detection limit(mg/) Aluminum 0.020 Arsenic 0.0010 Mercury(245.1) 0.5(ug/L) Cadmium 0.00001 Chromium 0.00001 Copper 0.00020 Lead 0.0005 Molybdenum 0.0005 Nickel 0.0003 Zinc 0.002 Selenium 0.001 Antimony 0.0005 Beryllium 0.0005 Silver 0.0002 Thallium 0.0001 Hardness(CaCO3) 10.0 TKN 0.100 Nitrate-Nitrite Nitrogen 0.100 Total Dissolved Solids 1.0 COD 10.0 Oil and Grease 5.0 Amenable CN- <0.004 Influent/Final Effluent 2 times/year(two locations-4 individual samples plus required QC samples) parameter detection limit(nq/) JVlercury(1631 Rev E) 0.05-1 0 Influent/Final Effluent:6 times/year(two locations-8 individual samples per Analytical Method 24 Analytical Method complete scans) parameter detection limit(uqn) VOCs(Method 624)plus TICs* lowest achievable—must stipulate Acid Extractables/ Base-Neutral Compounds (Method 625) plus TICs* Pesticide/PCBs(Method 608)plus TICs* Exhibit'B'page 2 of 12 • Richmond Request for Quote,p.3 INDUSTRIAL/DOMESTIC 3 times/year(25 locations-75 individual samples per parameter) parameter detection limit(mg/1) Arsenic 0.0010 Mercury(245.1) 0.5(ug/L) Cadmium 0.0001 Chromium 0.0001 Copper 0.0020 Lead 0.0010 Molybdenum .0.020 Nickel 0.020 Zinc 0.010 Oil&Grease 5.0 Total Cyanide 0.0050 . Total Phenols 0.0050 Aluminum 0.050 Selenium 0.005 Silver 0.005 Chloride 10.0 Sulfate 5.0 Fluoride 0.10 1 time./year(20 locations 20 individual samples per Analytical Method) parameter detection limit(Ngil) VOCs(Method 624) lowest achievable-must stipulate Acid Extractables/ Base-Neutral: Compounds (Method 625) Pesticide/PCBs(Method 608) Exhibit'B'page 3 of 12 Richmond Request for Quote,p.4 RIVER SAMPLES 12 times/year(one location-dissolved metals,As,Cd,Cr,Cu,Pb,Hg,Mo,Ni,Se,Zn,Ag,Fe) 2 times year(eleven locations-22 individna1 samples pnarameter) parameter detection limit(mg,) Arsenic.(tot./diss.) 0.0100 Silver(tot./diss.) 0.005 CBOD5 2.0 Cadmium(tot./diss.) 0.0100 COD 10.0 Chromium(tot./diss.) 0.020 Copper(tot./diss.) 0.0050 Total Hardness 10.0 Mercury(245.1)(tot./diss.) 0.5(ug/L) Molybdenum (tot./diss.) 0.020 Ammonia—N 0.100 Nickel(tot./diss.) 0.020 Nitrate-Nitrite 0.500 Oil&Grease 5.0 Lead.(tot./diss.) 0.0010 Selenium(tot./diss.) 0.005 Total Cyanide 0.0050 Total Kjeldahl Nitrogen 0.100 Total Phosphorus as P 0.010 Total Suspended Solids 1.00 Zinc(tot./diss.) 0.010 Iron(tot./diss.) 0.005 Tot.=total metals Diss. =dissolved metals DIGESTER SAMPLES 6 times/year(5 locations approximately 102 total analysis) parameter Fecal Coliform Solids, Percent Total Arsenic Cadmium Copper Lead Mercury Molybdenum Nickel Selenium Zinc Polychlorinated biphenyls(PCBs) Volatile Acids Alkalinity(as CaCO3) Volatile Organics plus TICs* Base/Neutral/Acid Extractables plus TICs* Pesticides/Herbicides plus TICs* *TICs refer to"Tentatively Identified Compounds" NOTE:All results except volatile acids and alkalinity must be reported on wet weight AND dry weight basis Exhibit'B'page 4 of 12 — END i• 8 6\ ? % 91 al IIvid► 0 %1t, I11\ 0g1g1 $ka► ii► 9► %P31 A0000000 ooA q ': a w dp i 69 vj 69 69.69 69 69 69 69 69 69 69 69 69 69 w 69 u 69 69 69 69 69 i c •N O '7' 'd' d' d' .4- '7 'd' 'V' d' ,p , r+ .-, _, ,,O A b A 1O ' ,:1 as Cj' M 1fl Vl h Vl h h Vl he., .--. 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In 1 CL 'C N •� N ti• �--• O O 'd O g M �J • • 0 oQ ,-vs ;' oco• • oi &a-0 .4m •o V 715 m O o .., 0 = o 0 0 0 0 0 O ¢tiv5000UU ,•az F4 ,t3d ~ E-, F, Hv2Hz F- Exhibit'B'page 7 of 12 r 1 U �1 %\ al S\ ,1 %\ I1 91 1? ill i i ,1 91 i `61 4 11 4 $i �'\ �CI) 4, In r, $ N 1n 1 ,N �. r O `:;u ^', 0369E904ERWtoEAfR03d363u3U 03tHer) to W3 EnW' 69. 1 1 1 C Ul V U; k, V, V, U1 V, ul V, Ill V, Vi v, Vl Vi Vi V1 O O O .: 1p - [N N N N N N N N N N N N N N N N N N N N N l%1e ) i � %\ p� \ 0 �� A t g � i %\ ° , . o poNI� floo � a Vipoo (� �: � o NN LLI E ;i a. 0-.`i 6% SFr VT 69- 04 64 03 fR 64 04 04 Es, 04 03 EFr 04 yr 64 to 6% Ear K} 3 -1 (A.': -I co co co �"! C = o_ .-. •.-• 0 o O o O o 0 0 0 0 0 ♦I- 0 b O O N O O O O 41 V1 ,� VI o ,-. A .4 w O '' O O O O N N 0 0 0 O . —-.1 al E O Ul O O O O O O O h 0 0 . R. "" O U O U lV R1 cd 1.-, co • O O O O O O O O O O O O y YCDyo N = O O O f o 0 �°° ao � a ° 9 VD` So o ° ' N 4 soSt $� P h cnV �$ co ii o o .. • 1. b 0Ua .� . 'b 0b ° °' i U ' a1 I., �� a+ m W Z - .aoi w 0 R. b ?, .x 0 a. is g y 0_ -O 0 U :o al ;:, Z, Q UUU .- 2iV OEiEi4 ncnUci w > 4al w '- Exhibit'B'page 8 of 12 I • 1♦;-Verify Requirements: Definitions: E-Verify Program—A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act-of 1996(P.L. 104-208),Division C,Title 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 under the Immigration Reform and control Act of 1936(P.L.99-603). No perfonnance 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. UC Gau O Il O G DUN OUi NL omu OU O GU OO UNGOU UEl fl U O 0 I700 U II Nnn N ll C O O D U 00 0 0 0 N U G G O U O■•Ot OO bO■UU am ODBOO d0 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 the Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not lcnowingly 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 for actual damages. • • Exhibit'B'page 9 of 12 Affidavit of Employment Eligibility Verification The Contractor, eS Cr LA6.44-77,,t,E5 .,affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the • subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this zy day of 0e- ,20 2/ . (si afore) �NN C-. B rs ,� (printed naihe) • Exhibit'B'page 10 of 12 IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran.In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety(90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran.within ninety(90)days after the written notice is given to the Contractor,the City may proceed with any remedies it,may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety(90)day period set forth above. • • • Exhibit'B'page 11 of 12 — $ Client#:45930 ESGLABO ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD/YYYY) 12/18/2020 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(ies)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). PRODUCER NAOMNE.,- Christopher Ensminger EPIC Insurance Midwest PHONE a o FAX ,Ezt):317-706-9594 FX;No): P.O.Box 80159 n DRlEss: christopher.ensminger©a epicbrokers.com Indianapolis,IN 46280 INSURER(S)AFFORDING COVERAGE NAIL 0 INSURER A:The Cincinnati Insurance Company 10677 INSURED INSURER a:Bridgefield Casualty Insurance Company 10335 ESG Laboratories INSURER C:Indian Harbor Insurance Company 36940 5940 West Raymond Street Indianapolis,IN 46241-1729 INSURER D: 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. INTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR—WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) - - - LIMITS A X COMMERCIAL GENERAL LIABIUTY X X EPP0174377 01/01/2021 01/01/2022 EEAApCCMHHq��OEECCCTppURRENCE S1,000,000 CLAIMS-MADE I XI OCCUR PREMISES(laouzEence) $500,000 1 MED EXP(Any one person) S 10,000 - PERSONAL&ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG S2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X EPP0174377 01/01/2021 01/01/2022!aeccl E/JINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ —AUTOSNED ONLY SCHEDULED - BODILY INJURY(Per accident) $ AUTOS X HIRED ONLY X NON-OWNED PROPERTY DAMAGE S _ AUTOS ONLY (Per accident) $ A _X UMBRELLA LIAB vOCCUR X X EPP0174377 01/01/2021 01/01/2022 EACH OCCURRENCE S11,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $11,000,000 DED RETENTION S - S B WORKERS COMPENSATION X 19642116 01/01/2021 01/01/2022 X STATUTE IER AND EMPLOYERS'LIABILITY OTH- ANY PROPRIETOR/PARTNER/EXECUTIVEY/N E.L.EACH ACCIDENT S1,000,000 OFFICER/MEMBER EXCLUDED? rid, .N/A (Mandatory lnNH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional PEC002455113 01/01/2021 01/01/2022 $1,000,000 Per Claim Liability $1,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Any person or organization,as required by written contract or agreement requiring insurance,is included as additional insured with respects to the General Liability and Automobile Liability policies. Coverage on the General Liability and Automobile policies is primary and non-contributory where required by written contract or agreement. A waiver of subrogation in favor of any person or organization,signed prior to a loss,as required by (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Richmond Sanitary Dist. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2380 Liberty Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Richmond,IN 47374-0000 AUTHORIZED REPRESENTATIVE i ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2840175/M2840135 Exhibit'B'page 12 of 12 CENSM —