Loading...
HomeMy Public PortalAbout020-2015 - Sanitary - Rust Construction Inc. Cell 4C constructionAGREEMENT ORIGI 414Z THIS AGREEMENT made and entered into this _Y_ day of ftd��4, , 2015 and referred to as Contract No. 20-2015 by and between the City of Ric mohmoh nd, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Rust Construction, Inc., 418 West State Road 258, Seymour, Indiana 47274 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to construct City's New Paris Pike Landfill Cell 4C Liner Project, including the Base Bid and Alternates 4, 5, 6, 7, and 8. A Request for Bids containing Certain Specifications sent out October 12, 2014 has been made available for inspection by Contractor, is on file in the offices of the Department of Sanitation for the City of Richmond, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Bids is attached hereto as Exhibit "A", which Exhibit is dated December 9, 2014, consisting of twelve (12) pages, and is also hereby incorporated by reference and made a part of this Agreement. 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 total sum not to exceed One Million Four Hundred Forty -One Thousand Eight Hundred Fifty -Nine Dollars and Zero Cents ($1,441,859.00) for complete and satisfactory performance of the work required hereunder. Contract No. 20-2015 Page 1 of 6 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the project, subject to the provisions concerning Time of Completion and Liquidated Damages contained in the Bid Specifications, incorporated herein by reference (Final Completion by December 31, 2015). 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 and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete 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. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, 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 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. Coveraee Limits A. Worker's Compensation & Statutory Disability Requirements Page 2 of 6 B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $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 E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each 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 COMMON CONSTRUCTION WAGE LAW Contractor shall comply with all provisions of Indiana Code 5-16-7 Common Construction Wage law, and shall, during all of Contractor's work under this Agreement, provide the City with complete and accurate certified payroll documents. Contractor shall use the forms provided by the Department of Public Work and Engineering. Such documents shall be submitted within seventy-two (72) hours of each pay period for work completed under this Agreement. Should Contractor fail to timely supply the City with said documents, or if the City has questions concerning the documents submitted, City reserves the right to do any of the following: a. Stop payments to Contractor under this Agreement; b. Interview employees to verify wage payments; C. Request from Contractor copies of cancelled payroll checks; d. Report Contractor to the Indiana Department of Labor; e. Report Contractor to the Internal Revenue Service; f. Consider Contractor to be "non -responsive"; g. Consider Contractor to be in breach of this Agreement; and/or h. Refuse to hire Contractor for future contracts with the city. SECTION VIII. 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 Page 3 of 6 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 tenninated 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 IX. 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 5-22-1.6.5, 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 X. WITHHOLDING RETAINAGE, AND CLAIMS FOR PAYMENTS Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the event Contractor fails to timely pay any subcontractor, laborer, or material supplier for the performance of services or delivery of materials under this Agreement that the Board of Sanitary Commissioners for the City shall withhold payments in an amount sufficient to pay the subcontractors, laborers, material suppliers, or those providing services. Contractor further understands, acknowledges, and agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12. SECTION XI. 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 Page 4 of 6 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 monies 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 XII. 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 for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XIII. 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shalt constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, 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. Page 5 of 6 Any person executing this Contract in a representative capacity hereby warrants that he 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 due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or 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. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitarx Commissioners By: ..-tX� Sue Miller, President &-�) V__al� Gilbert Klose, Vice President 4t��&� , ens, Member Date: A 10 A /S, APPROVEI! �46/1 / Sarah L. Hutton, Mayor Date: — I;h �-- "CONTRACTOR" RUST CONSTRUCTION, INC. By:,/// Printed:( S°'t �• �a u ) Title: Date: 2 y/Z,-- Page 6 of 6 % i �! x CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 C Slate Form 52414 (R2 / 2-13) / Form 88 (Revised 2013) Prescribed by State Board of Accounts W PARTI (To be completed for all bids. Please type or print) .Date (month, day, year): December 9, 2014 1. Governmental Unit (Owner): Richmond Sanitary District 2. County: Wayne County, Indiana 3. Bidder (Firm): Rust Construction Inc. P. O. Box 100 City/State/ZiPcode: Seymour, IN 47274 4. Telephone Number: 812-497-2400 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 Richmond Sanitary District (Governmental Unit) in accordance with plans and specifications prepared by Cardino ATC and dated October 2014 One Million, Three Hundred Ninety Four Thousand, One Hundred Seventy Four Dollars S 1,394,174.00 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 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, 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 (if applicable) I, 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 hereby certify that I 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. EXMt3iT __ PAG� E� ACCEPTANCE The above bid is accepted this day of , subject to the following conditions: Contracting Authority Members: PART it (For projects of $150,000 or more —1C 36-1-12-4) Governmental Unit: Richmond Sanitary District Bidder (Firm) Rust Construction Inc. Date (month, day, year): December 9, 2014 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 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 10,500.00 Erosion Repair 2013 Hendricks Co. Commissioners, Danville, IN 92,868.00 Mine Reclamation 7-14 State of Indiana, DNR, Indianapolis, IN 110,320.00 Drainage Maintenance 2-14 Madison Co. Drainage Board, Anderson, IN 46016 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 1,332,687.00 Landfill Cell Construction 12-14 City of Glasgow, Glasgow, KY 42141-2602 EXHIBIT A PAGE -J_OF_� 3. Have you ever failed to complete any work awarded to you? NO if so, where and why? 4. List references from private firms for which you have performed work. See attached List - Waste Management -Heritage Environmental -Rumpke of Indiana LLC -Goecker Construction SECTION II PLAN AND 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.) Work will be completed using usual and customary construction practices as directed in the plans and specifications. 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. EXH113l7 PAGE 3 0i= Rust Construction Inc. SECTION I 4 References - Private Firms John Hattersley Rumpke of Indiana, LLC 10795 Hughes Road Cincinnati, OH 45261 513-851-0122x3162 513-825-4983 FAX Cell 5 & Cell 5 Piggback Liner System 2008 Cell 71-iner System & Cell 1& 2 Final Capping 2012 _ Cell 8 &9Liner System & Cell 3 Final Capping 2013 Twin Bridges Landfill, Danville, IN Mass earthmoving & construction of Cell 7& Cell 8 2001-2002 Mass earthmoving,cell constr.,soccer fieid,airfield 2004 Mass earthmoving,cell constr. 2006 Mass earthmoving,cell constr. 2009 Mass earthmoving,cell constr. 2010 Lawrenceville Landfill, Lawrenceville, IL - Celt construction 2001 Liberty Landfill, Monticello, IN - Cell construction 2003 Bill Berry 765-435-2704 Heritage Environmental Services, LLC 766 435-3716 FAX 4370 West 1275 N Roachdale, IN 46172 Roachdale Landfill, Roachdale, IN Year Mass Earthmoving and Cell construction 2004 Mass Earthmoving and Cell construction 2006 Mass Earthmoving and Cell construction 2014 Robert Goecker Goecker Construction Inc. 540 E B Avenue Freeman Field Seymour, IN 47274 Commercial Building Site Prep -parking lot -roadway Commercial Building Site Prep. & parking lot SECTION If 2 Subcontractors Lee Taylor Taylor Geosynthetics P. O. Box 27 Danville, IN 46122 Provided and installed geosynthetic liners for landfill cells 812-622-4760 Year 2007-08 2010,11,12,13 317-209-1903 317-209-1905 FAX EXHIBIT PAGE �OF !�1 Loudermilk Contracting 812-726-4474 2048 N Loudermilk Rd. Vincennes, IN 47591 Seeding of large scale projects Myers Sod Farm LLC 812-525-8261 1519 E. Co. Rd 600 N Seymour, IN 47274 Seeding of large scale projects King's Trucking & Excavation, Inc. 812-522-6973 9804 E. Co. Rd. 600 E Seymour, IN 47274 Excavation & Clearing 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? If not, please explain the rationale used which would corroborate the prices listed. Yes. SECTION ill 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 �i VPAGE Co OF_Lr Rust ConstructionEquipment Bk1LLbOZERS Description Serial Number 12/1/2014 D6H#27 D4H LGP #29 _ Cat 6 16S HP _ Cat Series 111 6 Way105HP - Cat 8SU 285 HP with ripper 3ZF4363 9GJ01441 5TJO0999 -� D6MXL#31 D6M LGP #34 EARTHMOVERS4 Cat 6 140 HP 6 way blade _ Cat 6 140 HP 6 way blade 3WN01411 4JN01075 — --- _ 61 i P26 GRADERS Cat 611 Sc iper 6SZOO196 12G#8 Cat Grader Mi 5477 - --�— EXCAVATORS, GRADALLS & BACKHOE _ 416C Backhoe _ Cat/Forks/12" & 24" BucketRO8772 5210 Gradall &72" buckets 4NB3DO0187 106330DLCat/54" 325C LH LOADERS 1845C 279 Caterpillar Case Skid Steer Caterpillar Skid Steer _ --" Cat Compactor Cat CompactorMComp. BFE01807 JAF0243235 GTL00526 17ZO1637 �- ROLLERS 815 B 815 ky CP433C _ SD1000 Cat Single Drum Vi2JM00726 Ingersoll Rand Smo 157884 MATERIAL HANDLERS TH842C Terex Telehandler 24386 TRUCKS -� RC 6 - - _ Ford Ton Truck F-700 1 FOPK74POKVA31713 R_C23 Ford F550 Mechanics Tr. 1 FDAF56F52EC14446 RC 27 -- GMC 6500 1GDL7D1G7HV505684 ~ RC 28 RC 29 _ _ Chevy Silverado 4x4 Chevy Silverado 4x4 1 GCHK29UOGE160857 1GCHK29U96E280334 _ RC30 Mack Tractor 1 Mi AJ07Y27NO10653 _ RC31 --- Chevy Silverado T 1GCHK33647FS10681 1GCHK29UO3E202374 -- RC32 Che 250 Pickup-- `�Y RC33 _ Ford F150 Super Crew Pickup _ iFTPW14VX8FB26822 RC34 Ford F350 Utilty Truck 1FDWF35916EA71621 RC35 International _ 4700LP Service- 1HTSLAAM9WH584385 _ RC36 _ Ford F150 Pickup RC37 Ford F350 Super Duty Diesel — - - OFF -ROAD TRUCKSY---- TR 10 Cat 730 6x6 Art Tr. _ 81 M00612 TR 11 _ Cat 730 6x6 Art Tr. B1 M00137-" TR 12 _ Cat 730 6x6 Art Tr. -- B1 MO0134 y TR 13 Cat 730 Art. Ejector Truck B1 WO0236 _TRACTORS, ACCESSORIES & MISCELLANEOUS - 6400 JD John -"-. _ "- Deere 85 HP L0640OV189742 --- 4555 JD _. John Deere RW45_55P007315 - - 4720 JD John _ Deere 1 LV472OHLAH8400 99 12' Rome Disc Rome 8TACW-295R - 12' Taylorway Disc Taylorway �- -- - 8' Disc Fork Lift 461 Fork Truck 461620019 U Rust ConstructionEquipment W�rr�vLaanj oiuwanaa not Snot N5 3000 72" Ditching Bucket Warner & Swase _ 72 Ditchin Bucket y__ ... - �� Warner & Swasey —�__. 7__Broom Bradco Welder - HS-0712-162671 314817-2 8644-6002 Portable Welder Bobcat Welder --- 6500 Watt Generator Box _Spreader --- 2 - Dual Plane Lasers & masts Miller Miller Honda Attaches to D5 - -"--- --- EALC-1023424 __ --- - --- Stump & Brush Grinder Modell 000 72" 3.29cyd _ _. Straw Blower Crimper _Woods (for 330DL) Finn Model #UB220 ---- 88137 Endgate Seeder 14' Box Blade Pipe Fusion machine - McElroy 28 -'- — - #14PB DIPS Fusion machine _ ��... C48884 McElroy -Pit Bull_ Z Topcon GPS Systems _ HyperLite Base & Rover -"- Bullseye Laser Receiver 2 3" Trash pumps _ --� -- 6" Pump - Diesel 18 - Portable Radios Thompson 14R06TSC00050 Motorola CP200 RTV 900 Turf Truck _ Kubota — - 8 Ton Spreader Stolzfus -- 613C 5000 G Water Wagon Caterpillar 92XO0952 Water Wagon Betterbilt 3000 G Water Wa on Balzer Utility Trailer T15 _ Lightning `-- Utility Trailer T16 Doolittle TK_110 Trailer Tl8__ Trail King ~- - 2l' Dump Tr T19 ierzen - .Utility TrLEE. Corn Pro Hilti CoWackerHand ___Hand Coelle - 2 7800 ----�� - - Z720A Zohn Deere TC720AE011566 _:IL i=XH161' 1� F'AG ]COI I - 33653 164987 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 sale. SECTION V OATH AND AFFIRMATION I HEREBY 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 Seymour, IN this 9 day of December . 2014 Rust Construction Inc. ACKNOWLEDGEMENT STATE OF Indiana COUNTY OF Jackson ) ss Before me, a Notary Public, personally appeared the above -named) L 9 and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 9 _ day of December 2014 Notary Public My Commission Expires: 6-4-2016 County of Residence: Jackson (E-XHIBIT PAGE _!I_OF. n N rg I Of O O M N EXHIBIT � PAGE �..GF Lt. a 12f812014 3:24 PM Rust Conskuc6on Inc. Confidential Bid Summary for Proiect: 12-09-2014- uote-New Paris Pike Landfall -Richmond -Cell 4C.xlsx uanlit Ullll 1 Earthwork Mob/Demob 1 2 Gcosynthetics Mob/Demob LS $ 53,000.00 $ 53,000.Oi 3 Geos nthetics Crew Standb I LS $ 2,315.00 $ 2,315.01 4 Dewalerin ,Surface Water, Erosion Control, Dust 1 Da $ 2,390.00 $ 2,390.A, 5 Excavate wither Phase 4C and Stock ite Non -Liner Soils I LS S 15 900.00 $ 15,900.0( 6 Excavate within Phase 4C and Stock ite Liner Soils East of 95,600 18,500 Cy $ 4.11 S 398,652.0( 7 Build Haul Road to the East of Phase 4C from North 0 CY S 4.1 I $ 76,035.0( Perimeter Road Down to Cell Floor Level Incidental $ $ - 8 9 Proofroll Sub. -A. Re air Unstable Sub a 5.73 AC $ 1,050.00 S 6016.50 t0 Structural Fill in Phase 4C using Soils Excavated in Phase 30 600 CY $ 6 $ 1,0.00 4C CY $ 5..75 $ 3,450.00 I 1 Recompacted Soil Liner Constructed from Soils taken from 18,500 CY $ Stock ile East of Phase 4C 593 Acres x 2.0' 5.88 S 108,780.00 12 To ofCta Surface `-ion 5.73 AC $ 13 Geosynthetic Clay Layer Placed over Compacted Soil Liner 252,300 SF 1,650.00 $ 9,454.50 and Anchored with Geomembrane 5.79 acres $ 0.61 $ 153,903.00 14a Leachate Collection Washed River Gravel (5.79 acres x 1.0 9,500 TN $ x1.5T/CY+additional 60T for Leachate Collection Sump). 19.79 $ 188,005.00 ,.cast Son woctc ile.elect Soil (use excavated non liner soil) along top of north 800 Cy $deslo 6.20 $ 4,960.00 erforated LeachatCollection Pi - 6" HDPE 21 or 17 olid Wall Leachate Collection Riser Pipe - 6" HDPE SDR 1 or 17 590 210 LF LF $ 12.00 S 7,080.00 S 13.00 $ 225.00 S 2,730.00 JIHDPE rforated Leachate Sum Pi I8" SDR17 lid %Va11 Leachate Sum Riser - 18" 1 iDPE SDR 17 rforated Leak -Detection Sump Pipe - 6" HDPE SDR 21 17 15 210 15 LF LFS90.00 LP $ 3,375.00 S 11,350.00 S 90.00 $ 1,350.00 lid Wall Leak -Detection Riser Pipe 6"HDPE SDR 21 or 210 LF $ 13.00 $ 2,730.00 DPE Flatslock Under Perforated Pipes in Leachate Sump d Leak Detection SumPE 1 LS S 1,500.00 S 1,500.00 Caps at Ends of Sump, Leak Detection, Leachate llection, & Underdrain Pi es I LS $ 2,000.00 S 2,000.00 25 nnanent Liner AnchorTrench at North Perimeter290 load LinerGeos thetics Tic -in Existing Liner Along West Side to Proposed Phase I 750 LF LS LF S10.00 $ 2,900.00 $ 2,300.00 S 2,300.00 $ 8.00 $ 6,000.00 42760-mil porary Anchor (w/ 4' x 8' x 1/2" OSB Plywood cover) ng East, South, and Southwest Sides of Phase 4C 1,290 LF $ 2.00 $ 2,580.00 Smooth HDPE Primary Geomembrane (2.74 acres) 119,400 SF $ 0.61 $ 72,834.00 28 60-mil Textured HDPE Primary Geomembrane (3.05 acres) 132,900 SF $ 0.84 S 111,636.00 29 30 16 071S Y Nonwoven Geotextile 5.79 acres) 6 Z/a Nonwoven Geotextile over Sump and 6" LCS Pipe 58'x58' + 500'x2O' 252.300 13,400 SF SF $ 0.36 $ 0.21 $ 90,828.00 S 2,814.00 31 32 Geomembrane Storntwater Fla Geos}nrthetic Clay Layer Placed Over Primary Geomembrane 0 3,400 None SF $ $ 1.00 $ $ 3,400.00 33 Geomembrane Glove Placed Over GCL and Welded to Primary Geomembrane 3,400 SF $ I.00 $ 3,400.00 34 35 16 36 Leak Detection La or - River Gravel 58-x5s1xt') 07JSV Nonwoven Geotextile 58'x58'+ 58'x58') Geomembrane Under Leak Detection La er 31400 6,800 0 SF SF None $ 1.27 S 0.40 $ $ 4,319.00 $ 2,720.00 $ EXHIBIT - _ PAGE _jj OF-LLI R:1RCMIds12014-11-25-New Paris Pike LandfiIR12.09-2014-Quote•New Paris Rketbandfill-Richmond-Cell 4C 1 of 2 12f8l2014 3:24 PM Rust Construction Inc, 37 Seconds 2'RecompampA Cla liner 252 CY 3,400 38 Manhole Mli3-7 with Pump Control Board and Dual Wall Piping. 8' HDPE 34" Diameter SDR 21 with hinged HDPE- Lid 39 4" SDR2l, HDPE Secondary Containment Pipe from MH3- 350 7 to Existing M143-6, SDR 17 ma be used 40 4" SDR21, HDPE Pipe to drain NU 13-7 over Anchor Trench 210 as Directed b RSD, SDR !7 rna be used 41 21SDR Pump Outflow Pipe to MH3.7 with 240 lick Connects every 100, 42 2" SDR 17, HDPE Pump Outflow Pipe from MH3-7 to MHk 350 6 with Quick Connects at Each Manhole 43 EPG Sum P one inslallcd and I spare) 2 44 EPG Electrical Panel wlth Connections to Leachale Pumps in Cell 3G and Cell 4C to Alternate their Flows to Forcemain I 45 Connect Electrical Power Source (provided by RSD) to New MH3-7 Panel I and Pump Four I10v Outlets Provided by Contractor Total of All Rents 1,1 Ihru L 45 Costs Alt. 1 ADD Excavate within Phase 4C and Stockpile Mon -Liner 9,300 Soils Near Active Landfillin Area Estimated uaniti(,) All. 2 ADD Recompacted Soil Liner (5.73 acres x 1') Constructed 9,300 from Soils taken from Existing North Stockpile when 3' Soil Liner is used Instead of GCL +2' Soil Liner Alt. 3 DEDUCT Geosythelic Clay Layer when 3' Soil Liner is -252,300 Used Instead of GCL + 2' Soi Liner 5.79 Acres Alt. 4 Perforated Sump Underdrain Pipe - 12" HDPE SDR 21 (as 20 directed by RSD Under Leak Detect Zone). SDR 17 May Be Used Alt. 5 12" Underdrain Bedding Gravel (3',x3'x20')(as directed by 7 RSD Under Leak Detection Zone Alt. 6 Solid Wall Sump Underdrain Riser Pipe-12" HDPE SDR 21 210 as directed by RSD under leak detection zone Aft. 7 Tem ors Pump and Power Generator for Underdrain I Aft. 8 Test Pad r`nne,.,, An... _ _.___ . T1VE IEXHIE31T _Z PAGE R:IRCRBids12014.11.25•Now Paris Pike LandflIR12.09.2014-Quote-New Paris MetMandfill-Richmond-Cell 4C LS LF LF LF LF EA LS CY CY SF LT CY LF EA LS Confidential b 0,53 $ 8,00.00 $ $ ; 8,000.00 i 12.00 $ 4200,002 10.00$ 2,100.0 0 $ .00 .0S 0 S 4,375.00 .00 S 9,800.00 S 11,700-001 $ S 19,600.00 11,700.00 6 6,800.00 (S 6.800 0n 5.00 S 46,500.00 6.15 S 57,195.00 a 0.60 S (151,? $ 57.00 $ I,1 $ i18.00 S 8 S 30.00 S 6.31 100.00 900.00 174.00 2 o12