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HomeMy WebLinkAboutBid PacketBID PROPOSAL SUMMARY PAGE qi�.';Com lete the -following information and lace as the cover a e t�� P g p P g ;. t� Jour bid packet. Insert all documents into an envelope with j - LJ project name and your company name clearly marked on the t outside. Seal the envelope. The prices indicated on this sheet shall be read aloud during the bid opening and shall match the prices indicated in Part 2 of the Bidders Itemized Proposal and Declarations. Company:��:dG '�'�'�'S 6 prod"s Project Name: Project #16 -SW -08 Small Structure Pipe Lining: Culverts 65, 92,122 & 128 and Storm Sewer Locations A, C, & D Date Submitted: kvs 3 ( Base Bid Amount: CITY 0.017 CARMEL q� of CAr* PROJECT MANUAL Small Structure Pipe Lining: Culverts 65, 92, 122 & 128 And Storm Sewer Locations A, C, & D Project No. 16 -SW -08 HAMILTON COUNTY, INDIANA City of Carmel Engineering Department One Civic Square Carmel, Indiana 46032 Office: (317) 571 - 2441 Jacob Isenburg, P. Date: 7/14/2016 -� Prepared by: HWC Engineering 135 N. Pennsylvania Street, Suite 2800 Indianapolis, Indiana 46204 Phone: 317-344-3663 Fax: 317-347-3664 L_. \\\\O\` �0 IiIIIIII//// L. ISFy� 6% �\,QG GASTER' No.11300295 STATE OF D t4 %''/'//,,S/0NAIL '\\\\ SUBJECT NOTICE TO BIDDERS BID PROPOSAL SUMMARY PAGE INSTRUCTIONS TO BIDDERS BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS POST BID SUBMITTAL MAINTENANCE BOND PAYMENT BOND PERFORMANCE BOND AGREEMENT APPENDIX A ADDITIONAL REQUIREMENTS City of Carmel Sample Forms STANDARD GENERAL CONDITIONS (INCORPORATED BY REFERENCE) Article 1- Abbreviations and Definitions Article 2 - Preliminary Matters Article 3 - Contract Documents Article 4 - Availability of Lands; Physical Conditions Article 5 - Bonds and Insurance Article 6 - Contractors' Responsibilities Article 7 - Work by Third Parties Article 8 - OWNER's and ENGINEER's Status During Construction Article 9 - Changes in the Work Article 10 - Change of Contract Price Article 11 - Change of Time; Liquidated Damages; Delays and Hindrances Article 12 - Warranties, Test and Defective Work Article 13 - Payments to CONTRACTOR and Completion Article 14 - Suspension of Work and Termination Article 15 - Dispute Resolution Article 16 - Miscellaneous Attachment A to Article 15 TECHNICAL SPECIFICATIONS FIGURES APPENDIX A — IDNR GENERAL LICENSE LANGUAGE FOR OUTFALL STRUCTURES APPENDIX B — MAIN STREET PERMITS (CULVERT 65) APPENDIX C — BEECH DRIVE PERMITS (CULVERT 122) APPENDIX D — BEECHTREE COURT PERMITS (CULVERT 128) APPENDIX E — COOL CREEK DRIVE PERMITS (LOCATION A) APPENDIX F — WHISPERING TRAIL PERMITS (LOCATION D) PAGES NTB-1 ITB -1 BID -1 POSTBID-1 BB -1 MB -1 PMB-1 PFB-1 A-1' NO G-1 G-5 G-7 G-8 G-13 G-17 G-28 G-29 G-31 G-32 G-36 G-38 G-41 G-48 G-50 G-52 G-58 TS -1 NOTICE TO BIDDERS City of Carmel, Indiana Department Board of Public Works and Safety One Civic Square City of Carmel, Indiana 46032 Project: Small Structure Pipe Lining of Culverts 65, 92,122 & 128, and Storm Sewer Locations A,C,&D Project No. 16 -SW -08 Notice is hereby given that the Board of Public Works and Safe for the Ci of Carmel Hamilton County, Indiana will receive sealed Y g� Safety City ty, bids for the above described "Project" at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) until 10:00 a.m. EST on August 3, 2016, and commencing as soon as practicable thereafter on the same date such bids will be publicly opened and read aloud in the Council Chambers of City Hall. No late bids will be accepted. All bids and proposals shall be properly and completely executed on the proposal forms provided with the plans and specifications, which will include the non -collusion affidavit as required by the State of Indiana. The bid envelope must be sealed and have the words 'I "BID - Project #16 -SW -08: Small Structure Pipe Lining of Culverts 65, 92,122,128, and Storm Sewer Locations A, C, & D. I ; A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be submitted with each bid. A one - , hundred percent (100%) performance and payment bond will also be required of the successful bidder. It is intended that actual 1 construction of all work divisions shall be started as soon as practicable, and each bidder shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of the following: The pipe lining of the existing small structure Culvert 65 on West Main Street The pipe lining of the existing small structure Culvert 92 on Keystone Avenue. The pipe lining of the existing small structure Culvert 122 on Beech Drive The pipe lining of the existing small structure Culvert 128 on Beechtree Circle The pipe lining of the existing storm sewer at Location A on Cool Creek Drive The pipe lining of the existing storm sewer at Location C on Lakeview Drive The pipe lining of the existing storm sewer at Location D on Whispering Trail Contract Documents for the Project may be examined at http://reprographix.com or the following locations: City of Carmel Repro Graphix Department of Engineering - 151 Floor 437 North Illinois Street One Civic Square Indianapolis, IN 46204 Carmel, IN 46032 (317) 637-3377 (317) 571-2441 Copies of such drawings and project manuals will be available for pick-up or delivery through the online plan room operated by Repro Graphix at http://www.reprographix.com. Plan room registration is free. The plan charge will be listed on the online plan room. Payment i% may be made by check, credit card, or cash. NO DEPOSITS accepted. Make checks payable to Repro Graphix. All payments and costs of Contract Documents are non-refundable. Bidders shall assure that they have obtained complete sets of drawings and Contract Documents and shall assume the risk of any errors r or omissions in bids prepared in reliance on incomplete sets of drawings and Contract Documents. This Project will be funded by the City of Carmel. A pre-bid conference for discussions of the Project, the bidding requirements and other important matters will be held on July 25, 2016 at 10:00 A.M. in the Caucus Room on the 2nd Floor of City Hall (One Civic Square). All prospective bidders are invited to attend the pre-bid conference. The pre-bid conference is not mandatory. For special accommodations needed by handicapped individuals planning to attend the public bid opening meeting, please call or notify the city of Carmel, Engineer's Office, at (317) 571-2441 at least forty-eight (48) hours prior thereto. No bidder may withdraw any bid or proposal within a period of thirty (30) days following the date set for receiving bids or proposals. The City of Carmel Board of Public Works and Safety reserves the right to hold any or all bids or proposals for a period of not more than thirty (30) days and said bids or proposal shall remain in full force and effect during said period. The City of Carmel reserves the +' right to reject and/or cancel any and all bids, solicitations and/or offers in whole or in part as specified in the solicitations when it is not - in the best interests of the governmental body as determined by the purchasing agency in accordance with IC 5-22-18-2 NTB-1 INSTRUCTIONS TO BIDDERS City of Carmel OWNER: City of Carmel by and through its Board of Public Works and Safety Project/Work: Small Structure Pipe Lining of Culverts 65, 92, 122, & 128 and Storm Sewer Locations A, C, & D. Project Number: 16 -SW -08 Owner's Representative: Jeremy Kashman, City Engineer One Civic Square Carmel, IN 46032 1. GENERAL 1.1. Submission of a Bid shall constitute an unconditional Agreement and acknowledgment by the Bidder to be bound by all terms and conditions set forth herein and in any of the Documents assembled or referred to in the bound Project Manual of which these Instructions To Bidders are a part. 1.2. Sample forms are included in the Project Manual to acquaint Bidders with the form and provisions of various Bid Documents and other Documentation required by the Contract Documents to be executed, completed and submitted by some or all Bidders, either as part of a Bid Submission or after the Bid Date. Such sample forms are not to be detached from the Project Manual, or filled out or executed. Separate copies of such forms and any other required Documentation prescribed by the Contract Documents have been or will be furnished separately by the OWNER and must be obtained directly from the Department of Engineering, One Civic Square, First Floor, Carmel, Indiana 46032. l 1.3. Instructions and requirements printed on any sample form included in the Project Manual or any form not so included but required to be completed, signed or furnished by a Bidder as part of a Bid Submission or after receipt and opening of Bids shall be deemed requirements established by these Instructions To Bidders to the same extent as if fully restated herein. 1.4. All communications for the administration of the Contract shall be as set forth in the General Conditions and, in general, shall be through the City of Carmel, Department of Engineering. `. 1.5. The Unit Cost Schedule included as "Part 3" in Section 5.2.1 hereof is to be completed for the Project Bid. 1.6. The construction completion time is shown in Technical Specification paragraph TS 4 and is as follows: Culvert 65: 10 Calendar Days Culvert 92: 7 Calendar Days Culvert 122: 7 Calendar Days ITB -1 F! 2.12. Work - The entire construction or, the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work is the result and 4 product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. r The pipe lining of the existing small structure Culvert 65 on West Main Street The pipe lining of the existing small structure Culvert 92 on Keystone Avenue The pipe lining of the existing small structure Culvert 122 on Beech Drive The pipe lining of the existing small structure Culvert 128 on Beechtree Circle The pipe lining of the existing storm sewer at Location A on Cool Creek Drive The pipe lining of the existing storm sewer at Location C on Lakeview Drive The pipe lining of the existing storm sewer at Location D on Whispering Trail In all other respects, terms used herein shall have the meanings as stated in the Standard General Conditions or other Contract Documents. u 3. EXAMINATION OF SITE AND DOCUMENTS 3.1. Before the Bid Date, all Bidders shall carefully and thoroughly examine and inspect the entire site of the proposed Work and adjacent premises and the various means of approach and access thereto by means of a site inspection visit, and make all necessary l' investigations to inform themselves thoroughly as to the facilities necessary for delivering, placing and operating the necessary construction equipment, and for fr delivering and handling materials at the site, and shall inform themselves thoroughly as to any and all actual or potential difficulties, hindrances, delays and constraints involved in r, the commencement, prosecution and completion of the proposed Work in accordance with the.requirements of the Contract Documents. 3.2. It shall be the sole responsibility of Bidders to make borings, test pits and to conduct such other investigations at or near the site of the proposed Work as they deem necessary to determine the character, location and amount of materials to be encountered or other subsurface conditions which could affect the manner, cost or time required to perform the Work. 3.3. Bidders shall carefully and thoroughly examine the plans, specifications and other Contract Documents and/or Project Manual as available in the locations stated in the Notice to Bidders and shall assume the full risk of their own judgments as to the nature, quality and amount of the whole of the Work to be done, and for the price Bid must assume all risk of any and all variances or errors in any computation or statement of amounts or quantities necessary to complete the Work in strict compliance with the Contract Documents. ~. 3.4. Elevations of the existing ground surface or structures at the site of the Work as shown on the plans are believed to be reasonably correct, but are not guaranteed to be absolutely so and are presented only as an approximation. Bidders shall satisfy themselves as to the ? correctness of all elevations. 3.5. Information stated or depicted on plans concerning the location, dimensions, depth and other characteristics of underground structures and utilities is given only as general information and shall not be construed or relied upon by Bidders as a representation or assurance that such structures or utilities will be found or encountered as plotted, or that such information is complete or accurate. Bidders, therefore, shall satisfy themselves by such means as they may deem proper as to the location of all structures and utilities that ITB -3 "Part 5 - Exceptions" "Part 6 - Financial Statement" "Part 7 - Additional Declarations" "Part 8 - Non -Collusion Affidavit" "Part 9 - Signatures" It 5.2.2. Bid Security in the form of a Bid Bond or Certified Check in an amount not less than ten percent (10%) of the Bid price. Such Bid Security shall serve as security to insure the execution of the Agreement and the furnishing of other required Documents by the successful Bidder, including Performance and Payment Bonds. A sample Bid Bond form is included in the Project Manual and such form, or such r? other form as may be approved in advance by OWNER, shall be utilized if such a bond is furnished as Bid Security. A Bid Bond shall be executed by a surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of "Surety Companies Acceptable on Federal Bonds," as published in the U.S. Treasury Department Circular No. 570; the Bidder shall also furnish as part of the Bid Submission a signed power of attorneX establishing the authority of the person .. executing such Bid Bond on behalf of the surety. Bid Security shall be held until the Contract is executed with the successful Bidder. In the event that all Bids are J'J rejected, the Bid Security of all Bidders will be returned upon request. No f "Annual" Bid bonds, cash deposits or cashiers' checks will be accepted. 5.3. Bids may be withdrawn in person by a Bidder during normal hours of business prior to';, the time fixed for opening of Bids. In the event of a valid withdrawal of a Bid, the Bid ,Security of the withdrawing Bidder will be returned promptly. No Bid may be withdrawn fC. after opening of Bids has commenced except after expiration of such period following the Bid Date as is specifically provided in the Notice to Bidders or as otherwise governed by law, plus any extension thereof as provided elsewhere in these Instructions To Bidders. 5.4. Bids will be received at the office of the City of Carmel Clerk Treasurer, One Civic 9 Square, Carmel, Indiana (City Hall) until 10:00 a.m., local time, August 3, 2016. Bids received after that time will be returned unopened. All Bids will be stamped showing the date and time received. 6. POST -BID REQUIREMENTS Within three (3) business days of notification by OWNER, the apparent lowest _ responsive Bidder will be required to submit additional Documents and satisfy additional requirements as conditions to such Bidder being found by the OWNER to be a responsible Bidder, as follows: 6.1. Proof of Insurability. The Bidder shall furnish: (1) proof of insurance showing existing coverage in accordance with the terms and amounts stated in the General Conditions, or (2) a letter or statement certifying that, in the event that the Bid is awarded by the OWNER, an insurance company will provide the required coverage to the Bidder submitting the Bid. Such proof of insurance or the letter/statement shall be issued by a financially responsible insurance company authorized to do business in the State of Indiana. 6.2. Surety Letter of Intent. The Bidder shall furnish a written statement or letter from a t Surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of "Surety Companies i 8.1. Within three (3) business days after the award notice, the successful Bidder shall sign and deliver at least five (5) counterparts of the Agreement, utilizing the form thereof included in the Project Manual and make delivery thereof to the OWNER, along with other Documents as prescribed by the Contract Documents. After execution and delivery of the Agreement and other required Documents, and acceptance thereof by the OWNER, the Bid Security furnished by each Bidder will be returned to the respective Bidders upon, - request. 8.2. If the Bidder fails or neglects to execute and deliver the Agreement and other required Documents as prescribed by the preceding sub -section, the Bidder shall be deemed to have repudiated the Contract and thereupon the award shall be null and void; and the Bid Security provided by the Bidder shall be forfeited to and retained by the OWNER as liquidated damages for such failure of the Bidder to execute the Contract, it being understood and agreed that the character and amount of actual damages sustained by the OWNER cannot reliably be ascertained and measured and that the amount of the Bid Security is intended as a reasonable prospective estimate of such actual damages. —. 8.3. Concurrently with the execution and delivery of the. Agreement to the OWNER, or within i such other period as the OWNER may prescribe, the successful Bidder (CONTRACTOR) shall submit the following as conditions to the Bidder's right to �7 proceed with and receive payment for any Work: I. - 8.3.1. A complete list of all Subcontractors to be used on the Work; 8.3.2. A one hundred percent (100%) Performance Bond, a one hundred percent (1'00%) Payment Bond and a ten percent (10%) Maintenance Bond as prescribed -by the _ General Conditions or other Contract Documents. Such bonds shall be executed utilizing the sample forms included in the Project Manual or alternative forms approved in advance by the OWNER. Indemnification clauses between successful Bidder and the Surety shall not be binding upon the OWNER; 8.3.3. The preliminary 'schedules required by Paragraph 2.7 of the Standard General Conditions; 8.3.4. A schedule of- wages to be paid by the Bidder and his/her Subcontractors to laborers for the Work; and 8.3.5. Other post -Bid submittals required by the Contract Documents. 9. LIQUIDATED DAMAGES 9.1. The Contract Documents provide for the payment of liquidated damages in the event of unexcused failure by the CONTRACTOR to complete the Work within the time required by the Contract Documents. 9.2. The per diem rate(s) of liquidated damages established by the preceding sub -section have been determined and are intended as reasonable prospective estimate(s) of the type and amount of actual damages which the OWNER may sustain in the event of such delay(s). Submission of a Bid shall constitute an unconditional acknowledgment and Agreement by the Bidder that such liquidated damages are fair and reasonable and do not and will not constitute a penalty, and that such liquidated damages may be assessed and recovered by the OWNER as against the successful Bidder and its Surety in lieu of actual damages r for delayed completion. END OF INSTRUCTIONS TO BIDDERS �� ITB -7 BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized. Project: Small Structure Pipe Lining of Culverts 65, 92, 122, & 128 and Storm Sewer Locations A, C, & D. Project Number. 16 -SW -08 Proposal For Construction of : The pipe lining of the existing small structure Culvert 65 on West Main Street. The pipe lining of the existing small structure Culvert 92 on Keystone Avenue. The pipe lining of the existing small structure Culvert 122 on Beech Drive The pipe lining of the existing small structure Culvert 128 on Beechtree Circle The pipe lining of the existing storm sewer at Location A on Cool Creek Drive The pipe lining of the existing storm sewer at Location C on Lakeview Drive The pipe lining of the existing storm sewer at Location D on Whispering Trail Date: l- U tiU 3. �20l(=, To: City of Carmel, Indiana, Board of Public Works and Safety I BID -1 PARI[' 2 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perfonu and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total: Base Bid: Rue, 1nunckrtrr.1'. r Z;, Dollars a� a� 2.2 General The Bidder acknowledges that evaluation of the lowest Bid shall be based on the total of the Base and selected Alternate Bids if applicable. The Bidder acknowledges that the Owner reserves the right to award the Contract for the Base Bid alone, for the Base Bid plus selected Alternate Bids if applicable - The Bidder further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. -- The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to be perfonned or furnished under the Contract. BID -3 Itemized Proposal Project 16 -SW -08 Small Structure Pipe Lining of Culverts 65, 92,122, & 128 and Storm Sewer Locations A, C, & D Item # Item Quantity Unit Unit Cost Total Cost 27 Maintaining Traffic, Culvert 128 LS 1 D 0 Subtotal 3 (3 t Location A 28 Pipe Lining, [type], Location A, 37"x33" LF 200 29 Perpetuation, Existing Pie EA 2oZJ� &4960:2i 30 Pipe End Section EA 2 ` jLjo ` -000 31 Riprap TON 29 F 32 Geotextiles SYD 37 33 Dewatering, Location A LS 1 34 Backfill CYS 4 Rcc 35 Mobilization and Demobilization LS 1 RC;>D0 Row 36 Restoration/Erosion Control, Location A LS 1 p? oo il-o o2L1U0 w 37 Video Inspection, Location A LS 1 Cka o� RDCD= ate) — 38 Maintaining Trak, Location A LS 1 ARwoo , ;Z -o ®" Subtotal 1 0 Location C 39 Pipe Lining, [type], Location C, 12" LF 78 40 Pipe Lining, [type], Location C, 24" LF 61 41 Pipe Lining, [type], Location C, 33" LF 353 3;15 `� �lq,L4a5 = 42 Pipe, RCP, 30" LF 77 -34M 43 Backfill CYS 61 44 Perpetuation, Existing Pie EA 4 45 Dewatering, Location C - LS 1 _ 46 Mobilization and Demobilization LS 1 o2Cx-) -- 47 Restoration/Erosion Control, Location C LS 1 dnDel p W 48 Video Inspection, Location C LS 1 Ro7� o -iia"_ 49 Maintaining Traffic, Location C LS 1 0' 1000'- Subtotall' Location D 50 Pipe Lining, [type], Location D, 15" LF 180 pp 51 Flared End Section, 15" EA 1 pZOOD 12 CODS 52 Riprap TON 6 c" ' U00""' 53 Geotextiles SYD 16j 54 Dewatering, Location D LS 1 �) 55 Mobilization and Demobilization LS 1 56 Restoration/Erosion Control, Location D LS 1 p1l�l��`� - ^' PART 4 CONTRACT DOCUMENTS AND ADDENDA y 4.1 The Bidder agrees to be bound by the terms and provisions of all Contract Documents as defined in the Standard General Conditions and incorporates such Contract Documents t herein by reference. 4.2 The Bidder acknowledges receipt of the following addenda: ADDENDUM NUMBER DATE jl PART 6 FINANCIAL STATEMENT a�l v- 6.1 Attachment of Bidder's fmancial 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 OWNER must be specific enough in detail so that OWNER can make a proper determination of the Bidder's capability for completing the Work/Project if awarded. Information on Bidder's company and financial statement shall be consistent with the information requested on the State Board of Accounts Forms #96a and #102, entitled "Standard Questionnaires and Financial Statement for Bidders". it 7. !i r� �I t -J I r1 .I 1 I I t I l f BID -9 I PART 8 NON -COLLUSION AFFIDAVIT The individual person(s) executing this Bid Proposal, being first duly sworn, depose(s) and state(s) that the Bidder has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be Bid by another person, or (ii) to prevent any person from Bidding, or (iii) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any other Bids and without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such Bidding in any way or manner whatsoever. PART 9 SIGNATURES [Signature by or on behalf of the Bidder in the spaces provided below shall constitute execution of each and every Part of this Itemized Proposal and Declarations Document. SIGNATURE MUST BE PROPERLYNOTARIZED.] Bidders Name: Written Signature: Printed Name: Title: Hi11:d LJCA"S QJawt, n' Uny-Ncy- (�+�i�► fit- Important - Notaryature and Seal Required in the Space Below STATE OF t� sL0 SS: COUNTY OF 464�&k�e) _! Subscribed and sworn to before me this oP' day of Pq)G19 S , r 20 t6. My commission expires: �X. ?-WY Y (Signed) ".6s" Ly54G'--, Printed: 1 OV-Zr\ 'Au,,,,��� `l' sMLQicn County, State of Kates L Bade *;. t taryPubk MeofMb <s .. My Comm w 112.2018 -- BID -11 City of Carmel Engineering Department Carmel Project 16 -SW -08 I � AGREEMENT City of Carmel, Indiana THIS AGREEMENT is made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("OWNER') and j ("CONTRACTOR"), concerning the project ("Project Number 16 -SW -08 "SMALL STRUCTURE PIPE LINING OF CULVERTS 65, 92, 122, & 128, AND STORM SEWER J LOCATIONs A, C, & D") described more particularly in Appendix A which is attached hereto and incorporated herein by reference. RECITALS: -, A. The OWNER has heretofore caused to be prepared certain plans, specifications and other documents (collectively, the "Contract Documents") as hereinafter listed pertaining to the J Project, and the. CONTRACTOR has filed a Bid proposal ("Proposal") to furnish labor, Irk tools, material, equipment and/or services, and to perform the work ("Work") called for J in the Contract Documents pertaining to the Project, upon the terms and for the price(s) therein fully stated and set forth; and r 'I i I B. The said Contract Documents accurately and fully describe the terms and conditions upon -' which the CONTRACTOR is willing to furnish the labor, tools, material, equipment, _ services, and perform the Work called for by the Contract Documents and in the manner and time and for the price(s) set forth therein. THE OWNER AND CONTRACTOR AGREE AS FOLLOWS: ' 1.0 Contract Documents 1.1 This Agreement consists of the following Contract Documents all of which are as fully a —I part of this Agreement as if set out verbatim herein or attached hereto and the same do in all particulars become the Agreement between the parties hereto in all matters and things set forth herein and described: { a. This Agreement, including any attachments hereto; b. All Addenda issued prior to receipt of Bid proposals, whether or not receipt thereof has been acknowledged by CONTRACTOR in its Proposal; C. The Specifications; d. The Additional Requirements; e. Notice to Bidders; f. Instructions to Bidders; - g. Plans and Drawings; _ h. Performance, Payment and Maintenance Bonds; i. CONTRACTOR'S Itemized Proposal and Declarations; and j. All other documents defined as Contract Documents in any of the, above listed _ documents. 1.2 In resolving conflicts, errors, discrepancies and disputes concerning the nature, character, scope and/or extent of Work to be performed or furnished by the CONTRACTOR hereunder, or other rights and obligations of the OWNER and/or CONTRACTOR, the provision of a Contract Document expressing the greater quantity, quality or scope of the Work, or imposing a greater obligation upon the CONTRACTOR, or affording a greater A-1 5 City of Carmel Engineering Department Carmel Project 16 -SW -08 5.2 Termination f Except as expressly stated to the contrary herein, this Agreement may be suspended t and/or terminated upon such terms as are set forth in Article 14 of the City of Carmel, Standard General Conditions for Construction Contracts 2003 (the "General Conditions"), as incorporated herein by this reference. ' In the event any amount allegedly due hereunder is disputed and such dispute is not resolved to OWNER's satisfaction within ten (10) business days after notice of such hl dispute is given to CONTRACTOR, OWNER shall pay such amount as is in dispute, under protest, into the. City Court of Carmel, which Court shall hold such money until notified of a resolution signed by both parties hereto or until a final judgment is entered thereon. 5.3 BindingEffect ffect OWNER and CONTRACTOR and their respective officers, officials, partners, successors, executors, administrators, assigns- and legal representatives are bound by this Agreement to the other party hereto and to .the officers, officials, partners, successors, executors, administrators, assigns and legal representatives of such other party in all respects as to all covenants, agreements and obligations contained and/or incorporated herein. 5.4 No Third Party Beneficiaries Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER or CONTRACTOR. 5.5 Relationship ^! The relationship of the parties hereto shall be as provided for in this Agreement, and CONTRACTOR, as well as its agents, employees, contractors, subcontractors, outside sources and other persons shall in no fashion be deemed to be an employee of OWNER. Furthermore, CONTRACTOR shall be solely responsible for payment to or `—� for its agents, employees, contractors, subcontractors, outside sources and other persons all statutory, contractual and other compensation, benefits and obligations due thereto, and OWNER shall not be responsible for same. Rather, the Contract Price to be paid hereunder by OWNER to CONTRACTOR shall, subject to the terms and conditions hereof, be the full and maximum compensation and monies required of OWNER to be paid to CONTRACTOR pursuant to this Agreement. 5.6 Insurance CONTRACTOR shall maintain such bonds and insurance as are set forth in Article 5 of the General Conditions. 5.7 Indemnification CONTRACTOR shall indemnify and hold harmless OWNER, its officers, officials, employees, agents and legal representatives, from all losses, liabilities, claims, judgments and liens, including, but not limited to, all costs, expenses and attorney fees, arising out of any intentional or negligent act or omission of CONTRACTOR and/or any of its agents, employees, contractors, subcontractors, outside sources j and/or other persons in the performance of this Agreement. The failure to do; so shall constitute a material breach of this Agreement. This indemnification obligation shall survive the termination of this Agreement. - A-3 All headings and sections of this Agreement are inserted for convenience only and do not forma part of this Agreement nor limit, expand or otherwise alter the :: meaning of any provisions hereof. ,! 5.18 Advice of Counsel The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, have had the opportunity for the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily and without any duress, undue influence, coercion �I or promise of benefit, except as expressly set forth herein. 5.19 Entire Agreement This Agreement, together with any attachments hereto or referenced herein, constitutes - the entire agreement between Vendor and City with respect to the subject matter hereof, - and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 5.10 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail, unless the parties hereto, or their successors in interest, expressly and in writing agree otherwise. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto set their hand on the dates below written: �_� A-5 City of Carmel Engineering Department Carmel Project 16 -SW -08 5.13 Waiver r, Any delay or partial inaction on the part of OWNER in exercising or pursuing any right and/or remedy provided hereunder or by law shall not operate to waive . any such rights or remedies. 5.14 Exhibits All exhibits and/or appendices referenced herein, whether marked 'Exhibit", "Appendix", or by some other title, shall be considered a part of this Agreement. 5.15 Prior Agreements This Agreement contains all of the agreements of the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, representations, and/or contracts, either oral or written, respective thereto. 5.16 Representation and Warranties _- Each party hereto represents and warrants that it is authorized to enter into this Agreement and that such party, in executing this Agreement, has the authority to + ld i bind such party or the party which it represents, as the case may be. 5.17 Headings All headings and sections of this Agreement are inserted for convenience only and do not forma part of this Agreement nor limit, expand or otherwise alter the :: meaning of any provisions hereof. ,! 5.18 Advice of Counsel The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, have had the opportunity for the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily and without any duress, undue influence, coercion �I or promise of benefit, except as expressly set forth herein. 5.19 Entire Agreement This Agreement, together with any attachments hereto or referenced herein, constitutes - the entire agreement between Vendor and City with respect to the subject matter hereof, - and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 5.10 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail, unless the parties hereto, or their successors in interest, expressly and in writing agree otherwise. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto set their hand on the dates below written: �_� A-5 City of Carmel Engineering Department Carmel Project 16 -SW -08 APPENDIX A PROJECT: Small Structure Pipe Lining of Culverts 65, 92, 122, & 128 and Storm Sewer Locations A, C, & D Project No. 16 -SW -08 WORK: As described by the Project plans and Contract Documents including, but not limited to: The pipe lining of the existing small structure Culvert 65 on West Main Street The pipe lining of the existing small structure Culvert 92 on Keystone Avenue The pipe lining of the existing small structure Culvert 122 on Beech Drive The pipe lining of the existing small structure Culvert 128 on Beechtree Circle The pipe lining of the existing storm sewer at Location A on Cool Creek Drive The pipe lining of the existing storm sewer at Location C on Lakeview Drive The pipe lining of the existing storm sewer at Location D on Whispering Trail OWNER'S REPRESENTATIVE: Jeremy Kashman, PE City Engineer City of Carmel One Civic Square Carmel, IN 46032 A-7 ADDITIONAL REQUIREMENTS Following are sample forms proposed to be used for the issuance of change orders, field orders, and work directive changes. Procedure for the development, submittal and processing of these forms will be discussed during the pre -construction conference. AR -1 TO: CITY OF CARMEL WORK DIRECTIVE CHANGE NO. DATE: PROJECT NAME: PROJECT NO.: Specification Reference Drawing Reference: DESCRIPTION OF WORK COVERED BY THIS DIRECTIVE CHANGE: REASON FOR THIS ORDER: AUTHORIZATION: THIS WORK DIRECTIVE CHANGE AUTHORIZES THE WORK TO BE COMPLETED AS OUTLINED. A Contract Change Order in the amount of $ will be issued to you in the near future to cover this Work Directive Change. PROJECT COMPLETION DATE: ADD/DEDUCT/UNCHANGED DAYS. By: Owner's Representative Approved By: CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY James Brainard, Mayor By: Mary Ann Burke, Member By: Lori Watson, Member DATE: ATTEST: Date: vau iJ1.111v U. 1 CAULV�', l�lVlll-11 VCL�Ul VL AR -3 W63 CITY OF CARMEL CONTRACT CHANGE REQUEST NO.: DATE: PROJECT NAME: FROM: IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE REFERENCED CONTRACT. 1. SCOPE OF WORK (USE ADDITIONAL PAGES IF REQUIRED. ALSO LIST OTHER CONTRACTS INVOLVED.) REASON FOR CHANGE: APPROXIMATE COST CHANGE TO CONTRACT PRICE: 4. WILL THE CONTRACT NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN WORK SCOPE? -YES -NO -(CALENDAR DAYS) 5. WILL THE CONTRACTOR NEED ADDITIONAL PERSONNEL TO COMPLETE THE CHANGE IN WORK SCOPE? -YES -NO IF NO, TRADE(S): NO. OF PERSONNEL: DURATION: 6. IDENTIFICATION OF ATTACHMENTS: DATE: REVIEWED BY: DATE: PREPARED REVIEWED BY: Comments and Recommendation: AR -5 ENGINEER 1.2 Defmitions: Wherever used and not otherwise defined in these General Conditions or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof. r Addenda/Addendum - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding documents or the Contract Documents. - , Agreement -The written Agreement between OWNER and CONTRACTOR covering the Work _ to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein sometimes referred to as "Contract". G-1- CITY OF CARMEL - STANDARD GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS 2003 ARTICLE 1- ABBREVIATIONS AND DEFINITIONS i 1.1 Abbreviations: The following abbreviations have the following meanings: AA - Aluminum Association AASHTO- American Association of State Highway & Transportation Officials '-' ACI - American Concrete Institute AFBMA - Anti Friction Bearing Manufacturers Association n AGA - American Gas Association AGMA - American Gear Manufacturers Association AHDGA - American Hot Dip Galvanizer Association AISC - American Institute for Steel Construction AISI - American Iron and Steel Institute ANSI - American National Standards Institute ARI - American Refrigeration Institute ASCE - American Society of Civil Engineers ASHRAE- American Society of Heating, Refrigeration & Air Conditioning Engineers - ASME - American Society of Mechanical Engineers ASTM - American Society of Testing and Materials AWPI - American Wood Preservers Institute - AWS - American Welding Society AWWA - American Water Works Association CBRI - Copper and Brass Research Institute CS - Commercial Standard (U.S. Department of Commerce) - FTI - Facing Title Institute Fed. Spec. FS - Federal Specification (U.S.) -IEEE - Institute of Electrical and Electronic Engineers IPCEA - Insulated Power Cable Engineers Association MSS - Manufacturers Standardization Society of the Valve and Fitting Industry r -i NCMA - National Concrete Masonry Association NEC - Li National Electric Code (U.S.) NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPC - National Plumbing Code PS - United States Product Standards SAE - Society of Automotive Engineers - SCPI - Structural Clay Products Institute UL - Underwriters Laboratories 1.2 Defmitions: Wherever used and not otherwise defined in these General Conditions or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof. r Addenda/Addendum - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding documents or the Contract Documents. - , Agreement -The written Agreement between OWNER and CONTRACTOR covering the Work _ to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein sometimes referred to as "Contract". G-1- Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes �i effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER - The person, firm or corporation named, employed or designated as such by the OWNER to act as such and designated to observe the Work, acting directly or through duly authorized representatives. Field Order - A written order issued by ENGINEER or OWNER which orders minor changes in the Work in accordance with Section 8.5 but which does not involve a change in the Contract Price or the Contract Time. Furnish - Purchase and deliver to the work site. When used in connection with the terms "Work' or services, the term shall also mean perform. Install - Incorporate into the Work equipment and materials furnished by others or the CONTRACTOR. Laws and/or Regulations - Laws, rules, regulations, ordinances, codes, administrative actions and/or orders of any court or governmental agency or unit. Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon -compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligation under the Contract Documents. OWNER - The City of Carmel, Indiana, acting by and through the agency or Department designated in the Agreement or other documents issued in solicitation of Bids; and such term -- shall also Include the Project Manager or other duly appointed representative of such agency or department but shall not include ENGINEER. Partial Utilization - The placement of a portion of the Work in service, or beneficial occupancy and use thereof, for the purpose for which it is intended (or a related purpose) before Substantial Completion of all the Work. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Provide - Furnish and install. G-3 Specifications (including drawings and designs), (ii) In the time, method or manner of performance of Work, (iii) in facilities, equipment, materials, services or site, and (iv) directing acceleration in the performance of the Work. A Work Directive Change will not by itself change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order. Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non -engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Bonds. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such bonds as CONTRACTOR may be required to furnish in accordance with Article 5. 2.2 Delivery of Insurance. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR also shall deliver to OWNER, with a copy to ENGINEER, certificates of Insurance (and other evidence thereof as requested by OWNER) which. CONTRACTOR is required to purchase and maintain in accordance with Article 5, and` OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which is required to purchase and maintain in accordance with Article 5. 2.3 Copies of -Documents. Unless otherwise specified, OWNER shall furnish to CONTRACTOR five (5) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 2.4 Commencement of Contract Times Notice to Proceed. Subsequent to or concurrently with the execution of the Agreement, OWNER shall give CONTRACTOR a written Notice to Proceed specifying the date on which CONTRACTOR shall commence the Work. The date designated in the Notice to Proceed shall be the date on which the Contract Time will commence to run. 2.5 Starting the Project. CONTRACTOR shall start to perform the Work on the date designated In the Notice to Proceed, but no Work shall be done at the site prior to the date of the Notice to Proceed. 2.6 Before Starting Construction. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures, standards, quantities, materials, field measurements, access, and other requirements or conditions affecting the work, CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, discrepancy or other adverse condition or circumstance which CONTRACTOR may discover, and shall obtain a - written interpretation or clarification from ENGINEER before proceeding with any Work G-5, Applications for Payment, and to establish other procedures and understandings bearing upon coordination and performance of the Work. 2.9 Finalizing Schedules. At least ten (10) days before submission of the first Application for Payment, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate, will be held to finalize the schedules submitted in accordance with Section 2.7. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of Work to attain completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of values will be acceptable to ENGINEER as to form and I i substance. C _ ARTICLE 3 - CONTRACT DOCUMENTS 3.1 Integration of Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Indiana and without regard to the party by or for whom they were prepared or drafted. 3.2 Intent and Meaning. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance therewith. Any :Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. Notations, details or other descriptions which apply to one of a number of situations, materials, processes or work items shall apply to all except as specifically stated otherwise. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be given that meaning unless a different meaning is reasonably apparent as determined by the ENGINEER. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code or Laws or Regulations in effect at the time of opening of Bids. If said standard specification, manual or code or Laws or Regulations are promulgated, amended, revised or otherwise changed subsequent to the opening of Bids, CONTRACTOR shall notify OWNER who may direct compliance under Section 9.1. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees, or to limit or impair any right or remedy of the OWNER, as set forth in the Contract Documents, nor shall it be effective to assign to the OWNER, ENGINEER or any of their respective consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility, contrary to the provisions of Section 8.10 or 8.11. G-7 for reliance on such "technical data", CONTRACTOR may not rely upon and may not make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to . (i) the completeness of such reports and drawings for ,CONTRACTOR'S purposes, including, but not limited to, any aspects of the means, methods, techniques, f� sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings. 4.3 Differing Subsurface or Physical Conditions. If CONTRACTOR uncovers, observes or otherwise becomes aware of any subsurface or physical condition (other than Underground Facilities) at or contiguous to the site and believes that such condition either (i) differs materially from that shown or indicated in the Contract Documents, (ii) is of an unusual nature, and 'differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents , or (iii) is -of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.2 is materially inaccurate; then CONTRACTOR shall, immediately upon becoming aware thereof and before further disturbing or taking other action in respect thereof or performing any Work in connection therewith (except in an emergency as permitted by Section 6.21), notify OWNER and ENGINEER in writing about such condition, which notice shall state the CONTRACTOR's recommendations or proposals for taking action in connection;' with the conditions. 4.3.1 CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of a written directive from OWNER or ENGINEER to do so, but to the fullest extent possible CONTRACTOR shall continue to prosecute all other Work not affected by the conditions; 4.3.2 ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions; 4.3.3 If OWNER in consultation with the ENGINEER concludes that a change in the Contract Documents or other action is required because of the conditions, a Work Directive Change or other instructions or interpretations may be issued as provided in Article 9 to reflect and document the consequences of the conditions; 4.3.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, may be allowable, but only to the extent that (i) evidence of such conditions could not with the exercise of reasonable competence and diligence have been discovered or foreseen by CONTRACTOR prior to submission of the CONTRACTOR's Bid, (ii) the ` - CONTRACTOR, by the terms of the Contract Documents, has not assumed the risk of such conditions, and (iii) CONTRACTOR has explicitly fulfilled the +' written notice requirements provided by this Section 4.3. The CONTRACTOR G-9 anticipated project or for any claims, costs, losses or damages caused by or arising from any assessment, penalty or other liability imposed upon CONTRACTOR by utility companies or third parties. 4.5 Reference Points and Lam. OWNER or other.parties will provide engineering surveys for construction to establish reference points for construction as determined by ENGINEER to be necessary to enable CONTRACTOR to proceed with the Work unless otherwise specified. CONTRACTOR shall be responsible for laying out the Work, shall. locate all mechanical and electrical services uncovered by excavation, shall establish all grades, lines, levels and bench -marks, and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER when any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. CONTRACTOR shall maintain a bound surveyor's field notebook to accurately record all discrepancies, if any, discovered in OWNER's data. The field notebook shall be furnished to and become the property of OWNER upon completion of the Work. 4.6 Lines and Grades 4.6.1 All work under this Contract shall be constructed in accordance with the lines and grades shown on the Plans, or as given by ENGINEER. The full responsibility for keeping alignment and grade shall rest upon CONTRACTOR. CONTRACTOR shall establish base line controlling points. Reference marks for lines and grades shall be set by CONTRACTOR as the Work progresses and will be located to _ cause as little inconvenience to the prosecution of the Work as possible. CONTRACTOR shall place excavation and other materials so as to cause no inconvenience in the use of the reference marks provided. CONTRACTOR shall remove any obstructions placed by CONTRACTOR contrary to this provision at no cost to OWNER. 4.6.2 CONTRACTOR shall furnish and maintain, at his own expense, stakes and other such materials, and give such assistance, including qualified helpers, as may be required by ENGINEER for setting and checking line and grade reference marks. CONTRACTOR shall check such reference marks by such means as he may deem - necessary and, before using the reference marks, shall call ENGINEER's attention to any inaccuracies. CONTRACTOR shall, at his own expense, establish all working or construction lines and grades as required from the, reference marks set by ENGINEER, and shall be solely responsible for the accuracy thereof. CONTRACTOR shall, however, be subject to the check and review of ENGINEER. CONTRACTOR shall keep ENGINEER informed a reasonable time in advance as to his need for line and grade reference marks, in order that t they may be furnished and all necessary measurements made for record and payment with the minimum of inconvenience to ENGINEER or of delay to CONTRACTOR. When necessary, working operations shall be suspended for such reasonable time as ENGINEER may require for this purpose. G-11. - the appropriate agencies or authorities, (iii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing), (iv) establish site security by excluding unnecessary traffic and personnel from the affected area, (v) conduct operations -� within the affected area to minimize exposure to personnel and the general public - and to eliminate the potential for airborne dispersion, and (vi) as necessary to I carry out the requirements of this section, handle, store and/or dispose of Hazardous Materials in a proper manner. 4.7.5 CONTRACTOR shall remain responsible for the jobsite until OWNER has been notified of the uncovering or revealing of Hazardous Materials and OWNER has assumed formal control of the worksite from CONTRACTOR. 4.7.6 After completing the above obligations, CONTRACTOR shall be required to resume. Work in connection with such Hazardous Materials, if directed by OWNER, after OWNER has obtained any. required permits related thereto and established any special terms 'or conditions under which said Work shall be performed. 4.7.7 CONTRACTOR claims qualifying under this section are intended to be treated as differing site condition claims and therefore the provisions of Sections 4.2 and 4.3 apply. _ ARTICLE 5 - BONDS AND INSURANCE 5.1 Performance and Payment Bonds. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to one -hundred percent (100%) of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. All Bonds shall be in the forms prescribed by Law, Regulation, and the Contract Documents and be executed by such Sureties as (i) are licensed to conduct business in the State of Indiana, and (ii) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the power of attorney or other instrument establishing the agent's authority. 5.2 Maintenance Bond. CONTRACTOR shall, as a condition to OWNER's obligation to make final payment, supply a three (3) year Maintenance Bond executed by a surety meeting the qualifications set forth in the preceding Section and in such form as prescribed by the Contract Documents, which bond shall secure the obligations contained in Section 12.7, beginning on the date of Final Acceptance in an amount equal to ten percent (10%) of the contract amount as adjusted for Change Orders or such different percentage as may be specified by other Contract Documents. G-13 insurance shall further include coverage for damage to wires, conduits, pipes, mains, sewers, or other similar apparatus encountered below the surface of the ground when such damage is caused by any occurrence arising out of the performance of the Work, performed by CONTRACTOR or by any Subcontractor or anyone directly or indirectly employed by either. 5.4.2 The CONTRACTOR's insurance shall be written for not less than the following limits of liability: Workers Compensation & Disability: Statutory Limits Employer's Liability: ii $1,000,000 ij (i) Bodily Injury by Accident: $100,000 each accident i� (ii) Bodily Injury by Disease: $500,000 -- policy limit - (iii) Bodily Injury by Disease: $100,000 each employee Commercial General Liability (Occurrence Basis) Bodily injury, personal injury, property damage, contractual liability, products completed operations. NOTE: GENERAL AGGREGATE TO APPLY PER LOCATION/PROJECT - (i) General Aggregate Limit (other than ` Products/Completed Operations): $2,000,000 (ii) Products/Completed Operations: $2,000,000 (iii) Personal & Advertising Injury Limit: $1,000,000 Each Occurrence Limit: $1,000,000 Fire Damage (any one fire): $ 50,000 Medical Expense Limit (any one person): $5,000 G-15 enforcement of any applicable legal requirements and shall cover reasonable OWNER and ENGINEER services and expenses required as a result of such insured loss on a replacement cost basis without any deduction for depreciation or voluntary deductibles. - - This property insurance shall cover work stored off site as well as any work in transit. CONTRACTOR shall be responsible for the satisfaction of any deductible level it selects. OWNER is given the privilege to occupy and use the facilities as completed pending acceptance by the OWNER of the entire Project. The insurance specified by this Section shall include as named insureds CONTRACTOR and his subcontractors and all other parties named as insureds, as their interest may appear. This insurance is not intended to cover the tools, equipment and other such property of CONTRACTOR or his Subcontractors in performing the Work which is normally covered by such person's own property insurance which are not incorporated in the Project. The risk of loss as to all such property shall be borne by those parties, and they shall carry such insurance on such property as they shall determine. 5.7 Waiver of Subrogation. (Intentionally Omitted) 5.8 Acceptance of Insurance. If OWNER has any objection to the coverage afforded by or other provisions of the Insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article, on the basis of its not complying with the Contract Documents, OWNER will notify CONTRACTOR in writing thereof.within ten (10) days of the date of delivery of such certificates to OWNER in accordance: with Section 2.7. CONTRACTOR shall provide to OWNER such additional information in respect to insurance provided by CONTRACTOR as OWNER may reasonably request. Failure by OWNER to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by CONTRACTOR as complying with the Contract Documents. With the prior approval of OWNER, CONTRACTOR may substitute different types or amounts of coverage for those specified as long as the total amount of required protection is not reduced. 5.9 Partial Utilization Property Insurance. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use - or occupancy may be accomplished in accordance with Section 13.12; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected- the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. 5.10 No Limit To Liability. Nothing in this Article shall operate or be construed as limiting the amount of liability of CONTRACTOR to the above enumerated amounts. ARTICLE 6 - CONTRACTORS RESPONSIBILITIES - 6.1 Shu ervision. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with Contract Documents. G-17 BID BOND City of Carmel Instructions .I'o Bidders Bidders may use this.fririnn or other.forin containing the same Inaterial conditions and provisions tas approved in advance by OWNER/Obligee. Bidderl'Surety must attach a signet!, certified and elective dated copy of the Power of Attorney or Attorney -111 -fact establishing the authority of the person(v) signing this Bid Bond on behalfof the Surety. Surety company exec, this bond shall appear on the most current list of "Surety Companies Surety co 011 1'ede!'ill Bt)ntls, p,S spec f e4 in the U.S. .Treasury Department Circular 570, cls amended, and he authorized to transact business in the State of Indiana. KNOW ALL MEN BY "THESE PRESENTS, that the undersigned Municipal & Contractors Sealing Products, Inc. "Bidder": and "Surety": [Nantcj The Guarantee Company of North America USA [Address] One Towne Square, Suite 1470, Southfield Ml 48076... a corporation chartered and existing under the laws of the State of Michigan and authorizedto do business in the State of Indiana, are held and firmly bound. unto the City of Carmel, .Indiana ("Obligee") in the full and just sunt equal to ten percent (10%) of the price stated in the Bid Proposal described in Part. 2, including accepted alternates, if any, to be paid upon demand of the Obligee, together with .interest at the maximum legal rate from date of demand and any attorney fees and court costs incurTed by Obligee to enforce this instrument, to which payment wcl.l and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally and firmly by these presents. Ten percent (10%) of the price stated in the Bid Proposal is S_y511.`' WHEREAS, the Obligee has solicited Bids for certain Work, for or in furtherance of construction of public improvements described generally as Vinafl S'tructl[re Pipe Linitzg, of Culverts 65, 92, .122, & 124 and Stone Server Locations A, C, &D Project No. 16-S`1' 08 The pipe lining of the existing sniall structure Culvert 65 on !vest iVlrun ,Street The pipe linin,; of the existing small structure Culvert 92 on Keystone t1 venue The pipe lining of the existing small structure Culvert 122 on Beech Drive The pipe lining of the existing small structure Culvert 128 on .Beechtree Circle The pipe linin of the existnlg storin sewer at L ocatl.on f1 on Cool Creels Drive The pipe lining of the existing .storm server at Location C on I akevieiv Drive The pipe lining of the existing storm sewer at Location D on Whispering T rail pursuant to plans, specifications and other "Contract Documents" included as parts..of.and designated by, such solicitation; and WHEREAS, the Bidder has submitted to the Obligee a Bid Proposal to perform such Work. NOW THEREFORE: The conditions of this obligation are such that if the Bid Proposal be accepted. with or without conditions, the Bidder shall within such time thereafter as prescribed by the Contract. 1313-1 Documents (i) fulfill all conditions of such award that remain to be fulfilled, (ii) execute a Contract in accordance with the Bid Proposal and in the form and manner required by the Contract Documents, rind (iii) thereafter provide all bonds, and other Documentation required by the Contract Documents to be delivered to Obligee prior to commencing Work, including without limitation a sufficient and satisfactory Performance Bond and Payment Bond payable to Obligee, each in an amount of one hundred percent. (1.00'y) of the total Contract price .as awarded aiui in form and with surety satisfactory to said Obligee, e and remain in full force and virtue .in law, and the Surety then this obligation to be void; otherwise to b shall, upon failure of the Bidder to comply with any or all of the foregoing requirements within the time specified above and as prescribed by the Contract Documents, immediately pay to the Obligee, upon demand, the amount hereof, in good and lawful nioncy of the United States of America, not as a penalty, butas liquidated damages - IN TESTIMONY TREREOF, the Bidder and Surety have caused this instrunnent to be duly signed and sealed this 3rd day of August 20 16, This Bid Bond shall bind the undersigned Surety whether or not also signed by the Bidder. Municipal & Contractors Sealing Products, Inc. "Bidder" By: Printed: The Guarantee Company of North America USA "Surety" By: - Printed: Nancy Nemec, Attomey-in-Face- Countersigned: n/a=- 13I3-2 THE The .Guarantee Company of North America USA GUARANTEE Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Mark Nelson, Randal T. Noah, Stella Adams, Mary Beth Milling, Tiffiany Gobich, Kelsey Freytag, Liz Ohl, Nancy Nemec, Tammy Masterson, Evan R. Derr, G. Dale Derr, Elizabeth McDevitt Assured Neace Lukens Insurance Agency, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrume9t(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA .USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of.Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. me O O'ya °, yr 11 0 'P+hnmE�"4� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer County of Oakland Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorizedofficer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal. and each signature were duly affixed by order of the Board of Directors of a SY;S?;:?•i�� Cynthia A. Takai - Notary Public, State of Michigan County of Oakland �w,nr�r,V--.;_• My Commission Expires February 27, 2018 �^ = Acting in Oakland County IN WITNESS WHEREOF,- I have hereunto set my hand at The Guarantee Company of North America USA offices the day and -year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, whhich is still in full force and effect. o+T�o IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3rd day of t,45f 2016 A"�a� Randall Musselman, Secretary — THE GUARANTEE COMPANY OFNORTHAMERICA USA Home Office, Southfield, Michigan STA TUTOR YBALANCE SHEET December 31, 2015 ASSETS Cash and Short -Term Investments $ 52,709,033 Marketable Securities 145,082,101 Premium and Agents Balances (under 90 days) 3,727,495 Reinsurance Receivable on paid losses 2,517,537 _ Accrued Interest and Dividends 1,082,243 Other Assets 1,683,650 Total Admitted Assets $206,802,059 LIABILITIES Reserve for Losses and Loss Adjustment Expenses $ 8,741,072 Unearned Premium Reserve 15,481,043 Accrued Expenses 2,040,120 Ceded Reinsurance Premiums Payable 2,739,108 Taxes, Licenses and Fees Payable 213,292 Net Deferred Tax Liability 1,524,277 Funds Held 6,068,366 Other Liabilities 441,403 Total Liabilities $ 37,248,681 CAPITAL AND SUPLUS Common Stock and Paid -In Capital $144,020,970 Surplus 25.532,409 Total Policyholders' Surplus _ $169,553,378 Total Liabilities, Capital and Surplus $206,802,059 State of Michigan County of Oakland Stephen C. Ruschak being duly sworn, says: That he is the President & COO of The Guarantee Company of North America USA; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the laws of the State of Michigan, and has duly complied with all the requirements of the laws of said state applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duly qualified to act as surety under the Act of Congress of July 30, 1947, as amended (6 U.S.C. 6-13); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31" day of December 2015. Sworn to before me this 3rd} day of March 2016. Not Cynthia A. Takal Notary Public, State of Michlgan County of Oakland My Commission Expires February 27, 2019 Acting In Oakland County Stephen C. Ruschak, President & COO r „ BID GUARANTY AND CONTRACT BOND (SECTION 153.571 Ohio Revised Code) KNOW ALL BY TI'IESE PRESENTS, that we, the undersigned Municipal & Contractors Sealing_ Products Inc. 7740 Reinhold Drive, Cincinnati, OH 45237 (Name and Address) as Principal and The Guarantee Company of North America USA (Name of Surety) are hereby held and firmly bound unto the City Of Tipp City as Surety, as Obligee in the penal sum of the dollar amount of the bid submitted by the Principal to the Obligee on August 4, 2016 to undertake the project known as: 2016 Sanitary Sewer Sliplining Project The penal sum referred to herein shall be the dollar amount of the Principal's bid to the Obligee, incorporating any additive or deductive alternate proposals made by the Principal on the date referred to above to the Obligee. which are accepted by the Obligee. In no case shall the penal sum exceed the amount of dollars ($ )..If the above line is left blank, the penal sum will be the full amount of the Principal's bid, including alternates. Alternatively, if completed, the amount stated must not be less thari the full amount of the bid, including alternates, in dollars and cents. A percentage is not acceptable,) For the payment of the penal sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. TI-I.E CONDITION OF THE ABOVE OBLIGATION IS ST.JCII, that whereas the above named Principal has submitted a bid on the above referred to project; NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal fails to enter into a proper contract in accordance with the bid, plans, details, specifications, and bills of material; and in the event the Principal pays to the Obligee the difference not to exceed ten percent of the penalty hereof between the amount specified in the bid and such larger amount for which the Obligcc may in good faith contract with the next lowest bidder to perform the work covered by the bid; or in the event the Obligee does not award the contract to the next lowest bidder and resubmits the project for bidding, the Principal will pay the Obligee the difference not to exceed ten percent of the penalty hereof between the amount specified in the bid, or the costs, in connection with the resubmission, of printing new contract documents, required advertising and printing and [nailing notices to prospective bidders, whichever is less, then this obligation shall be null and void, otherwise to remain in full force and effect. If the Obligee accepts the bid of the Principal and the Principal, within ten days after the awarding of the contract; enters into a proper contract in accordance with the bid, plans, details, specifications, and bills of material, which said contract is made a part of this bond the same as though set forth herein; and S-29571GE 2/98 Page 1 of 2 XDP dw Ili TI -117 SAID Principal shall well and faithfully perform each and every condition of'such contract; and indemnify the Obligee against all damage suffered by failure to perforin such contract according to the provisions thereof and in accordance with the plans, details. specifications, and bills of material therefor; and shall pay all lawful claims ol'subcontractors, materialmen, and laborers; for labor perlonned and materials furnished in the cam-ing forward, performing, or completing of said contract; we agreeing and assenting that this undertaking shall be for the benefit of any matedalman or laborer having a just claim; as well as for the Obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated. THE SAID Surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of' said contract or in or to the plans and specifications therefor shall in any wise affect the obligations of said Surety on its bond, and it does herebv waive notice of any such modifications, omissions or additions to the terms of the contract or to the work or to the specifications. SIGNED AND SEAI.,ED This PRINCIPAL:,: 4th Municipal & Co�n�t�ra{ctors Sealing Products, Inc. BY: ��c' E)(/ �-" TITLE: V t.a Rt s I &n t day of August 2016 SURETY: The Guarantee Company of North America USA BY: IT atc-A Nancy Nemec ktcrne&- =act . SURETY COMPANY ADDRESS: One Towne Square, Suite 1470 Street Southfiled MI 48076 City State Zip 248-281-0281 Telephone SURETY AGENT'S ADDRESS: AssuredPartners NL, LLC Agency Name 285 Cozzins Street Street Columbus OH 43215 City State Zip 614-220-9245 Telephone NOTE: Failure by any party to sign Bid Guaranty and Contract Bond shall result in rejection of bid. S-2957/GE 2/98 Page 2 of 2 ' POST BID SUBMITTAL _ SEE ITB SECTION 6.4 - MANUFACTURERS LIST Instructions To Bidders: The Bidder shall enter, in the spaces provided below, the name of the manufacturer of equipment that the Bidder proposes to furnish for each item of equipment listed in the Manufacturers List which follows. The Bidder shall enter the name of only one manufacturer for each listed equipment item. Failure to enter a manufacturer's name for ( each listed equipment item may render the Bid non-responsive if it is determined that such omission is material by affording the Bidder a substantial advantage over other Bidders. Upon award of a contract, each listed equipment item shall be furnished by the named - manufacturer, unless changes are specifically authorized. Equipment substitutions will be permitted only with the OWNER'S prior consent. Preliminary acceptance of equipment listed by the manufacturer's name shall not in any way constitute a waiver of the Drawing and Specification requirements covering such equipment. Acceptance will be based on full conformity with the Drawings and Specifications covering the equipment. Equipment Item (Contract Items) Manufacturer POSTBID-1 thereon of new developments. These will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Conditions i applicable thereto. 6.7 Substitute or "Or Equal" Items. Whenever, in the Contract Documents, an article, ji material, apparatus, equipment, or process is called for by trade name or by the name of a patentee, manufacturer, or dealer or by reference to catalogs of a manufacturer or dealer, It shall be understood as intending to mean and specify the article, material, apparatus, equipment, or process designated, or any approved equal thereto in quality, finish, design, efficiency and durability and equally serviceable for the purposes for which it is intended. Whenever material or equipment is submitted by CONTRACTOR for approval as being i equal to that specified, the submittal shall include sufficient information and data to - demonstrate that the material or equipment conforms to all Contract requirements. The decision as to whether or not such material or equipment is equal to that specified shall be made by the OWNER in consultation with ENGINEER. Neither the approval of alternate material or equipment as being equivalent to that specified nor the furnishing of the material or equipment specified, shall in any way relieve CONTRACTOR of responsibility for failure of the material or equipment, due to faulty design, material, or workmanship, to perform the functions required by the Contract Documents. 6.8 Engagement of Subcontractors, Suppliers and Others. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. If the Contract 'Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER prior to the Effective Date of the Agreement, for acceptance by OWNER and -- ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Contract Documents, OWNER's or ENGINEER's acceptance or acquiescence as to any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, in which case the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject Defective Work or to pursue other rights and remedies in respect thereof. 6.9 Responsibility For Others. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of his Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor, Supplier or other person or organization, except as to warranties Laws or Regulations. If CONTRACTOR observes that the Specifications or Drawings are at variance with any such Laws or Regulations, CONTRACTOR shall give ENGINEER and OWNER prompt written notice thereof, and if OWNER in consultation - with ENGINEER determines any changes to be necessary such changes will be authorized by one of the methods indicated in Section 3.4. It shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, however, this shall not relieve CONTRACTOR of CONTRACTOR's obligations under this paragraph or under Section 2.6 or Section 3.3. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws and Regulations, and without such notice to ENGINEER and OWNER, CONTRACTOR shall bear the risk of all claims, costs, losses and damages caused by, arising out of or resulting therefrom. (� 6.15 Taxes. CONTRACTOR shall pay all sales, consumer, use and other similar taxes ' required to be paid by CONTRACTOR in accordance with the Laws and Regulations applicable to the place where the Project is located. OWNER is required by statute to withhold certain taxes, including Indiana State Gross Income tax, from all payments made j to non-resident contractors who are corporations and to remit such tax quarterly to the Indiana Department of Revenue. A foreign corporation which is registered with the Indiana Secretary of State to do business in Indiana shall be exempt from this withholding requirement. Exemption certificates for the Indiana Gross Retail tax (sales tax) for property that becomes property of OWNER and all Federal Excise tax can be furnished by OWNER and therefore such taxes shall not be included in the Contract Price. CONTRACTOR may request exemption certificate forms directly from OWNER. 6.16 Use of Premises. CONTRACTOR shall confine construction equipment, the storage of - materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents, as determined in the pre - construction meeting, and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises _ with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve —; the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) i arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising" out of CONTRACTOR's performance of the Work 6.17 Control of Waste. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste G-21 whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence 'of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with Section 13.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). Rei 6.20.3 Pursuant to I.C. 36-1-12-20, all Work which requires the creation of a trench or hole of at least five (5) feet in depth, shall be provided with a trench safety system. Trench safety systems shall meet all of the requirements of IOSHA Regulations 29 C.F.R. 1926, Subpart P or other applicable safety standards and regulations. The cost or compliance with any and all such regulations shall be borne by the r� CONTRACTOR without any increase in the Contract Price. OWNER shall pay for the trench safety system as a separate pay item if one is provided on unit cost work; or, if a separate pay item is not provided, OWNER shall pay for the safety system as part of the pay item or schedule of values item for the principal Work with which the safety system is associated, as determined by ENGINEER. 1 6.20.4 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. 6.20.5 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. 6.21 Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER and OWNER immediate written notice if CONTRACTOR believes that any significant changes in the Work or ~' variations from the Contract Documents are caused thereby. If OWNER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. r - 6.22 Shop Drawings and Working Drawings. 6.22.1 CONTRACTOR shall promptly prepare and submit layout, detail and shop drawings to insure proper construction, assembly, and installation of the Work using those materials and equipment specified in the Technical Specifications. Such drawings will be known as "Working Drawings". A schedule of Working Drawings submissions shall be submitted for ENGINEER's approval on a form G-23 6.22.5 If the Working Drawings show departures from the Contract requirements, _ CONTRACTOR shall make specific mention thereof in his letter of transmittal, otherwise approval of such submittals by ENGINEER shall not constitute - approval of the departure. "Approval of the drawings shall constitute approval of " the subject matter thereof only and not of any structure, material, equipment or apparatus shown or indicated. 6.22.6 The approval of Working Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or work required by the Contract and not indicated on the drawings. No Work called for by Working Drawings shall be done until such drawings have been 'approved by ENGINEER. 6.22.7 The procedure in seeking approval of the Working Drawings shall be as follows: .1 CONTRACTOR shall submit six (6) complete sets of drawings and other descriptive data together with six (6) copies of a letter of transmittal to ENGINEER for approval. The letter of transmittal shall contain the name of the Project, Workmanship and Materials section number, the name of CONTRACTOR, the list of drawings submitted including numbers and titles, requests for any approval of departures from the contract requirements and any other pertinent information. .2 Drawings or descriptive data will be stamped "Approved", "Approved as Noted", or "Not "Approved" by the ENGINEER, and one (1) copy with a letter l K of transmittal will be returned to CONTRACTOR. .3 If a drawing or other data is stamped "Approved", CONTRACTOR shall insert the date of approval on six (6) additional copies of the document and transmit the six (6) copies to ENGINEER together with one. copy of a letter of transmittal containing substantially the same information . required in Sub - Section .1. .4 If a drawing or other data is stamped "Approved as Noted', CONTRACTOR shall make the corrections indicated and proceed as in Sub -Section .3. .5 If a drawing or data is stamped "Not Approved", CONTRACTOR shall make the necessary corrections and resubmit the documents as required in Sub - Section .1. The letter transmitting corrected documents shall indicate that the documents comprise a resubmittal. .6 If any corrections, other than those noted by ENGINEER, are made on a Working Drawing prior to resubmittal, such changes must be pointed out by CONTRACTOR upon resubmittal. .7 CONTRACTOR shall revise and resubmit the Working Drawings as required until approval thereof is obtained. Costs associated with the ENGINEER's G-25 6.25 Subcontractor and other Liens. CONTRACTOR agrees and warrants to the OWNER that no claim or lien shall attach to or be filed on the Project by virtue of CONTRACTOR's default in paying any employee, subcontractor or supplier. Should such claim or lien be filed, payment otherwise due the CONTRACTOR will not be due until CONTRACTOR delivers to OWNER a complete release of such claim or lien, or, at OWNER's option, a bond satisfactory to OWNER indemnifying OWNER against such claim or lien. 6.26 Installation of Utilily Service. CONTRACTOR shall assume all responsibility for proper f installation of utility services to meet all rules and regulations of all utility companies or government agencies involved. It is the responsibility of CONTRACTOR to provide a complete service and provide all work necessary to coordinate the Work with the work of the utility companies. 6.27 Damage, Survey and Correction. CONTRACTOR, accompanied by a representative of "i OWNER and/or ENGINEER, shall make a damage survey of the work site and adjacent properties prior to commencing the Work and before making application for final payment for the Work. CONTRACTOR shall provide OWNER a written inventory of damage observed during each survey. CONTRACTOR shall replace or repair all existing construction and facilities (both surface and subsurface) including, but not limited to, i sidewalks, fences, yards, plantings, mechanical services and electrical services which may be damaged in the performance of the Work. All damage shall be corrected and such facilities shall be restored to their original condition. Materials and construction shall be new and equal in quality, design, workmanship and installation to the existing material i_ and construction. 6.28 Damage Notification. CONTRACTOR shall notify ENGINEER immediately upon observing damage to the site regardless of whether or not the damage is the result of CONTRACTOR's operations. 6.29 Construction Waize Rates. There shall be paid each laborer of the CONTRACTOR or Subcontractor engaged in Work under the Agreement in the classification listed on the construction wage rate scale included in the Contract Documents, not less than the hourly wage rate set opposite the same, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any subcontractors and such laborers. The schedule of common construction wage rates has been determined in compliance with the provisions of applicable Indiana statutes. 6.29.1 The specified wage rates are minimum rates only, and the OWNER will not consider any claims for additional compensation made by the CONTRACTOR because of payment by the. CONTRACTOR of any wage rate in excess of the applicable rate contained in this Agreement. All disputes in regard to the payment of wages in excess of those specified in this Agreement shall be adjusted by the CONTRACTOR. 6.29.2 Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the project under this Agreement shall be decided by the OWNER's governing body or other duly designated officials. G-27 scheduling conflicts arise between the Work and the work of other contractors on the site, ENGINEER will provide input to resolve the conflict, but such input or monitoring by the ENGINEER shall not relieve the CONTRACTOR of its obligations in respect of coordination with other contractors. Except as provided in Section 11.4, CONTRACTOR shall have no claim against OWNER for delays, disruptions or hindrances caused by other contractors who may be operating at the site, including, without limitation, delays resulting from lack of coordination. Should CONTRACTOR cause damage to another contractor or subcontractor employed on the Project, CONTRACTOR agrees to settle with such other contractor or subcontractor by agreement, if the other party will so settle. If such other contractor or subcontractor sues OWNER or ENGINEER on account of damage alleged to have been sustained, OWNER or ENGINEER as applicable, shall notify CONTRACTOR and 'CONTRACTOR shall bear the cost of defending such proceedings, and if a judgment or award in arbitration against OWNER or ENGINEER arises therefrom, CONTRACTOR shall pay or satisfy said judgment, and pay all cost incurred by OWNER or ENGINEER, including attorney fees. I ARTICLE 8 - OWNER'S AND ENGINEER'S STATUS DURING CONSTRUCTION j 8.1 OWNER's Representative. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract -j, Documents and shall not be extended without written consent of OWNER and ENGINEER. ;�8.2 Visits to Site. ENGINEER will make visits to the site at intervals appropriate to various _ _I stages of construction to observe and become cognizant with the progress, quality and quantity of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will also, as he deems necessary, -' make on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be undertaken solely for the purpose of providing OWNER a greater degree of confidence.that all Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 8.3 Project Representation. OWNER may, at its sole option, assign one or more full or part time engineers, inspectors or other representatives to observe the performance of the Work. The duties, responsibilities and limitations of authority of any such representatives _ will be as provided in the General Conditions or as otherwise stated -to CONTRACTOR in writing by the Director or other duly, appointed official of the department or agency of the OWNER for whose use and/or benefit the Project is to be constructed. 8.4 Clarifications and Interpretations. ENGINEER may issue written clarifications or interpretations of the requirements of Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such I G-29 effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgment of ENGINEER as to the Work, it is intended -� that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article. 8.10 Construction Methods. OWNER and ENGINEER shall have no responsibility for CONTRACTOR's selection or implementation of means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and OWNER and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work or to fulfill other duties in accordance with the Contract Documents. 8.11 Acts or Omissions By Others. OWNER and ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractors, any Supplier, or of any separate contractor or other person or organization furnishing any work, labor, materials or services for or in furtherance of the Project. 8.12 Communications. OWNER may issue all communication to CONTRACTOR through ENGINEER or at its option may communicate with the CONTRACTOR directly, with a copy to the ENGINEER. 8.13 Replacement for ENGINEER. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER; provided, that OWNER may, at its sole option and with notice to CONTRACTOR, elect to exercise all or part of the function and authority of the ENGINEER following such termination, either permanently or on an interim basis. ARTICLE 9 - CHANGES IN THE WORK 9.1 OWNER's Right To Initiate Changes. Without invalidating the Agreement and without notice to any surety, OWNER may at any time order additions, deletions or revisions in the Work. Such changes will be authorized by a Written Amendment, a Change Order or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable provisions of the Contract Documents except as otherwise specifically provided. 9.2 Inability To Agree on Price or Time Adjustments. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in. the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of an OWNER -initiated change, a claim may be made therefore as provided in Article 10 or Article 11. G-31 OWNER -initiated changes or CONTRACTOR claims as provided by this Section shall be determined in one of the following ways: 10.3.1 For Work covered in whole or in part by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the contract items involved, unless otherwise provided in the Contract Documents; 10.3.2 For items or elements of Work not covered by unit prices, by mutual acceptance I of a lump sum or unit price; or, if no such agreement is reached, on the basis of the Cost of the Work (determined as provided in Sections 10.4 and 10.5) plus a _ reasonable allowance for CONTRACTOR's profit and overhead based on a percentage of the Cost of Work not to exceed ten percent (10%), or such different percentage as may be specified by other Contract Documents. 10.4 Cost of The Work. The term Cost of the Work means the sum of all costs necessarily -- incurred and paid by CONTRACTOR in the proper and efficient performance of the particular Work for which costs -thereof are to be determined. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project. Such costs shall not include any of the costs itemized in Section 10.5 and may include only the following items: 10.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the affected Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on such Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits; bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees ' shall not include superintendents or other management and supervisory personnel whose costs are included in the Contract Price. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included only if authorized by OWNER in writing. 10.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and field services by suppliers or manufacturers required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained. 10.4.3 Payments made by CONTRACTOR to Subcontractors for affected Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and G-33 i_ anyone directly or indirectly employed by any of them or for whose acts any of them maybe liable). Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and - expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage i requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in Section 10.3. .7 The cost of utilities, fuel and sanitary facilities at the site. .8 Minor expenses such as telegrams, long distance telephone calls, telephone -' service at the site, expressage and similar petty cash items in connection with the Work. —) .9 Cost of premiums for additional Bonds and Insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with Article 5. 10.5 Excluded Costs. The term Cost of the Work shall not include (i) expenses of CONTRACTOR's branch offices other than CONTRACTOR's office at the site, (ii) any - part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments (iii) cost of premiums for all Bonds and for all insurance not required by the Contract Documents (except for cost of premiums covered by Subparagraph 10.4.5 f above), (iv) costs due to the negligence of.CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including, but not limited to, the correction of Defective Work, disposal of materials and equipment wrongly supplied and making good any damage to property, and/or (v) other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 10.4. 10.6 Cash Allowances. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents, if any, and shall cause the Work so covered to be done. by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to OWNER. CONTRACTOR further agrees that: 10.6.1 The Cash Allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 10.6.2 CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the Cash Allowances have been included in the Contract Price and not in the Cash Allowances. No demand for additional payment on account of any such costs will be valid. G-35 -1 to termination of the CONTRACTOR's right to proceed and the right to engage completion contractors to complete the Work shall constitute a waiver by OWNER or deprive OWNER of its right to retain, receive and recover such liquidated damages from CONTRACTOR and its surety or diminish the period of delayed completion from which such liquidated damages are to be determined. j� '- 11.4 Extension of Contract Time. If CONTRACTOR is delayed or hindered at any time in the progress of the Work by any act or neglect of OWNER or ENGINEER, or by any employee of either, or by changes ordered in the Work, or by unavoidable labor disputes, fire, unusual delay in transportation, unavoidable casualties, unforeseeable abnormal and unusually severe weather conditions, or any other causes beyond CONTRACTOR's L� control and the risks of which are not otherwise assumed by CONTRACTOR under the Contract Documents (collectively referred to as Excusable Delays), or by delay authorized by OWNER pending arbitration, or by any other cause which OWNER, in consultation with ENGINEER, determines may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall not be entitled to an extension of time for delays or hindrances caused by weather conditions or other natural phenomena of normal intensity for the locality and season during which Work is performed, unsuitable ground conditions except as may be provided in Article 4, inadequate construction forces, financial difficulties of CONTRACTOR or his Subcontractors or the failure of CONTRACTOR or its subcontractors or material suppliers to provide shop drawings or other required submittals on a timely basis and as scheduled or to place orders for equipment or materials -� sufficiently in advance to insure timely and proper delivery. 11.5 Notice of Delays or Hindrances. The Contract Time may only be extended by a Change - Order or by a Written Agreement. CONTRACTOR's entitlement to an increase in the Contract Time shall be conditioned upon CONTRACTOR furnishing a written notice to the OWNER and ENGINEER no later than twenty (20) days after the occurrence of the event or the commencement of a series of events giving rise to the request for extension, which notice shall particularly state the factual basis and grounds for the request and the duration of time sought as an extension of the Contract Time. Additional supporting data - as required by OWNER or ENGINEER, shall be delivered to OWNER or ENGINEER within thirty (30) days after such notice, unless OWNER, for good cause shown, allows an additional period of time for CONTRACTOR to ascertain and present accurate supporting data. A notice of time extension request by CONTRACTOR under this Section shall be conclusively presumed to include all direct, indirect and cumulative impact upon the time required by CONTRACTOR to perform and complete the Work as a result of all facts, occurrences and events giving rise thereto. Nothing provided in this - Section shall be construed to afford the CONTRACTOR any rights or claims otherwise precluded by any other provisions of these General Conditions or other' Contract Documents. 11.6 Time Extension As Exclusive Remedy. As between CONTRACTOR and OWNER, CONTRACTOR shall assume the risk of any and all suspensions of, delays or interference's in or hindrances to the performance of the Work, regardless of the length thereof or the party responsible therefor and arising from any and all causes whatsoever, i G-37 the Work. The cost of all other inspections, tests and approvals which are required by Contract Documents shall be paid -by OWNER except as otherwise specified. All inspections, tests or approvals other than those required by Laws or Regulations of any (- public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR or by ENGINEER if so specified. Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. 12.4 Uncovering Work. If any Work is covered contrary to written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. If any Work (including the work of others) that is to be inspected, tested or approved is covered or reasonable 'access thereto is impaired without written concurrence of ENGINEER, it must, if requested by OWNER or ENGINEER, be uncovered or access thereto open for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals) and OWNER shall be entitled to an appropriate decrease in the Contract Price by Change Order or Written Agreement. If, however, such Work is not found to be Defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Articles 10 and 1.1. 12.5 OWNER May Stop the Work. If the Work is determined by OWNER or ENGINEER to be Defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. i 12.6 Pre -Completion Correction or Removal of Defective Work. If required by OWNER or ENGINEER prior to Substantial Completion, CONTRACTOR shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by OWNER or ENGINEER, remove it from G-39 or enforce CONTRACTOR's liability with respect to obligations other than specifically to correct defects in the Work as prescribed by this Section. 12.8 Option To Accept Defective Work. Instead of requiring correction or removal and replacement of Defective Work, OWNER may elect to accept such Work in the condition as provided. CONTRACTOR shall bear all direct, indirect and consequential costs =' attributable to OWNER's evaluation of and determination to accept such Defective Work, to include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the i necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price to account for such costs and damages. If the acceptance occurs after such recommendation of final payment, such costs and damages shall be paid by CONTRACTOR and its surety to OWNER. 12.9 OWNER May Correct Defective Work. If CONTRACTOR fails within a reasonable time to proceed to correct Defective Work or to remove andre place rejected Work as provided by Section 12.6, or if CONTRACTOR fails in any respect to perform the Work in accordance with the Contract Documents or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency , and may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, suspend CONTRACTOR's services related thereto, and take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, ENGINEER, their respective representatives and other contractors full and unhindered access to the site to enable OWNER to exercise the rights and remedies under this Section. All claims costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and its surety and OWNER shall be entitled to a corresponding decrease in the Contract Price and a Change Order or Written Agreement will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work or property of OWNER or others destroyed or damaged by correction, removal or replacement of CONTRACTOR's Defective Work CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay or hindrance in performance of the Work. attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION G-41 - CONTRACTOR is making satisfactory progress and there is no specific cause for greater withholding. If required by governing statutes, such retainage shall be deposited into an interest bearing escrow account pursuant to the terms of a written Escrow Agreement executed in accordance with such statutes, and upon such form as approved by OWNER. Upon issuance and OWNER's execution of a Certificate of Substantial Completion, j OWNER may reduce the retained amount to not less than two hundred percent (200%) of the cost of the Work remaining to be completed, corrected or accepted. Retainage may not be reduced until CONTRACTOR provides OWNER with complete and legally effective releases or waivers of all claims or liens arising out of or filed in connection with the Work, which instruments shall be upon such forms as approved by OWNER. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material, and equipment for which a claim or lien could be filed, and that all payrolls, material work equipment bills, and other indebtedness connected with the jWork for which OWNER or his property might in any way be responsible have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or _ receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any claim or lien. _ 13.6 Applications for Progress Payment. At least twenty (20) days before each Progress Payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review a properly completed and signed Application for Payment upon such form as OWNER may prescribe, together with such supporting documentation as OWNER may prescribe under the Contract Documents. The submission of any request for progress payment shall be deemed a waiver and release by CONTRACTOR of all liens and claims with respect to the Work and period to which such Progress Payment request pertains except as specifically reserved and noted on such i'. request. The second and each subsequent Application for Progress Payment shall include an affidavit from CONTRACTOR stating that all previous Progress Payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations in respect of Work covered by prior Applications. OWNER or ENGINEER may reject CONTRACTOR's Application for Progress Payment if CONTRACTOR fails to submit updated progress schedules as provided in Section 2.7. 13.7 Payroll Reports. CONTRACTOR's Application for Payment shall be accompanied by a payroll report by CONTRACTOR and each of its Subcontractors for the pay period covered by the application. The report shall state, as to each employee, his/her name, address and social security number, work classification, hours worked, rate of pay, itemized. deductions, gross amount earned, net pay and fringe benefit information. This report sall be provided either on Federal Form WH -347 for reporting prevailing wages under the Davis Bacon Act, or otherwise by submitting the payroll information in CONTRACTOR's format along with Federal Form WH -348 Statement of Compliance ' under the Davis Bacon Act. 13.8 CONTRACTOR's Warranty of Title. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether ,M Substantial Completion, as accepted and approved by OWNER, will be submitted to CONTRACTOR for acceptance, which acceptance shall be deemed effective, and CONTRACTOR shall become unconditionally bound to the terms thereof, upon (i) CONTRACTORs execution of the certificate, or (ii) CONTRACTOR's failure to provide written notice objecting to the terms of such certificate within five (5) days after receipt thereof. 13.11 Site Access Upon Substantial Completion. OWNER shall have the right, but not the obligation, to exclude CONTRACTOR from the site of the Work after the date of �- Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to the site to complete or correct items of Work or to fulfill other obligations as provided by the Certificate of Substantial Completion. 13.12 Partial Utilization and Occupancy. Use or occupancy by OWNER of portions of the Work may be accomplished, prior to Substantial Completion of all the Work upon determination by OWNER in consultation with ENGINEER that any such portion constitutes a separately functioning and usable part of the Work that can be used by OWNER without causing substantial interference with CONTRACTOR's'performance of the remainder of the Work, subject to the following: 13.12.1 OWNER, at any time may give written notice to CONTRACTOR of OWNER's intent to use or occupy any part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a Certificate of Partial Substantial Completion for that part of the Work. CONTRACTOR, at any time, may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a Certificate of .ti Partial Substantial Completion for that part of the Work. The provisions and procedures set forth in Sections 13.10 and 13.11 shall govern inspections and recommendations concerning partial substantial completion and certification thereof. 13.12.2 OWNER may, at any time, give written notice to CONTRACTOR of OWNER's intent to use or occupy any part of the Work which is not substantially complete. Within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of the items remaining to be completed or corrected thereon before final payment. Upon failure of the parties to agree upon such list, ENGINEER will promptly finalize the list and deliver same to OWNER and CONTRACTOR together with a written determination as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operations, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work. Such list and determination will become binding upon OWNER and CONTRACTOR except as otherwise agreed in writing between them. During the period of G-45 S 13.15 Final Payment and Acceptance. If, on the basis of ENGINEER's observation of the Work _ during construction and final inspection, and ENGINEER's review of the Final Application for Payment and accompanying documentation, all as required by the Contract Documents, OWNER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (10) days after receipt of the Final Application of Payment, ' indicate in writing ENGINEER's recommendation of payment and present the —i Application to OWNER for payment. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend Final Payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are approved by OWNER as to form and substance, OWNER shall pay CONTRACTOR the amount recommended by ENGINEER. 13.16 Delayed Final Completion. 'If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER will, upon receipt of CONTRACTOR's Final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Section 5. 1, the written consent of the Surety to the payment of the balance due for the portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment will be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims. 13.17 CONTRACTOR's ContinuinObligations. Except as otherwise expressly provided to the contrary by the Contract Documents, CONTRACTOR's duty to perform and complete the Work and to fulfill other obligations in accordance with the Contract Documents shall be absolute. Neither recommendation of any Progress Payment or Final Payment by ENGINEER, nor approval or acceptance thereof by OWNER, nor the issuance of a Certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor • any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor any activities by CONTRACTOR or OWNER in correction of Defective Work will constitute an acceptance of Work not in accordance with the Contract Documents or a release or waiver of CONTRACTOR's obligations under the Contract Documents or of OWNER's rights and remedies thereunder. 13.18 Waiver of Claims By Final Payment. The making and acceptance of Final Payment shall constitute a waiver of all claims by OWNER against CONTRACTOR and by CONTRACTOR against OWNER except (i) claims previously made in writing by either :y - party and remaining unsettled as of the date of final payment, (ii) claims by OWNER ` attributable to Defective Work or prior corrective work, appearing after final inspection or from failure to comply with the Contract Documents, (iii) OWNER claims and other G-47 ,i 14.3.1 OWNER may exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and ^� machinery at the site and use or authorize third party contractors to use the same for completing or correcting the Work, and incorporate in the Work all materials lh and equipment stored at the site or for which OWNER has paid CONTRACTOR ' but which are stored elsewhere. OWNER and completion contractors shall not be � �, liable to CONTRACTOR for the cost or value of any such property used or – incorporated in the course of such completion or correction; 14.3.2 OWNER may, by any means it may deem expedient and appropriate under the circumstances, complete and correct or contract with one or more separate contractors for completion and correction of the Work. OWNER shall not be required to accept the lowest price or the shortest duration proposed for such completion or corrective Work. In the event that OWNER takes Bids for completion or corrective Work, CONTRACTOR shall -not be eligible for the award of any contracts resulting therefrom. 14.3.3 CONTRACTOR shall not. be entitled to receive any further payment until all Work is completed and corrected and the total costs incurred by OWNER in respect of such completion and correction have been ascertained. 14.3.4 CONTRACTOR and its surety shall be liable for liquidated damages for delayed completion of the Work as provided in the Contract Documents, based upon (i) the agreed dates for substantial and final completion as established by the contract(s) between OWNER and the completion contractors, or (ii) the actual dates of substantial and final completion, whichever occurs first; 14.3.5 If the unpaid balance of the Contract Price exceeds the sum of (i) liquidated I^ I damages (ii) the Completion Costs as herein defined, (iii) such other damages to which OWNER is entitled by reason of CONTRACTOR's breach or default under the Agreement or the termination thereof, and (iv) attorney fees incurred by OWNER incidental -to the enforcement of any rights and remedies against t_ CONTRACTOR and its Surety afforded by the Contract Documents, such excess _1 will be paid to CONTRACTOR or Surety as appropriate. If such sum exceeds such unpaid balance, CONTRACTOR and its surety shall pay the difference to - OWNER. 14.3.6 As used in this Section, the term "Completion Costs" shall mean any and all I direct, indirect and consequential costs and expenses paid or incurred by OWNER for or incidental to completion of the Work or correction of previous Work �. performed by CONTRACTOR, whether by OWNER's own forces or by one or more separate contractors engaged by OWNER for such purposes, and shall r include but not be limited to all fees and charges of engineers, architects, consultants, attorneys and other professionals, plus court costs, arbitration and arbitrator fees and charges. i—� G-49 f or relating to the Contract Documents or the breach thereof to mediation according to the provisions of Attachment A. 1, ! 15.2 Agreement To Arbitrate. If agreed by OWNER and CONTRACTOR, any claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof, except those exempted claims and disputes described in Section 15.6, will be decided by arbitration in a accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect subject to the limitations otherwise set forth in this Article. This agreement to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article will be specifically enforceable under the qprevailing law of any court having jurisdiction. 15.3 Claims Referred To ENGINEER. No demand for arbitration of any claim, dispute or ^' other matter properly referred to ENGINEER initially for decision in accordance with Article 8 will be made until the earlier of (a) the date on which ENGINEER has rendered -�� a decision, or (b) the tenth (10th) day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty (30) days after the date on which ENGINEER has rendered a written decision C in respect thereof; and the failure to demand arbitrationwithin said thirty (30) day period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. 15.4 Demand For Arbitration; Objection. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration l Association, and a copy will be sent to ENGINEER for information. The demand for I arbitration will be made within the thirty (30) day or ten (10) day period specified in Section 15.3 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 15.5 Consolidation and Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any other person or entity (including ENGINEER, ENGINEER's agents, employees or consultants) who is not a party to this Agreement unless: 15.5.1 The inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; 15.5.2 Such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and G-51 preceding sentence, the Contract Documents are binding upon OWNER and CONTRACTOR, their successors or assigns. 1 16.6 Governing Law. The Contract Documents shall be interpreted in accord with and governed by the laws of the State of Indiana, except for the conflict of laws provisions thereof. If any provision of the Contract Documents is found to be in conflict with those laws, the remaining provisions of the Contract Documents shall remain in effect. OWNER and CONTRACTOR agree that any litigation associated with or arising from the Agreement shall be filed with a court of competent jurisdiction within the State of Indiana. I 16.7 Indiana Department of Transportation Standard Specifications. All applicable portions of ' the Indiana Department of Transportation (INDOT) Standard Specifications shall apply to these Contract Documents to the extent not in conflict with the terms thereof. Where the words 'Standard Specifications' along with a reference .consisting of a number or number and letter are used, they shall be construed as referring to the Indiana Department of Transportation Standard Specifications and the most recent supplemental specifications issued prior to Bid opening. 16.8 Salvage of Existing Equipment and Materials. Unless otherwise provided all existing equipment and materials as listed in the Technical Specifications, removed from existing facilities shall remain the property of OWNER. Such equipment and materials shall be stored on-site at locations identified by ENGINEER. All other existing equipment. and materials removed from existing facilities shall be the property of CONTRACTOR and shall be removed from the site. 16.9 English Language Requirement. All submittals, including, but not limited to, all shop drawings, catalog cuts, manufacturers' recommendations, and assembly and maintenance instructions shall only be written in the English language. 16.10 Trade Practice. In the event of any inconsistencies between the requirements of the Contract Documents and normal practice in the trade, the requirements of the Contract f Documents shall control. 16.11 Cross -References. Cross-references in the Contract Documents are not intended as complete lists of related requirements specified elsewhere. The absence of a cross- reference to another section of the Contract Documents should not be deemed or construed to indicate that such other section does not specify related requirements where the two sections, read together, indicate otherwise. 16.12 Accounting Records. CONTRACTOR shall maintain proper accounting records for the work to be performed under this Agreement and shall provide an accounting for all charges and expenditures as may be necessary for auditing purposes. All such records shall be subject to examination and inspection by OWNER representatives at reasonable hours. 16.13 Steel Products. In accordance with Indiana Code 5-16-8, if steel products are to be utilized or supplied in the performance of any contract or subcontract, only domestic steel G-53 2. List of electrical relay settings and control and alarm contact settings. 3. Electrical interconnection wiring diagram for equipment furnished including all control and lighting systems. 16.16.2 Each copy of the manual shall be assembled in one or more binders, each with the title page, typed table of contents, and heavy section dividers with copper reinforced holes and numbered plastic index tabs. Each manual shall be divided into sections paralleling the "Workmanship and Materials". equipment specifications. Binders shall be 3 -ring, hard -back Type No. S-43772 as manufactured by Marshall -Jackson Co, Chicago, Illinois, or equal. All loose data shall be punched for binding and composition and printing shall be arranged so that punching does not obliterate any data. The cover and binding edge of each manual shall have the project title and manual title printed thereon, all as furnished and approved by ENGINEER. 16.16.3 All operating and maintenance material that comes bound by the equipment ' manufacturer shall be left that way. The appropriate sections of CONTRACTOR's O&M Manual'shall cross-reference the manufacturers bound manual. 16.16.4 Where more than one (1) binder is required they shall be labeled Vol. 1, Vol-: 2, and so on. The table of contents for the entire set, identified by volume number, shall appear in each binder. 16.16.5 The five (5) copies of the manuals and data included therein shall be provided in conformance with the subsection headed "Working Drawings" and, in addition, to the requirements of the Technical Specifications Workmanship and Materials Section. The costs of the Operation and Maintenance Manual shall be included in the lump sum Contract Price and no separate payment will be made therefore. The Operation and Maintenance Manual shall be included as a separate item in CONTRACTOR's schedule of values. 16.17 Service of Manufacturer's Representatives. The Contract Price shall include the costs of furnishing competent and experienced engineers, superintendents or other technically qualified representatives who shall represent equipment manufacturers and shall assist CONTRACTOR, when required, to install, adjust, test and place in operation equipment in conformity with the Contract Documents. When equipment is ready for permanent operation, such engineers, superintendents or representatives shall make all adjustments and tests required by ENGINEER to prove that such equipment is in proper and satisfactory operating condition, and shall instruct such personnel as may be designated --LL by OWNER in the proper operation and maintenance of such equipment. 16.18 Water. CONTRACTOR shall provide, at its expense, the necessary water supply for CONTRACTOR's activities , and shall, if necessary, provide and lay necessary water lines from existing mains to the place where such water service is required, and shall G-55 i I _ 16.21.6 CONTRACTOR shall schedule operations such that the area of unprotected _ erodible earth exposed at any one time is not larger than the minimum area necessary for efficient construction operations; and the duration of exposure of - uncompleted construction to the elements shall be as short as practicable. 16.21.7 Clearing and grubbing shall be so scheduled and performed that grading operations can follow immediately thereafter, and grading operations shall be so scheduled and performed that permanent erosion control features can follow immediately thereafter if conditions on the project permit. 16.21.8 The surface areas of unprotected erodible earth exposed by clearing and grubbing, excavation or filling operations shall be kept to a minimum. Immediate erosion or pollution control measures to prevent siltation or contamination of any stream, ditch or other impoundment or to prevent damage to the project or property outside the project limits shall be provided when necessary. 16.22 Air Borne Particulate. CONTRACTOR shall comply with Indianapolis Air Pollution Regulation II -4 which is hereby incorporated into this Section by reference. A copy of such regulation will be furnished to CONTRACTOR upon request. 16.23 Professional Fees and Court Costs Included. Whenever reference is made to claims, costs, losses or damages, recoverable by OWNER against CONTRACTOR or its surety, such recovery shall include, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. END OE -THIS SECTION 1 G-57 5. Scheduling. No later than thirty (30) days from the date of the notice of the Mediation, the parties' designated representatives and/or their attorneys shall meet to discuss the following: a. Settlement status of the dispute; i�b. Schedule by which drafts of a Mediation Agreement are to be submitted, and a date by which the Mediation Agreement will be finalized; C. Schedule for Mediation discovery and other preparatory matters the parties deem necessary; d. Whether a neutral advisor shall be employed in the Mediation and, if so, by what means he shall be selected; and e. Time, place and schedule of the Mediation hearing. The Mediation Agreement will be finalized and executed by both parties no later than sixty (60) days after the notice of the Mediation. The Mediation hearing will be held within 120 days after the notice of the Mediation unless extended by mutual consent of the parties. 6. Mediation As Condition Precedent To Arbitration or Litigation. Submission of a dispute under this Agreement to a Mediation procedure shall be a condition precedent to filing arbitration or litigation on any dispute exceeding the amount specified above. Failure to comply with this condition precedent shall be in contravention of the parties' express 1 intention to implement this alternative means of dispute resolution and constitute a breach of this clause. f 7. Refusal To Participate In Mediation. Refusal of a party to participate in mediation in good faith shall not be established unless: a. All of the specified conditions set forth in paragraph 2 herein have been fulfilled; and b. 30 days have lapsed since initial written notice of the Mediation was given without an affirmative response. C. Refusal to participate in the Mediation shall be in contravention of the parties' express intention to implement this alternative means of dispute resolution and constitutes a breach of this clause. 8. Filing Arbitration or Litigation. No litigation or arbitration or any other binding action shall be initiated by either party unless: a. The amount in controversy is less than or equal to the amount specified paragraph 2 above; or 1, �__� G-59 I� 1 t f TECHNICAL SPECIFICATIONS INDEX PAGE NO. TS 1 GENERAL SPECIFICATIONS & SCOPE OF WORK TS 2 GOVERNING DOCUMENTS TS 3 PROJECT CONTRACT DOCUMENTS TS 4 COMPLETION DATES AND LIQUATED DAMAGES TS 5 HOLIDAYS WHEN WORK IS NOT PERMITTED TS 6 WORK SCHEDULE SUBMITTAL TS 7 CONSTRUCTION WORK HOURS TS 8 COOPERATION WITH UTILITIES TS 9 RIGHT OF ENTRY TS 10 WEEKLY PAYROLL OR OTHER REQUIRED REPORTS TS 11 LIMITATIONS OF OPERATIONS TS 12 EXISTING CONDITIONS TS 13 CENTRIFUGALLY CAST CONCRETE PIPE, CCCP TS 14 CURED -IN-PLACE THERMOSETTING RESIN PIPE LINER, CIPP TS 15 THERMOPLASTIC PIPE LINER TS 16 PROTECTION OF EXISTING STRUCTURES, PIPE, PATH/SIDE WALK, CONCRETE CURBING, LANDSCAPING AND FIELD TILE TS 17 STRUCTURE AND PIPE IMPROVEMENTS TS 18 MAINTAINING TRAFFIC TS 19 MATERIAL ACCEPTANCE TS 20 CONCRETE TS 21 HMA - HOT MIX ASPHALT TS 22 PAVEMENT SMOOTHNESS TS 23 UNDISTRIBUTED ITEMS TS 24 OPEN BURNING OF NATURAL GROWTH TS 25 STREET CLEANING TS 26 TRANSPORTATION OF SALVAGEABLE ITEMS TS 27 RIGHT-OF-WAY CLEARING TS 28 EXCESS MATERIAL - DISPOSAL TS 29 RESTORATION OF DISTURBED AREAS TS 30 SAW CUTTING TS -1 3 6 6 6 7 8 8 S 12 13 13 14 14 17 20 27 27 28 29 29 29 30 31 31 31 31 32 32 32 33 11 TS 1 GENERAL SPECIFICATIONS & SCOPE OF WORK Please find construction drawings included in Appendix B. Construction consulting and coordination shall be provided to the firm with the lowest and most responsive bid. Coordination information will be provided to the selected CONTRACTOR. Bids shall be based on the pay items provided in the Itemized Proposal include herein and the estimated quantities provided in addition to the plan sheets and specifications that follow and shall include all incidental work to complete the improvements required and this shall include removals and any work for which no specific pay items exist. Inspection and consultation for the project shall also be provided by OWNER. Coordination shall not be paid separately but shall be considered within the pay items provided. The pipe lining of the existing small structure Culvert 65 on West Main Street. The CONTRACTOR will be lining 170 LFT of 2-8' Span x 5.5' Rise CMP Arches. This involves 4 existing pipes to be perpetuated, dewatering, mobilization/demobilization, and restoration/erosion control. The actual pipe lining type is to be chosen by the CONTRACTOR as part of the bidding process from the approved list. The pipe lining of the existing small structure Culvert 92 on Keystone Avenue. The CONTRACTOR will be lining 180 LFT of 42" CMP. This work involves i cutting both ends of the pipe to grade, mobilization/demobilization, and restoration/erosion control. Once the pipe has been cleaned and dried, the CONTRACTOR shall video the pipe prior to lining and video after is has been lined. The actual pipe lining type is to be chosen by the CONTRACTOR as part of the { bidding process from the approved list. L_ The pipe lining of the existing small structure Culvert 122 on Beech Drive The CONTRACTOR will be lining 40 LFT of 42" CMP. This work involves n dewatering, mobilization/demobilization, and restoration/erosion control. I The CONTRACTOR shall repair the invert as well as repair the scour below the invert prior to culvert lining. 'I TS -3 Sink hole to be exposed and backfilled upon completion of pipe lining. Sink hole is currently marked by a traffic barrel. The pipe lining of the existing storm sewer at Location C on Lakeview Drive The CONTRACTOR will be lining 78 LFT of 12" RCP, 61 LFT of 24" RCP, 353 LFT of 33" CMP, and installing 77 LFT of 30" R.C. pipe. This work involves 61 CYS of backfill, 4 existing pipes to be perpetuated, mobilization/demobilization, and restoration/erosion control. _ The following requirements apply to Location C: • The CONTRACTOR is to check in with Dianna Pittman (Forest Dale Elementary) when on school grounds • No tobacco is permitted on school grounds • The CONTRACTOR is to lift and reinstall the chain link fence • Access through school grounds is not allowed from 7:30 to 8:30 a.m. and from 2:00 to 3:00 p.m. on school days. 0 A perimeter fence is to be erected around the perimeter of the work area on school grounds with an 8'-0" wide access for school mowing crews Once the pipe has been cleaned and dried, the CONTRACTOR shall video the pipe prior to lining and video after is has been lined. The actual pipe lining type is to be chosen by the CONTRACTOR as part of the bidding process from an approved list. The pipe lining of the existing storm sewer at Location D on Whispering Trail The CONTRACTOR will be lining 180 LFT of 15" RCP, and installing a 15" Flared End Section. This work involves 6 TONS of revetment riprap, 16 SYD of geotextiles, dewatering, mobilization/demobilization, and restoration/erosion control. The end section is to be installed prior to pipe lining. The CONTRACTOR shall give priority to construction methods to leave the fences in place to complete the work. TS -5 The CONTRACTOR shall perform the work as shown in the contract plans. The CONTRACTOR shall complete Main St. (Culvert 65) in 10 calendar days from Mobilization. The CONTRACTOR shall complete Keystone Parkway (Culvert 92) in 7 calendar days from Mobilization. The CONTRACTOR shall complete Beech Drive (Culvert 122) in 7 calendar days from Mobilization. The CONTRACTOR shall complete t Beechtree Circle (Culvert 128) in 7 calendar days from Mobilization. The CONTRACTOR shall complete Cool Creek Drive (Location A) in 10 calendar .days from Mobilization. The CONTRACTOR shall complete Lakeview Drive (Location C) in Y' 21 calendar days from Mobilization. The CONTRACTOR shall complete Whispering Trail (Location D) in 7 calendar days from Mobilization. Notice to Proceed will be issued as soon as contract documents and agreement are approved. The CONTRACTOR may work all locations simultaneously or sequentially. All locations shall be completed by November 11, 2016. If lawn restoration cannot be completed within the completion days due to specification and weather requirements, these shall be completed as soon as feasible and achievable within specification or at OWNER'S direction. Retainage held will be released upon full completion of any remaining temperature sensitive work and acceptance of the completed project. Damages set out below are not meant to penalize the contractor, but to insure timely, completion of this contract. It is the sole responsibility of the CONTRACTOR to C thoroughly familiarize himself with these contract documents. The CONTRACTOR shall pay five hundred dollars ($500.00) for each calendar day after the permitted contract time has expired as setout elsewhere herein for failure to complete the work in accordance with this contract. The CONTRACTOR shall pay five hundred dollars ($500.00) for each calendar day/or portion thereof for failure to complete specific time sensitive operation(s), mentioned elsewhere herein, within the time frame allowed. If the CONTRACTOR exceeds any or all allotted time periods simultaneously, the assessed damages will be cumulative. TS 5 HOLIDAYS WHEN WORK IS NOT PERMITTED The CONTRACTOR may not perform work on the following days: r • Sundays (unless otherwise approved by City Engineer) • New Year's Day • Memorial Day '� • Independence Day ,t • Labor Day TS -7 The facilities of Duke Energy exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. The facilities of Vectren exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. Keystone Parkway (Culvert 92) The facilities of AT&T exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. The facilities of Carmel Street Department exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. r The facilities of Carmel Utilities (Water) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. The facilities of Carmel Utilities (Sanitary) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. The facilities of Charter-Brighthouse exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. —, The facilities of Duke Energy exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. 1,7 The facilities of Indianapolis Power and Light (IPL) exist within the project limits, but j are not expected to be affected by the proposed construction. See contact information at the end of this section. Beech Drive (Culvert 122) The facilities of Carmel Utilities (Water) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. The facilities of Carmel Utilities (Sanitary) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. TS -9 - The facilities of Carmel Utilities ()Yater) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. The facilities of Carmel Utilities (Sanitary) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. The facilities of Charter-Brighthouse exist within the project limits, but are not expected `J to be affected by the proposed construction. See contact information at the end of this section. The facilities of Indianapolis Power and Light (IPL) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. ~; The facilities of Vectren exist within the project limits, but are not expected to be 1 affected by the proposed construction. See contact information at the end of this section. Whispering Trail (Location D) The facilities of Carmel Utilities (Water) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. The facilities of Carmel Utilities (Sanitary) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. The facilities of Charter-Brihthouse exist within the project limits, but are not expected to be affected by the. proposed construction. See contact information at the end of this section. The facilities of Indianapolis Power and Light (IPL) exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at - the end of this section. The facilities of Vectren exist within the project limits, but are not expected to be affected by the proposed construction. See contact information at the end of this section. Utilities Contact Information: AT&T Jeff Rice Jr26470,att.com 317-610-5438 TS -11 Culvert 122 Owner: Frances R. Caudell Owner: Jerry Delp Preferred Contact: Steve Benagh (317) 281-2276 Owner: Jerry Delp (317) 846-0533 Resident: David Delp (317) 507-5479 Culvert 128 -� Owner: Brian C. & Julie A. Hufford Contact: (317) 403-5197 I Owner: David A. & Ann M. Knopp Contact: (317) 966-5850 -' Owner: Robert L. III & Jean P. Craig Contact: (317) 846-6715 Owner: Melissa B. Leedy & Benjamin J. Luebke Storm Sewer Location A Owner: Kathleen M. and Ian Anderson Miller Contact: (317) 345-8227 Owner: Megan E. Johnson Owner: Richard G. & Nancy S. Heck Storm Sewer Location C Owner: Hassan and Christine Kassebnih Contact: (317) 760-3181 �r Owner: Woodlands H.O.A. Contact: Jeff Kempson (317) 748-0295 Owner: Antonio R. Recinto Contact: (808) 987-3037 Owner: Carmel Schools, Forest Dale Elementary !` Contact: Ron Farrand (317) 815-3962 Storm Sewer Location D Owner: Jack A. Martyn Owner: Kenneth Ray & Tressia Maria Puller Contact: 317-501-3468 TS 10 WEEKLY PAYROLL OR OTHER REQUIRED REPORTS Weekly payrolls will not be required for this project. TS 11 LIMITATIONS OF OPERATIONS When in the judgment of the OWNER, the CONTRACTOR has obstructed or closed a greater portion of the work than is necessary for proper construction, or is carrying on operations to the prejudice of the work already started, the OWNER may require the CONTRACTOR to finish that portion of the work which is in progress before any additional portions are started. Work shall be conducted with minimum inconvenience to traffic. Except as hereafter specified, no loads of material for any construction shall be dispatched from trucks or plants so late in the day that it cannot be placed, finished and protected within the Specification limits and provisions in the daylight hours of that same day. TS -13 MAINTENANCE OF DRAINAGE. Drainage shall be maintained during the installation and during operations in a manner that does not damage adjacent property. The Contractor shall provide for the diversion of flow around the existing structure where the CCCP liner is being installed. The bypass shall be made by plugging or damming the waterway at an existing upstream access point and pumping the flow into a downstream access point or adjacent system or similarly suitable method. Pump and bypass lines shall be of adequate capacity to handle the flow. See TS 46 for additional details. PRE -INSTALLATION REQUIREMENTS. Before beginning the installation operation, 3 copies of a work plan shall be submitted to the Engineer. The work plan shall also include: (a) The location and characteristics of cavities around the existing structure. (b) If used, the identification, location and quantity of additional materials, such as pea gravel or flowable backfill that will be used for filling cavities. (c) The location of any deformities such as jagged edges that might impact the liner installation or its function, and plan to correct the conditions. OBSTRUCTION REMOVAL. The Contractor shall clear the existing structure of all obstructions such as but not limited to solids, dropped joints, roots, protruding laterals, or collapsed pipes that will prevent CCCP liner installation. All other foreign materials shall be removed from the existing structure and disposed of in accordance with 203.10. Drop inlets and taps shall be cut back to be flush with the existing structure. If inspection reveals an obstruction that cannot be removed by conventional sewer cleaning equipment, the Contractor shall notify the engineer and city for approval to make a point repair excavation to remove or repair the obstruction. Areas of water seepage shall be sealed off by an approved method. Pools of water shall be removed. Prior to lining, all drop inlets or taps shall be temporarily plugged to prevent water discharge onto newly placed mortar and to prevent mortar from entering the inlet or tap. Lines with active flow shall be temporarily plugged with a device that sufficiently prevents water from discharging onto the newly placed CCCP liner. The interior surface of the existing structure shall be cleaned with a high-pressure water - blast sufficient to remove all laitance and loose material and flush debris from the structure. Upon final inspection the existing structure shall be free of sand, dirt and all other laitance that may impede the placement or adhesion of the CCCP liner to the structure. TS -15 i Pipe Liner, CCCP, [site], [pipe size ] ............................................... LFT Perpetuation, Existing Pipe....................................................................... EACH ,4- The cost of repairing jagged edges or deformities to the existing structure, filling cavities around the existing structure with flowable backfill, grout, or invert repair mortar, rights I of entry, maintenance and removal of temporary fence, removing debris and foreign material from the existing structure, cleaning the existing structure, maintaining existing l water flow, maintaining traffic, preparation of a work plan, providing design calculations, presence of the manufacturer's representative, testing, corrective actions and all other incidentals shall be included in the cost of the CCCP liner. - There will be no payment for the installation or removal of any liner that cannot be successfully installed due to the condition of the existing structure. If the existing structure or other objects not designated for removal are damaged while performing the work, it shall be considered unauthorized work and repaired or replaced in accordance with 105.11. TS 14 CURED -IN-PLACE THERMOSETTING RESIN PIPE LINER, CIPP This work shall consist of the fabrication, installation, and curing of a right -fitting, resin - impregnated fabric, cured -in-place pipe liner hereinafter referred to as CIPP, into existing pipe structures in accordance with 105.03. Materials CIPP shall be in accordance with ASTM D 5813, Type III, grade 1, 2, or 3, and shall be , ; UV and abrasion resistant. The manufacturer shall determine the proper grade of the CIPP to be used under the installation and operation conditions that will exist for the location in which the CIPP is to be used. CIPP shall be designed in accordance with ASTM F 1216 and appendix X1 for a fully deteriorated condition. Construction Requirements RIGHT OF ENTRY. If the Contractor desires more working room than allotted, the Contractor may elect to pursue rights -of -entry from all necessary adjacent property owners in accordance with 107.14. A temporary fence shall be installed as required to prevent encroachment of the public or livestock into the work area. Upon completion of the work, disturbed areas on private- property shall be' restored in accordance with 107.14. MAINTENANCE OF DRAINAGE. Drainage shall be maintained during the installation and during operations in a manner that does not damage adjacent property. The TS -17 I it installed CIPP shall be tested for delamination in accordance with the appropriate ASTM specification. The cured CIPP shall be cut within 6 in. of the ends of the existing structure. Where beveled inlets are required, the details shown in the plans shall be followed. Existing connections, including underdrains or another pipe structure, to the �_7 structure to be lined shall be perpetuated through the CIDP. QC/QA PROCEDURE: For each existing structure lined, a type A certification in accordance with 916 and a test report in accordance with ASTM D 5813, section 7.3 shall be submitted. An independent laboratory shall test field -cured samples from each CIPP installation. Appropriate documentation for the independent laboratory shall be provided prior to installation of the CIPP. Testing results shall be provided to the Engineer within 7 days of receipt. At each structure to be lined, two flat plate samples shall be field cured and submitted for j testing. The samples shall be taken directly from the wet out tube, clamped between flat plates and cured in the downstream end of the tube. As an alternative, two restrained end samples may be used for CIPPs installed in pipes between 8 and 18 in. in diameter, or equivalent. The field -cured samples shall be submitted to the laboratory within 3 days of the completion of the installation. The field -cured samples shall be conditioned, prepared, and tested in accordance with ASTM D 5813. The wall thickness and flexural tests need only be performed on the structural portion of the CIPP only. Method of Measurement CIPP will be measured by the linear foot, complete in place. Perpetuation of existing pipes through the CIPP will be measured in accordance with 725.09. No measurement will be made for debris removal, filling existing voids, or trimming, cutting, jacking, or other corrective measures performed on jagged edges or other deformities of the existing pipe in order to facilitate installation of the CIPP. Basis of Payment The accepted quantities of CIPP will be paid for at the contract unit price per linear foot for the pay item area or diameter of the existing structure in which the CIPP is installed, -- complete in place. The installed CIPP shall provide an opening area equal or greater than the proposed opening area shown in the plans. Perpetuation of existing pipes through the CIPP will be paid for by the number of existing pipes perpetuated. Payment will be made under. Pay Item TS -19 Pay Unit Symbol * * The supplier may elect to use gradations in accordance with 904.02(h) or may propose the use of alternate gradations. Where circular liner pipe is shown on the plans, the pipe structure shall be lined with solid wall HDPE liner pipe; profile wall HDPE liner pipe; or profile wall PVC liner pipe. Where deformed liner pipe is shown on the plans, the pipe structure shall be lined with solid wall HDPE liner pipe or profile wall HDPE liner pipe. '_l The maximum number of joints and corresponding maximum length of each section of F7 liner pipe used in each pipe structure -to be lined shall be as shown on the plans. If the Contractor has obtained the necessary right -of -entry from all affected property owners and all necessary new permits or amendments to existing permits to enable work in areas accessible via Contractor -obtained right -of -entry, the City will consider a written request { �? by the Contractor to use liner pipe sections which exceed the maximum length shown on the plans. A corresponding reduction in the maximum allowable number of joints shall be included with the written proposal. The Contractor shall not install longer sections of liner pipe until written approval has been received from the Engineer. 7 The liner pipe shall either be chosen from those shown on the INDOT's list of approved Plastic Pipe and Pipe Liner Sources or shall be accompanied by a certification in accordance with 907.25. If the liner pipe is not on INDOT's list of approved Plastic, Pipe and Pipe Liner Sources, then the certification shall be furnished. Liner pipe shall be submitted to the Engineer for review and approval prior to installation. Proper care shall be taken to ensure that no damage is done to the liner pipe during the unloading process. All liner pipes shall be unloaded with straps and lifting equipment. t Liner pipe joints shall be bell .and spigot, screw type, grooved press -on, butt fused, extrusion welded, or other joint as recommended by the liner pipe manufacturer and shall be installed according to the manufacturer's recommended methods. Construction Requirements Where a deformed HDPE liner pipe is specified, the liner pipe shall be made deformed by using equipment specifically designed to take a circular liner pipe and deform it without causing damage to the liner pipe. The equipment and method used to deform the liner pipe shall be described in the QCP. Once the liner pipe has been deformed, it shall be structurally reinforced in the horizontal and vertical planes. Structural reinforcement shall be spaced at a maximum distance of 3 ft on centers. Structural reinforcement shall not be removed until the installation of the liner pipe and cellular concrete grout at that structure has been completed. RIGHT OF ENTRY AREAS. If the Contractor desires more working room than allotted, the Contractor may elect to pursue rights -of -entry from all necessary adjacent property ' owners in accordance with 107.14. A temporary fence shall be installed as required to prevent encroachment of the public or livestock into the work area. Uponcompletion of TS -21 ` to fabricating a production joint on a liner pipe, each operator who is performing welding, butt fusing, or joining, shall demonstrate that they can produce a joint that will withstand a destructive test prior to being allowed to join liner pipe. This test shall be repeated as many times as necessary in order Jr to produce a joint that will pass the destructive test. One passing joint test is required per operator per contract. The method of joint testing shall be in accordance with.section (b) or (c) below. (b) SOLID WALL HDPE LINER PIPE. Solid Wall HDPE liner pipe joined using butt fusion shall be in accordance with ASTM F 2620. Solid wall HDPE liner pipe that is to have extrusion welded joints shall have destructive testing performed on a test section of liner pipe of the same material as the liner pipe being installed. The Contractor shall propose and describe in the QCP a destructive test, such as but not limited to a bend strap test, to demonstrate thatan operator can produce an extrusion welded joint that will not fail. Once an extrusion welded joint is produced on a test section that passes the destructive test, each subsequent joint fabricated that same day by that operator will be visually inspected for acceptance. A destructive test in accordance with the approved QCP shall be conducted on the test section at the beginning of each day that solid wall HDPE liner pipe joining is being done. (c) PROFILE WALL HDPE LINER PIPE. Profile Wall HDPE liner pipe joined using extrusion welding shall be in accordance with ASTM F 894. The Contractor shall propose and describe in the QCP a destructive test, such as IJ but not limited to a bend strap test, to demonstrate that an operator can �. produce an extrusion welded joint that will not fail. Destructive testing shall be performed on two flat pieces of HDPE sheet stock that has been butt welded together to verify the extrusion gun is working properly and that the operator can produce an extrusion welded joint that will not fail. Once an extrusion welded joint is produced on a test section that passes the destructive test, each subsequent joint fabricated that same day by that operator will be visually inspected for acceptance. A destructive test in accordance with the approved QCP shall be conducted on the test section at the beginning of each r , day that profile wall HDPE liner pipe joining is being done. CELLULAR CONCRETE GROUT. The cellular concrete grout shall be designed in accordance with ASTM C 796 except as herein modified. The admixtures, retarders, and plasticizers used in the grout shall be in accordance with the foam concentrate supplier's specifications. TS -23 �f �i _l The cross-sectional area of the liner pipe shall be as shown on the plans. Prior to commencing the liner pipe installation operation, steps shall be taken to verify that a liner pipe meeting the required cross-sectional area can be successfully placed inside the existing pipe. If it is discovered prior to installation that a liner pipe with the required opening area cannot fit, the inside and outside diameters of a substitute liner pipe shall be submitted to the Engineer for approval. If this discovery is not made until -� after the liner pipe installation has begun, the partially installed liner pipe shall be removed. Inside and outside diameters for a substitute liner pipe shall then be submitted to the Engineer for approval. After the liner pipe installation is complete and the liner pipe has cooled to the temperature of the existing pipe, the liner pipe shall be cut so that each end is 8 in. outside the end of the existing pipe. The cellular concrete grout within the annular space between the existing pipe and the liner pipe shall be contained by bulkheads. The bulkheads shall be constructed at each end of the structure. Each bulkhead shall be constructed to withstand the pressure of the grouting operation. The bulkhead shall be free from leaks and the exterior surface shall be given a smooth trowel finish. The bulkhead shall extend from the end of the existing pipe inward a minimum depth of 18 in. Cellular concrete grout shall be infected into the annular space between the existing.pipe and the liner pipe. The injection operation shall provide sufficient cellular concrete grout to fill all voids between the existing pipe and the liner pipe over the entire structure �I length, but shall also be performed in a manner that does not distort the liner pipe. Injection of the cellular concrete grout in lifts, use of spacers, or other safeguards shall be taken in order to keep the liner pipe in position and prevent the liner pipe from floating. The pressure developed in the annular space between the liner pipe and the existing pipe shall not exceed the liner pipe manufacturer's recommended maximum value. All existing culverts, storm drains, underdrain pipes, drain tile, or other pipes that are directly connected to the lined structure shall be perpetuated. Cellular concrete grout shall not leak through the liner pipe at these connections. Method of Measurement All thermoplastic liner pipe will be measured by the linear foot, complete in place. - Perpetuation of existing pipes through the liner pipe will be measured by the number of existing pipes perpetuated. -' No measurement will be made of liner pipe joints or the length of joint welding or fusing, or other incidentals necessary to join sections of liner pipe in accordance with the manufacturer's recommendations. The liner pipe or flat sheet stock used for destructive testing will not be measured for payment. No measurement will be made of a liner pipe meeting the required opening area that does not fit. TS -25 ii - In situations where the condition of the existing pipe requires that a substitute liner pipe ,— be utilized, there will be no reduction in payment for the installation of the substitute liner pipe. There will be no additional payment for the additional cellular concrete grout �- required to fill the larger void between the existing pipe and the smaller liner pipe. There will be no payment for the installation or removal of any liner pipe that cannot be successfully installed due to the condition of the existing pipe. There will be no payment for a liner pipe meeting the required cross-sectional area that does not fit. If the existing pipe or any other object not designated for removal is damaged while performing this work, it shall be considered unauthorized work and repaired or replaced in accordance with 105.11. TS 16 PROTECTION OF EXISTING STRUCTURES, PIPE, PATH/SIDE WALK, CONCRETE CURBING, LANDSCAPING AND FIELD TILE Protection of existing structures to remain in place including but not exclusive to the following: concrete curb or walk, multi -use path, mailboxes, fences, building structures, infrastructure, etc. shall be the responsibility of the CONTRACTOR. Damages to structures to remain in place due to any portion of the work shall be replaced or repaired at the CONTRACTOR'S expense unless found to be in direct conflict with the improvements. It shall also be the CONTRACTOR'S responsibility to protect the.-Vork during non -working hours, including industry standard methods for protecting the work for general safety. Any existing sidewalk damaged by the Work shall be removed in its entirety and replaced. Construction of the replacement sidewalk shall confirm to Section 604 of the INDOT Standard Specifications and Carmel Standard Drawing 10-14. All concrete sidewalks shall be placed on prepared compacted material in accordance with INDOT LJ Specification 207.02. Any existing curbing that is damaged by the Work shall be removed in its entirety to the nearest existing joint past the damaged section and replaced. Construction of the replacement curbing shall conform to the City of Carmel Standard Drawings and the City of Carmel Concrete Curb policy. Field tiles and/or subsurface drains encountered and affected by the scope of work specified within the Contract Documents shall be given a positive outlet. Any tile damaged by the CONTRACTOR'S operations shall be replaced by the CONTRACTOR at his own expense. TS 17 STRUCTURE AND PIPE IMPROVEMENTS All costs associated with structure or pipe improvements shall be included within the pay items provided and shall include common excavation, saw -cutting, or any other TS -27 available, the CONTRACTOR shall provide a signed detour route and shall provide all materials necessary. Trenches in the streets shall not be left open during off -working hours. The trenches shall be either backfilled with crushed stone or steel plated per current OWNER's ordinances or regulations. The CONTRACTOR shall be prepared to have all construction signs erected for the project as approved by the ENGINEER. — All temporary traffic control devices not listed separately or adjustments, labor, materials, etc., necessary for the maintenance of traffic as called for within the Contract Documents, or as permitted by the ENGINEER shall be included in the lump sum price for `Maintaining Traffic', as set out in the itemized proposal. Beech Drive (Culvert 122) is the only site that a road closure will be allowed. The CONTRACTOR is responsible for submitting a Maintenance of Traffic plan. TS 19 MATERIAL ACCEPTANCE _ ! All aggregate, concrete, and hot mix asphalt materials used for the project shall be produced from an approved source. The CONTRACTOR shall submit the names-, and addresses of the suppliers of these materials for the project to the ENGINEER at the-pre- construction he pre -construction conference. Prior to delivery the CONTRACTOR shall submit to the ENGINEER a copy of the certification for each material supplier. TS 20 CONCRETE In addition to INDOT Standards, the City of Carmel Standards and concrete paving policy shall apply to all concrete work. Any damage to pavement, curbs, sidewalks, etc. to remain in place shall be repaired at the CONTRACTOR'S expense and at OWNER (^; discretion unless damages occur beyond the control of the CONTRACTOR'S reasonable protection, care and diligence to maintain. All equipment, labor, materials, incidentals, etc. necessary for the concrete work associated with the Asphalt Path Patch shall be included in the unit price for Concrete Patch, Class A, 7.5 inch. TS 21 HMA — HOT MIX ASPHALT This work shall consist of courses of HMA at the locations shown in accordance with Section 402 of the INDOT Standard Specifications. An asphalt tack coat shall be applied between each course of HMA material or as directed by the ENGINEER. Asphalt tack coat shall also be applied in areas of surface TS -29 I� - no case shall the width of correction be less than the original paved lane width in that area. When the 16 ft straightedge is being used on an intermediate course, all areas having a high or low point deviation in excess of 1/4 in. shall be corrected by means of grinding with a grooved type cutter or an approved alternate method. Corrections for pavement smoothness shall not be paid for but will be at the cost of the CONTRACTOR. TS 23 UNDISTRIBUTED ITEMS - Quantities of undistributed items needed in addition to those shown on the itemized proposal and approved by the ENGINEER will be paid for at the contract unit price for at the quantity used on the project. There shall be no adjustment in the contract unit price if quantities are less than those shown on the itemized proposal and the item can be deleted entirely without impact to the contract amount. All work involving undistributed items shall be performed only at the direction of the ENGINEER. These items include, unless otherwise noted: 1. Perpetuation, existing pipe...............................................EACH TS 24 OPEN BURNING OF NATURAL GROWTH Open burning of natural growth is not permitted on this contract. TS 25 STREET CLEANING The CONTRACTOR shall provide effective dust control throughout the project. Loader - mounted pick-up, power sweepers, or other types of .pull type models shall be used for street cleaning. Street cleaning shall also be performed prior to the pre -final meeting as directed by the ENGINEER. Street cleaning will not be paid directly, but shall be included in the cost of various items of the contract regardless of the amount of times this operation is reasonably requested. Naturally occurring conditions, out of the control of the owner, that cause more dust control than normal shall not be a valid reason for request of payment for dust control. TS 26 TRANSPORTATION OF SALVAGEABLE ITEMS Existing pull boxes, poles, guardrail, pipe(s), traffic control devices, castings and manhole covers, etc. specified to be removed shall be salvaged and stockpiled at the job site by the CONTRACTOR. Those items designated by the ENGINEER shall be ' delivered, by the CONTRACTOR, to the OWNER: City of Carmel — Street Department J TS -31 t_� compaction shall comply with Section 211.04 of the INDOT Standard Specifications. The top six (6) inches of the backfilled area shall be top soil in accordance with Section 914.01 of the INDOT Standard Specifications. Any roots remaining after all the removal of any designated item shall be removed to a depth of 6 inches below the surface of the surrounding ground area. Backfilled areas and the surrounding ground areas are to be raked to the satisfaction of the ENGINEER and seeded. All work shall be in accordance with Section 621 of the INDOT Standard Specifications. All equipment, labor, materials, incidentals, etc. necessary for completion of this work shall be included within Restoration/Erosion Control, &jtqJ LS. TS 30 SAW CUTTING In all areas where proposed construction matches existing conditions, full depth saw cutting shall be required. No direct payment will be made for saw cutting but the cost thereof shall be included in the costs of the other items. TS 31 HMA SURFACE COURSE Prevailing Specifications: INDOT 401, 402 Additions: "g, The HMA surface course shall not be placed until all new pavement areas within the project limits, including mainline, approaches and areas of incidental construction, have been completed and are ready, in the opinion of the ENGINEER, for the HMA surface course. TS 32 PUBLIC MEETING The CONTRACTOR will be required to attend public meetings as necessary throughout the duration of the project. Any meeting dates will be determined a week in advance and are anticipated to take place in the evening during a week day. No payment will be made for this work. The ENGINEER will make available any needed plan sets for such _- meetings. TS 33 TOPSOIL The CONTRACTOR shall conduct his grading operations in a manner that the areas designated on the plans to be seeded or sodded shall have a minimum depth of 3" of sufficient top soil in accordance with Sections 621.08 and 914.01 of the INDOT Standard Specifications. Topsoil shall be graded such that settlement to the surrounding grade of the excavated area is accounted for. The CONTRACTOR shall preserve a sufficient quantity of top soil from common excavation and will stockpile it if required. TS -33 TS 39 EROSION CONTROL GUARANTEE Prevailing Specifications: INDOT 621 Additions: The CONTRACTOR shall guarantee a stand of grass; and if through the actions of the elements, the seasons, animals, or man the seed does not grow; shall reseed, re -fertilize, and do that which is required to produce an abundant and uniform growth of grass on the areas requiring seeding in this contract. Final acceptance of the project will not be made 17 until the requirements of this special provision have been attained. TS 40 SOD AND LANDSCAPE MAINTENANCE AND WARRANTY PERIOD Seeded areas shall be watered in accordance with Section 62 1. 10 of the INDOT Standard Specifications with the exception of the following: Delete the sentence that reads: "Sod shall be maintained for a minimum of four weeks from the time it is laid before being accepted." And replace with: "Before being accepted, sod/seeded areas that are not irrigated permanently shall be watered and maintained for a minimum of 90 days from the':time the sod/seed placement for the entire project is complete. Any sod/seeded areas that are not accepted at the end of the 90 day watering and maintenance period shall be replaced at no additional cost to the contract and maintained for another 90 day maintenance period and this maintenance period and replacement shall continue until all sod/seeded areas have been accepted. The 90 day water and maintenance period shall exclude the winter months of December through March. Therefore, any maintenance days that overlap the winter months as defined herein shall be applied to the following year and beginning on April 1. Irrigated sod shall have the same requirements for the sod only and the actual irrigation system will be covered under the project Maintenance Bond for any deficiencies in the materials or craftsmanship." TS 41 EROSION AND SEDIMENT CONTROL Installation and maintenance of erosion and sediment control measures shall be in accordance with the Construction Plans, Approved Contractor Submitted Plans, and the requirements of Section 205 of the INDOT Standard Specifications. These items shall not be measured or paid for separately but shall be included in the cost of Restoration/Erosion Control, [site] LS. Any open cuts left at the end of each day shall be equipped with erosion protection. TS -35 v 2. ACOE — 404 Nationwide Permit Lakeview Drive (Location C) None Whispering Trail (Location D) 1. IDEM — 401 WQC Regional General Permit 2. ACOE — 404 Nationwide Permit F-1 Copies of all permits obtained by the OWNER are included as a part of the contract jdocuments. According to the requirements of the governing agencies, the authorizations must be conspicuously displayed at the project site and the CONTRACTOR shall j perform his work in accordance with the conditions contained in all permits. TS 46 DEWATERING The CONTRACTOR shall submit in writing a dewatering plan for each site prior to the beginning of work requiring dewatering. The plan shall include a sketch showing the proposed location of any temporary pipes, causeways, sumps, etc. as well as text j describing the method of handling both low -flow and high-flow conditions and specific requirements related to the lining method used. The dewatering plan shall meet all OSHA requirements for safety at all times. Damming of the waterway without a - provision for continuous flow in the case of pump failure will not be allowed. 4 t If permits beyond those obtained in advance by the OWNER are required due to the method of dewatering, the CONTRACTOR shall obtain the necessary permits and provide copies of the permit applications and approvals to the ENGINEER. No work in the channel shall proceed until the CONTRACTOR has obtained the necessary permit revisions or additional permits. All costs related to dewatering shall be included in the cost of other items unless a pay item is included for the specific site. TS 47 VIDEO INSPECTION (a) Contractor shall provide to Engineer CCTV inspection data via an adequately sized external hard drive every two weeks. - (b) All digital videos, pictures and data shall become the property of Owner. TS -37 hk i` �_. Contractor shall take digital still images of each defect, construction feature, and service connection to clearly depict it. More images may be necessary ^` depending upon the condition of the pipe. The digital photographs (.jpgs) shall be at least 50 kilo -bytes in size. The screen capture shall include an onscreen display with date, reach number, footage, and type of defect/PACP code. (1) CCTV footage videos files shall always be named as follows: Asset ID_yearmonthday_Time_Direction. ! �i Appendix A General License language for Outfall Structures Guidelines Floodplain Management Rules, 312 IAC 10-5-0.3 October 2013 The placement of outfall projects within a floodway is eligible for a general license without notification to DNR if the project satisfies the requirements outlined in this guideline document. ;I Outfall structure proiects that occur on the followinq waterways that do not qualify for the outfall structure -general license: (1) Within an Outstanding River, unless prior written approval from the division of water's environmental unit has been obtained. Listing can be found at www.in.gov/legislative/register/20070530-IR-312070287NRA.xmi.pdf (2) Within a Salmonid stream. Listing can also be found at www.in.gov/legislative/iac/T03270/A00020.PDF? List of designated salmonid streams are: - Where natural temperatures will permit, surface waters shall be capable of supporting put -and -take trout fishing. All waters capable of supporting the natural reproduction of trout shall be so maintained. The following waters are designated as salmonid waters and shall be capable of supporting a salmonid fishery: - Trail Creek and its tributaries downstream to Lake Michigan. - East Branch of the Little Calumet River and its tributaries downstream to Lake Michigan via Burns Ditch. - Salt Creek above its confluence with the Little Calumet River. - Kintzele Ditch (Black Ditch) from Beverly Drive downstream to Lake Michigan. -The Galena River and its tributaries in LaPorte County. - The St. Joseph River and its tributaries in St. Joseph County from the Twin Branch Dam in Mishawaka downstream to the Indiana/Michigan state line. - The Indiana portion of the open waters of Lake Michigan. - Those waters designated by the Indiana department of natural resources for put -and -take trout fishing. The 2013 stocking list is available online at www.in.gov/dnr/fiishwild/3622.htm (3) Within a Natural, Scenic, or Recreational river or stream. Listing can be found at - www.in.gov/legislative/iac/T03120/A00070.PDF?&iacv=iac2007 List of Natural, Scenic, or Recreational river or stream are: Blue River in Harrison, Crawford, and Washington Counties (a) The Blue River in Harrison, Crawford, and Washington Counties is included in the Indiana natural, scenic, and r� recreational river system from river mile 57 downstream to river mile 11.5. (b) The portion of the Blue River described in subsection (a) is divided into the following segments: (1) From river mile 57 downstream to river mile 42, the river is designated as a scenic river. (2) From river mile 42 downstream to river mile.32, the river is designated as a recreational river. (3) From river mile 32 downstream to river mile 22, i I the river is designated as a natural river. (4) From river mile 22 downstream to river mile 11.5, the river is designated as a recreational Cedar Creek in Allen and.DeKalb Counties Cedar Creek in Allen and DeKalb Counties from river mile 13.7 to the confluence with the St. Joseph River is included in the Indiana natural, scenic, and recreational river system and is designated as a recreational river. Wildcat Creek in Tippecanoe and Carroll Counties The North Fork of Wildcat Creek in Tippecanoe and Carroll Counties from river mile 43.11 to river mile 4.82 and the South Fork of Wildcat Creek in Tippecanoe County from river mile 10.21 to river mile 0.00 are included in the Indiana natural, scenic, and recreational river system and are collectively designated as a scenic river. In addition, if the project requires an individual permit from the United States Army Corps of Engineers under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act, the project does not qualify for the general license. Additional examples and diagrams on the general license for outfall structures Appendix B SECTION 401WOC REGIONAL GENERAL PERMIT _NOTIFICATION State Fprm..61 P37 (R4 / 5-1.5), INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM)vbfid U.S. ARMY CORPS'OF ENGINEERS (USACE) Authorities: .Sectiori401 Water Quality -Certiffdation,,'Section.404 of the Cleen Water _y X Act, and S6cti . on' 10 of the Rivers and , Harbor Act INSTRUCTIONS: 1.. Familiarize yourseif-with tfie1erins,and conditions of this permit Date Received; 2., Read the instrucfions.befqi�efilfting out thi&form. . 3. A . I . 1, app # I ca I ble-sections of this two (2). page'form form must be completed, IDEM IM: Processing Date'. E-mail Address; E'­rna [Adds e. r ng coma, j1ftChf0rd@carrne1.in:9ov r.e .5. jiS6hburg@h ri in PROJECT LOCATION, H , amilton Nearest TO": Carmel 'Quad 9 Name: Cafttl,el Fectiion­2� Township: 18N Rahge'3E: Latitude.: 39058'41.40'N: Longitude: 86*:018.821W Projeo Aodress.and Driving Qjrqct16fis: FromIrididnapblis, take. r M.Oddlain Street North.to the Old Meridian Street Exit, Continue on Old'Meridian Street to 3rd traffic circle. At this traffic circle; take the 1st exit for Main Street. The cjIvert.is located appx. 0.35 miles; east;of.the.traffic circle. exit., EXITING CONDITIONS` ON THE PROJECT'SITE:v -Lak6: [],Yre�s [I No., Name of.L6k6: Stream: Ca Yes. [I No Namer:ofl Stream*. Strearri Type: 0 Perennial 10 Intermittent- Ej Ephemeral -UNT Little Cool Creek 'Wiatland's El Yes 0 No Acreage onthe site by Wbtland-Type(s): Emergent: Scrub7Shnjb. :Forested Date. (M6dd/yyyy) of Welland Delineation; Palo MMIWI My)vAf-the V'S.,Army Corps of Engineers, Jrisdiction:Correspondence: `PROJECT IMPACTS ActiVity Descriptibn' The*.ex*ist'Ing Wn 9$* x.60' :CMP.arch culvert I s under I MainStreet aet cceying U . conveying NT to Littie Cooi Creek k ctural condition:, and,v.111 be lin . ed. The r1ee. is in poorstructural lining Will consist -of:6i.the.r..,shot.c.r6tO, CIPP, or Thermoplasti[c Liner. The lining type Will bee-deteri-nin6d by:the contractor at g roject bidding. Purpose of Project The purpose. of th6 project is to restore the structural. integrity rit of the. pipe andprplon'9the service life of the culvert. .. Fo'r'Lake lmpbdt(69coot6bletillisderinedihthe instructions): (1) 'P,hea(( feet of shorellpe-imbacit (EXample — Seawall): . (2) Type .oftffbelow the, Ordinary High Water Mark: Vol.ume:(Cublc Yards)' Acres: (3) Does the shoreline or open water aree'have:vegetation present! 0 :,Yes, [I No If Ye§,.are you proposing 6atbi*al sh6rdine,stabillzafioO .0, Yes, [I No Description: .(4) Op6h water fill beyond shoreline: (aamples — Boat.Welli Underwater Beach): Type of Fill: Acres: Operations' Division, Requlaktory..Branch: (North) ID No. LRL-20,16-464-1cl . Ms,,, diilia.. Litchf ord' -City of Carmel '1.:CivJc "Pqu4re Catmel, Indiana, 46032 'Dear Ms... Litchf ord,, DEPARTMENT OF THE ARMY U.S. ARMY ENGjNEqK,QIST.-RICT I LOUISVILLE: CORPS 017 ENGINEERS IND,IAKAPQUS'RE I Pb�A�,QFFIO ;8902 OTIS AVENUE..SUITIE.S IWO JNbIA NAPOLIS',-jNDIANA.462'18-.1055:. FAK-31M47-4526- -kay n, 2016 This is in regard'to the1etter of April 22, 2016, -from HWC T#e,-project is 16cAt6d d .: �39.;57 0 N d ': �:8�6" at'LatIltu. e, Ldnqltu e -Car 11amilton. County, Indiana.. We have reviewed the submitted I data relative to Section .464 of the Clean Water Act (CWA-),.: We have -determined that thepr 'osid p 'roject is auth_"i'ed under te Provisions of, but Nation-wide", Ve-3mlitNWP. RA16 .for t:.rjce as; CV Maintena published iii 'the Federal .Register on February 21, 1612-, We do -require iancewith - the.Conditions of the NWP.., enclosed terms anti -,General ,,Compliance with the Water Quality cert J'Lfication Issued by: the 'Indiana 'Department ok'Environmental Managements (IDEM) dated February 3.8-, 2o1.5 19-,41SO required.. This verification is -valid until the NWP is modified, reissued,. or: rekrok4d. All, ofthe existing..NWPs are scheduled to be modified, reissued, :or, :revoked prior to, March 18,� 2.0 : 17. 1 .. t is inbumbent:upon you" to: remain informed, .1 of changes to the :NWPs. We will issue a Public!. notice. when. the NW ­Ps . are reissued Furthermore; if you commence: or are undercontract to-c6iften' th'' _ Pe is. act V.ity.bef6rethe date tha'E:;the "relevant .-h&tionwide perm -it is. modifie d, or f0y6ked, you will,t Me 1ve '(12") months from the date of the modification. . ;revocation of the , mp. to complete the activitydth under e .present terms and, conditions of '.this; nationwide pe=it!. The. enclosed. Compliance Certification shouldbe, signed and returned when the= project is 'completed.. 'Ifyou have any questions concerning this matter, please contact, me bv- writing: to the above address;; or.by cd1ling 317,-543 9424. Any correspondence should ,:.ref ereh.ce our assigned Identif ication: NumberL -4016-464=1,cl:. Enclosures Copy Furnished; - J Sincerely, CJ" - Y Laban C'. Lindle Team Leader Indianapolis Regulatory Office IDEM (Turner). HWC1 Enyineeri ncr (Isenbur For Strearh Impact (Acceptable fill is derthed ininstructioAs)7 (1) Total linear feet of stream Impact (Examples - bank�stabilizatlon; bridge construction or culvert p1tidement, -seawall work): 40 (2) Total acres) of stream impact: 0.003' (3)Type of fill below ther 0 . rd I inary High Water Mark-. No Work Occurring Below OHWM, - Outside of Culvert N/A Yolurne,(Cuoic. Yards)- a v). 6/3.1116 10/31116 Prqposed.siart. d'te of work in stream (iniWatd�"i, Proposed:end,daie,of work imthe stream (MM/Mow): ' ,Channel depth'in feet (See instructions): 2 (6) d-annel.widih'ln,,feet,(Spe'insfru6bons)- 11.33 Crots-sedtidnal area below the Ordinary High Water Mark. 14.7 (7); For.strearri crossings ' f Culvert Lining sinpityp6 d.structdre. proposed to Installed (Examples; of four culvert, pipe); (8)' For stream crossings, width o.f'culve ; rf strupiLde/diarneter of pipe to belffstalled (feet): N/A Leri4th:ol'culved structure/pipe (feet): N/A '(9), Forstream crossings; .substrate. - type (i.e. sand, s.011.or unconsolidatedlill, bedrock or consolidated bll): Soil .(1,0) Open.waterfill 4hat project . s ­ beyond the 'stream . bank:, Type of -fill`. N/A Acre(s) of open waterimpact: mpact. N/A For Wetland Impact' (Acceptable 6114s dehhed, in lnstiuctions):; -(1) TY06 of "(2) A#e(s) of Impact. ... .. . .. 'Emdegent ...,Sbrub-Shrub: Forested SIGNATURE OF APPLICANT A LIC TFAFFIRMATION � INIATION .1 certifythat I arn.famillar with the.information contained in this notification form and, to the laest,.of,my, knowledge and belief, such informlatiamis trueland accurate. I certify that 1, 'have -the quthoritylo undertake. andwill'under.take the activities exactly as described inihis, notification form., l,am:aware that there . . . I I I - .are, penalties.,for submit ting false I nformation. I *unders tand1hat-an 6t y'6anges in project -design subsequent to I . D EM!s, and the USAd�i granting authorization to discharge to a water -of the U.S. are notauthprizedi'and that I may -be subject :to,civil and criminal penalties for proceeding witho-Utproper authorization. I agree16 allow representativesof IDEM.and the :USAGE to. enter, , and Inspect thel-project site. [understand that the granting of other -permits by local; ttatelj& f6ddratagencies does not release me, from the requirement of obtaining the authorization requested herein bafdr6-c6mm0hcirig the project: Sipature of-AbDlicaht> rWW i' Date (mmlddlyyyy), Printed Name bf-Apbllc6hE Julia Litchford Iltle' Staff tn qin6er ocuments,and. information.; may Enclose copies: of the f6 flowing documents (all enclosures mus t. be...on,8.5" b y !V,paper). Failure." to. provide a . 11 applicable documents result in a_ determination, that the proposed. project ls,out of scope.. (1) 0,1odation Map (2) �`bravaiiinis of wasting site and proposed project:, (3) [I Cr.qss:sections of proposed activities,showing extqhtpf I fill waterwarci! (fbr seawall, shoreline,. and stream bank; -stabilization .impacts) (4). El 'Crom.s4ctions of proposed activities. showing the liankfult-Width.or Ordinary High Water Mark. -of the stream (6) R] At least three bh6tds of the site labeled (6). ❑ Copy of wetland delineatidn.repoil:(for projects with wetland Impacts) (7) ❑ Copies of all: correspondence from the,USACE (for projects with wetl6nd-firipaCts) (8) El Copies, bf'al[porrespbridende from the Indiana Department of Natural Rdsources', Divislon,of Nature Pidserv6s (Tguod)' Ole.as.O.Note' ,(1) Itis recommended that you send this form 'and the attachrhents via certified mail. The agencies will not,notify you When this form is received. -(2) IDEMandthe USACE-virill review this form and all attachments iorbompleteness and accuracy; You vAll,hot be contacted durihgthe application process unless deficiencies' are identified'at which time the agencies may require additional information "t6 veri fy'thit *the project meets all conditions of kegl6nal`G�0&61 PetrniUand the Se6tion'*401 Water Quality Certificat16n'(VVQC),. If you are. not,contacted b . y I ID . EMwithifi.thirty (3b)Aa y's' of the date 1 1 i IDEM receives1 this-notificationI .fbrm, your project is auth6fikdd, subject to the, terms and 66 n 6iii6fii:6f,th6 8ectiior 401 Wate'r"Quahty Certification and its j. condition,S:..,You Wjll'n'ot receive a written confirmation; 6,fa" thorization.from IDEM; hJ rl6eJSAC will issue written (3) Read all the terms arid conditions of the IDEM Re9 ional,General Permit; including all'USACE-and IDEMOnditions. The terms and conditions of this general permit as instituted by IDEM can be folund'at:- fittp://wwwlih.cibv/ideni/wetlbnds/2353*.htm . Do not. submit%this)notification form or commence Work on the proposed project. until you understand and are familiar wittf the limitations and restrictions. of the IDEM Reglon6l.Gdmaral Permi.tINIPtificbtion Form. (4) Consult this webpage for more information: http://www.i6.cioviidem/wetiands/index.htm Upon completion letion. of the, application, maiftfifsjorrn and, all enclosures to; India a,'DepartmehtofEn'virbnhient6i'Mahaciement U.S:Army Corps of Engiridefs OfficO.of Water -Quality; Wetladds and Stotm.Water Section Regulatory, Branch Section 401 WQC/Isolated Wetlands Program. For offiQe local ions,serving Indiana; ana; please visit, 1,OQ,Nqrth:Sena(te Avenue, IGCN, Room 1255:: httO:/Iwww.ug6de.army .niil/Lbcbfio6t:btb Indianapolis, Indiana 46204-2251 Appendix D SECTION 401 wac, REGIONAL GENERAL PERMIT NOTIFOC'ATI-Olm 'Siate*orm :51937 i 4/t ' -l5j - . I - - I.. . 1 . INDIANA DEPARTMENT OF. ENVIRONMENTAL MANAGEMENT(IDEM),and U.S. ARMY CORPS OF.ENGINEERS (USACE) Authorities: :.S6cfidn,401,WatdrQttality.Certificationi;gecti6n-:404-of theVeanMater Act and Section -lo of A iheNi6n; and Hirbor.Aqt , INSTRUCTIONS a 6f this permit. 2.; Read the /nstructrons before Wag -out this toft. -- I Aii ljcebk�secftons of completed . - app this two'P page form must be coMp ....... . 10AGENCY DateReceive&' . . .... .. ... ... . IDEM ID Processing Date: Latitude 6 ' 3 "N: Lon* 66?:51-8 "W Proieet Address and Driving Directions: Take 1-70'Eastlo, 1465 North. .Take 1-465.Northlolhe Keystone Parkway exit: Go north on Keystone Parkway Ad the: 136th,Street Exit. Take the Istexit off Stream: Yes r:io Name Stream Type. - D p4rpnnp0 Intermittent [ Ephemeral UNT [Witchnerbitch Wotiands. 0 Yes El. No: Acreage on -the site .. e 0yWetland Type s EMqrgent 'ScrubShrub. forested Vp!urne. {Cubic Yards):., Acres:, Operations Division Regulatory Branch (North), ID No:. LRL-2016-4'66;-1cl DEPARTMENT I O I F T H I E,A I R M . Y U.S., ARMY ENGINEER DISTRICT; LOUISVILLE .1—CORPS OF ENGINEERS INDIANAPOLIS REGULATORY OFFICE 8902 OTIS AVENUE, SUITE -S10613 INDIANAPOLIS; � INDIANA 46216-1055`� IF :-:,31,7,-5,4,7-45'26 May 2.1., 2`016 Ms. Julia Litchfotd Cit Y -of, Carmel I Civic Square Carmel, Indiana 46:03,2' Dear Ms' ;Litchf'okd! Thi:s. is in regard to the letter of April 22, '2016,fro in h HWC Engineering eering concerning the proposed installation of liner in.the.CM u c lvert carr ying ~, Beechtree Court over an unnamed tributary('Si-qAl1,-structure.' qk' ;j -,c -elii��r' 1, t -'.", 128J, and discharge o. riprap scourprotection., The project is located it Ma.t tude .39.9,8520 N: Longitude'.-. 86.68-520 W, Carmel., Hamilton County; Indiana, We have reviewed the submitted data relative to. Section 404 of the Cleaxi Water Act (CWA) We have. determined that' the" pi 'd project" i ;authorized under, thel- rqppse� proje s provisions of outN t 'd ionwi e Permit (NWP) 33 CFA 3.30 (1) fo Maintenance, as published -in the Feder' Al RegJs-ter on -February .2i,, 2012: - We, do: tequi. e: .dompliance with: the enclosed terms and General Conditions of the NWP4: Compliance with the Water Quality Certification issued by the Indiana. bepartm(int of. Environmental Management (IDEM-): dab04 February 2.015, is also. required. This verif id&tibxi La. valid until, the NWP Is: mod" iied, reissued or J! revoked. All of the ekisting. NWPs are scheduled to be modified., rei'ssued, or: revoked prior to March 18, 2017,.: It is, incumbent upon you to: remain ihformed of changes. to the. NWPs,. We will issue a: public ript.ide'.wheh, the NWPs are reissued. Furthermore, if you commence. or. are un -der- :contract to commence t . his; activity before the; date that:the teldvdnts i nat onwide permit is modified or revoked, You will hdVe. twelve (n)months from the: date or 't he modifid.ati6ior revocation of the NWP to complete the activity under the present terms. And conditions,, of this. nationwide. permit-'- The enclosed, Complianc6. Certification, should be -signed and returned when the proj:ect is If.you have any questions concernin this matter,. please contact me by Writing to the above address., or by calling 33.7-543,-J424. Any correspondence :.should. reference our assigned. Identification Number 'LRL"2016-466- lcl: Enclosures Copy Furnished. ..Sincerely; L'aban C. Lindley Team Leader .Indianapolis Regulator.y Office IDEM. (Turner) 11W C Engineering (1,6enblArcr) For. -Stream Impact (Acceptable fill is defined in instructions)'.. {1) . Total linear feetof'stream impact;(Examples,- bank stab'iliza'tion, bridge construction or culvert; placement, seawall work): 230 (2). Total acre(s) ofstream impact: 0:022 (3) Type of fill below the Ordinary High.Water Mark: Riprap. Volurme (Cubic.Yards).' 8:33 0j Proposed start,date of work in thestrearri (mm/doVyy): 6/1/16 Proposed end date of work in the stream (mrNdcUyyyy): 10/8116., (6) `Channel- vidth'in feet (See instructions):, . 5' Channel depth in feet (See instructions) 1:,5' (6) Cross-sectional area:betowthe Ordinary High Water Mark:, 3.75 Square Feet (7) For stream crossings, type of structure proposed to be`fnstalted.(Examples:;three=sided odour-sided culvert, bridge, pipe): Storm: Sewer Lining (8) For stream crossings,' th of culvert'structureldiameter of pipe to be installed (feet): N/A Length: of culvert structure/pipe (feet):: 'NIA (9) For stream crossings substrate type (i a sand: soil or unconsolidated tilL bedrock or consolidated'till): SOO (10): pe water fill that projects beyond: the: stream. bank: Type of fill:; N/A . Acre(s):of,open water•mpact: N/A. :For W60and Impact (Acceptable: till is, defined in:instructions): (1) Type of fill; (2) Acre(s) of Impact: Emergent. Scrub-Shrub Forested SIGNATURE OF APPLICANT„ ;STATEM'ENT OF AFFIRMATION i•ceitify that I'am familiar with the information contalned in this notification form and to the best of my knowledge and belief, such information is true,and acourate. I`certify that have the authority to und4fiik and tnnil undertake the, activities exactly as described in this;notification form. I am aware that there, are: ;penalties for submitting falseinformation- I understand that any changesan project de, signsubseque..nt to IDEM sand the USACE's:granting of authorization to discharge.to a,watei of the U.S; are not authorized;.and that l may subject to civil.and cnmmal:penalties for proceeding without proper authorization: i agree to, allow representatives of IDEM and the USACE to.enter and inspectthe project site. I understand`that the granting of other permits by local, state, ,or.'federal agencies,does not release me' from the requirement of obtaining the authorization requested herein `before'commenc ng the projecL ;t t 8i nature ofAA licant:. AAA? U&le- Date mm/ddL «Z� (,'�•. 9 PP ( YYyy) Printed Name of A licant .�ulra.Lit�hfofd PP Title:. Staff Engineer ' Enclose copies of the following documents (all enclosures:must be on 8.5" by, 3.1"paper). Failure to provide all applicable documents arid.informationinay result in a determination that. the. proposad project is out of.'scope: (1j :Q Location Map (2) R) Drawings.,of_existing site and ptoposed"project (3) E] Cro§s•secfioris of proposed actiities showing extent` of.fill'waterward (foil seawall, sharelrne; and streamdank stabiLzatJo i impacts) (4) ,� Cross sections'of proposed activities showing the bankfull width or Ordinary. High Water Mark of the stream At leastthree:. photos of the sit.e, labeled (6) ❑ Copy of wetland:iteilneationreport(forprojectswith.wet(and impacts) (7) E] Copies of 611-C orresponde ce from the USACE (forpru)ects with wetland impacts) (6) :R3 Copies of ali correspondence from the Indiananepadment of Natural Resources; Division,.of Nature Preserves (required) Please Note: (1) Itis. recommended thatyou send this; form and the attachmenlsvia certiffed'mall: The agencies will not notffyyou when thisform is received.. (2) IDEM. and the USAGE will review this form .and,all aftachments for completeness and accuracy. You will, not be contacted during the application process unless deficiencies are identified atwhich time the agencies may require additional informationao verify that the,project meets all conditions of the Regionai General`Permitand the Section.401., Water Quality Certifrcation`(WQG). If you are,not contacted by=IDEM -Within thirty (30) days of'the date. IDEM receives this notification forrm,yourproject is authorized.: subject.to theaerms and conditions of the. Section,401 Water-Quality, Certification and its :conditions. You.will"not receiveawritten'confirmationof.authorizationfrom IDEM,however the USACEwill Issue written authorization. (3y: Read all the,terms:and conditions of.tl)e IDEM; Re-ional'General Permit, including' If USACE and IDEM conditions: The.terms:and conditions of this: general permit as instituted byIDEM can be,found'at: http:l/www.in.Qovfidem/wetlands72353.htm . Do. not submit this. notification form or commence work on the proposedrproject until youunderstand and.are familiar with the limitations and'restrictions of thejDEM Regional. General Permit Notification Form. (4) Consult this Wpopag6. for niore information: htto://www.in.gov/idern/wetlands/ind6x.htm Upoh.completlon of the applicatiori;,mail thls.form and all enclosures to: Indiana Department of Environmental Management U.S. Army:Corps of Engineers Office of Water: Q'uaiityx Wetlands':and'Storm (Nater Section Regulatory Branch A cfion 401 WQC(Isolated Wetlands. Program. For office. locations serving Indiana, please visit: 100.North Senate.Averlu.e, IGCN, Room 1255 http:liwww.usace-.armv;mil/Locations.asl)x Indianapolis; Indiana 46204-2251 Y e Appendix F O y SECTION 401 WOC REGIONAL GENERALPERMIT NOTIFICATION Form 51937 (R4 t 5-15) .INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM) and U.S. ARMY CORPS OF ENGINEERS (USACE) -! Authorities: Section 401 Water Quality Certification, Section 404 of the Clean Water Act, and Section 10 of the Rivers and Harbor.Act INSTRUCTIONS: 1. Familiarize yourself with the terms and conditions of this permit. 2. Read the instructions before. filiing.out this form. .3..All applicablesections.of.this two.(2) page form.mustbe completed. I� i_J AGENCYS� ONLY jMoY.: x ., Date. Received: IDEM ID: Processing Date: APPLICANT INFORMATION Nameyof Project Storm SevuerLocation D Serving. PleasantyieW DriVe Designation Number Applicant.. City of Carmel Agent:(Name.of Company): HWC Engineering ContactPerson:• Contact Person Julia Litchford Jacob Isenburg PE 'Address (numberand•street) Address (numberand'street) 1 Civic Square 151` N Delaware St., Suite:;800' City:Carmel State: IN Trp Godes 46032 City"' Indianapolis State: 'IN Zip:Code:46204" Telephone Number 317 571:-2309 Telephone Number: ( ...) (3.17)347=3663- E:mail.Address: • • :E -ma Address: �litchford@carmeHn' .gov psenburg@tiwcengineering.ci rn PROJECT LOCATION County: Hamilton Nearest Town': Carmel : ;Quad Name• FISI1ets Section; fi Toinmshlp: 17N Range -'4E, Latitude. `39`56'54.$8'N _ Longitude. o „ 86, 6:31::39 .. . ProjectAddreis,erid Driving Directions: Take 17-70 Eastto 1465 North. Take.1-465 North to'the Keystone Parkway exit. Go north'on Keystone Parkway to the106th>Street: exit. Take the 1st ezit`off the traffic circle,to.go east to.Lakeshore Dive E.; Turn left on Lakeshore Drive E:to go north to Lakeview.Drive,,Lakeview Drive curves west to become: Hensel Drive Take'a right onto Pleasaniview• Drive. Storm SewerLocatiortD.is approximately 0.19 miles north of the intersection of Pleasantview Dr;and Hensel Dr. . EXISTING CON DITIONSONTHE PROJECTSITE _ Laker ❑ . yes -No Name of Laker Stream.: Yes ❑ No Name of Stream: Stream Type; ❑ Perennial ❑ Intermittent Q Ephemeral U NT to. Woodland Lake _ Wetlands ❑ Yes ❑ 'No Acreage:onthe site by,Vilettand Types) Emergent Scrub Shrub- Forested Date (mrnAcfg1yyyy) of.VVetland Delineation` Date (mm/dd/yyyy) of the U.S._Army_ - orps,of'.Engineers Jurisdiction; Correspondence: PROJECT,IMPACTS Activity Description:: The existing storm sewer under Pleasantview Drive is mpoor;structural condition and will be jined The lining type -will ,be;determined from -an :engineer: approved list'by the contractor' tit. pro)ect,bidding: Riprap"will be placed at the; pipe outlet for erosion protection .A"flared end section'Will also be added the outlet of the: pipe. P.urpose`of Project:. The"purpose of the project is to restore the structural integrity of the pipe and prolong the service life of the culvert, .For Lake Impact (Acceptabte`fiii.is defined..an the instructions)- (1) .Linear feet of shoreline impact (Example — Seawall);; (2) Type of fill below the-,Oidinary High Water Mark: Volume:(CubicYards):. Acres:. (3) Does-the.shoreline°or open water:area'have vegetation present? ❑ Yes ❑ No. If Yes, areyou proposing natural shoreline stabilization?: ❑ Yes ❑ No Description: ,(4) Open 'water fill beyond shoreline. (Examp"les—.Boat Well, Underwater.Beach); Type of Fills Acres: I` Op(Br&ti0#S DiV ' 1 h 'Rdguld,t6ry tran6h: (North) ID".Nd. LRL-20161-4:.63-lc1 Nd: Julia Lit,chford �qity. of Carmel, I,�Ci c. S(tu4re Carmel, Indiana 4603.2 Dear Ms. LitChford':, DEPARTMENT OF THE ARMY U.S.ARMY _ENGINEER DISTRICT,.LOUISVILLE: CORPS OF ENGINEERS INDIANAPOLIS REGULATORY OFFICE 8902 OTIS AVENUE SUITES166B I. , INPIANAPOLIS,: INDIANA 46216-10,55 FAXs:131M'474526 May 13, 2016 This is in regard to the letter of April 22, 2016., from HWC EOgineerinlq concerning. oncerning. the, proposed, installation of a culvert- end section and discharge: -arge.T o ripr' for scour protection in aniG��6 0 4p` tributary e Woodland L-catlon""c ,4, The project. JS: located on Wh ring.Trai°n,, Drive at Latitude: 3_�_,94_9160- N, Longitude: 86-1085.0 W, Carmel- Hamilton County,, Indiana. we have reviewed the. submitted data relative to Section 4.04, of the Clean. Water, Act (CWA�, Wb have. determined that the proposed project "d 'is authbriz ' 'd th e, un er ell, prov : 1pions of, our 'Nationwide, Permit , (NWP) 33 CFR 330 3) for Maintenance: as� published. -in the: `Federal 'Register on February 21., 2012. We do! ..3npquxre :'s of compliance with the enclosed:Terma and General Conditions onda.t "ionthe NWP. Compliance with the WaEer Ouality Certification icatio Issued by the , Indiana Department of Environmental- Management; (IDEM) dated'February IS- .2015-, is,al6o required. This verification is valid until the NWP is: modified, rei0suedj or revoked... All of the. existing NWPs are -scheduled.,td. be, modified, t6`8 - di or revoked prior to March 18, 2317. It. is incumbent uponyou to: r6rftaih'inform6d of changes to the NWPs. we will issue :a public notice when tet : XWP6 are: .reissued. Furthermore, if you ,commence *or -are under contract to commence this, activity before the date that the,. relevant nationwide .permit is modifiddbr a revoked`,. you will have . twelve (,I mon . ths from . the: date 6f:::.the, m6dificati . on or revocation c tion of the NWP to 'complete the. activiand ty, under present 'terms a conditions, of this nationwide permit. The en I I losod Compliance. I Cer . t I i " f I 1 -cat I i . on should be.signed and returned when, the project is completed:. TE you have any, questions concerning this matter; pi6a.se 'contact me by, writing to the above address, or by calling 3,17-543-9424. Any'Co d- Krespon ence should-re.f erence our assigned identification Number LRL-2.0,16-463-1'dl� 8nclosures Copy Furn1shed.- Sin erely, Laban C. Lindley Team Leader Indianapolis Regulatory office ibltii (Turner) HW.0 Engineering, J,1senburg) r` THE GUARANTEE COMPANY OFNORTHAMERICA USA Home Office, Soutf:fidd, Michigan STA TUTOR YBALANCE SHEET December 31, 2015 ASSETS Cash and Short -Term Investments $ 52,709,033 Marketable Securities 145,082,101 Premium and Agents Balances (under 90 days) 3,727,495 Reinsurance Receivable on paid losses 2,517,537 Accrued Interest and Dividends 1,082,243 Other Assets 1,683,650 Total Admitted Assets $206,802,059 LIABILITIES. Reserve for Losses and Loss Adjustment Expenses $ 8,741,072 Unearned Premium Reserve 15,481,043 Accrued Expenses 2,040,120 Ceded Reinsurance Premiums Payable 2,739,108 Taxes, Licenses and Fees Payable 213,292 Net Deferred Tax Liability 1,524,277 Funds Held 6,068,366 Other Liabilities 441,403 Total Liabilities $ 37,248,681 CAPITAL AND SUPLUS Common Stock and Paid -In Capital $144,020,970 Surplus 25.532.408 Total Policyholders' Surplus $169,553,378 Total Liabilities, Capital and Surplus $206,802,059 State of Michigan County of Oakland Stephen C. Ruschak being duly sworn, says: That he is the President & COO of The Guarantee Company of North America USA; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the laws of the State of Michigan, and has duly complied with all the requirements of the laws of said state applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duly qualified to act as surety under the Act of Congress of July 30, 1947, as amended (6 U.S.C. 6-13); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31' day of December 2015. Sworn to before me this 3rd day of March 2016. No Cyrnthfe A. Takal Notary Public, State of Michigan County of Oakland My Commission Expires February► 27, 2019 Acting in Oakland Courtly Stephen C. Ruschak, President & COO THE The Guarantee Company of North America USA GUARANTEE'" Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Mark Nelson, Randal T. Noah, Stella Adams, Mary Beth Milling, Tiffiany Gobich, Kelsey Freytag, Liz Ohl, Nancy Nemec, Tammy Masterson, Evan R. Derr, G. Dale Derr, Elizabeth McDevitt Assured Neace Lukens Insurance Agency, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of -such instrument(s) in pursuance of these presents, shall be as s binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s` day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor'of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer County of Oakland Randall Musselman, Secretary On this 23rd day of February, 2012 before me came -the individuals who executed the preceding instrument, to me personally known, and being by me duly swam, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal. and each signature were duly affixed by order of the Board of Directors of Sir? �a Cynthia A. Takai Notary Public, State of Michigan s4=t_ County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,.do.hereby certify that the above and. foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA; which is still in full force and effect. ¢`G TQ 00 IN WITNESS WHEREOF, I have thereunto set my hand'and attached the seal of said Company this day of kWl't' 2016 �"A1° Randall Musselman,. Secretary .- ... 4r, Office of Risk.Assessment Ohio Department of Insurance 50 West Town Street = Third Floor - Suite 300 John R. Kasich - Governor - Columbus,Ohio 43215 Mary Taylor - Lt. Governor/Director (614)6442658 Fax(614)644-3256 Certificate of Compliance www.insurance.ohio.gov Issued 03/29/2016 Effective 04/02/2016 Expires 04/01/2017 I, Mary Taylor, hereby certify that I am the Lt.Governor/Director of Insurance in the State of Ohio and have supervision of insurance business in said State and as such I hereby certify that GUARANTEE COMPANY OF NORTH AMERICA USA of Michigan is duly organized under the laws of this State and is authorized to transact the business of insurance under the following section(s) of the Ohio Revised Code: Section 3929.01(A) Aircraft Allied Lines Boiler & Machinery Burglary & Theft Commercial Auto - Liability Commercial Auto - No Fault Commercial Auto - Physical Damage Credit Earthquake Fidelity Financial Guaranty Fire Glass Inland Marine Multiple Peril - Commercial Multiple Peril - Farmowners Multiple Peril-- Homeowners Ocean Marine Other Liability Private Passenger Auto - Liability Private Passenger Auto - No Fault Private Passenger Auto - Physical Damage Surety GUARANTEE COMPANY OF NORTH AMERICA USA certified in its annual statement to this Department as of December. 31,2015 that it has admitted assets in the amount of $206,802,059, liabilities in the amount of $37,248,681, and surplus of at least $169,553,378. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused my seal to be affixed at Columbus, Ohio, this day and date. .Mary Taylor, Lt. Governor/Director INS7230(Rev.6/2003) Accredited by the National Association of Insurance Commissioners (NAIC) MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC. Financial Statements December 31, 2015 and 2014 Independent Accountant's Review Report r MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC. FINANCIAL STATEMENTS DECEMBER 31, 2015 AND 2014 TABLE OF CONTENTS Independent Accountant's Review Report............................................................................. 1 Reviewed Financial Statements: BalanceSheet........................................................................................................................ 2-3 Statementof Income............................................................................................................. 4 Statement of Changes in Stockholders' Equity..................................................................... 5 i Statementof Cash Flows....................................................................................................... 6 Notes to Financial Statements............................................................................................... 7-12 Supplementary Information: Schedule of Operating Expenses.......................................................................................... 14 c5A CASSADY SCHILLER CPAs & Advisors Independent Accountant's Review Report To the Stockholders Municipal & Contractor Sealing Products, Inc. Cincinnati, Ohio We have reviewed the accompanying financial statements of Municipal & Contractor Sealing Products, Inc. (an S corporation), which comprise the balance sheet as of December 31, 2015 and 2014, and the related statements of income, of changes in stockholders' equity and of cash flows for the years then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of Company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Accountant's Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountant's Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Supplementary Information The supplementary information included in the accompanying schedule of operating expenses is presented for purposes of additional analysis and is not a required part of the basic financial statements. The information is the representation of management. We have reviewed the information and, based on our review, we are not aware of any material modifications that should be made to the information in order for it to be in accordance with accounting principles generally accepted in the United States of America. We have not audited the information and, accordingly, do not express an opinion on such information. Cincinnati, Ohio May 26, 2016 CERTIFIED PUBLIC ACCOUN'T'AN'T'S 4555 Lake Forest Drive, Suite 400 i 13.483.6699 �5,F Prl meG I o ba I 't n rlepep nclnrinn of InAn Firm Cincinnati, Ohio 45242 800.378.8606 MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC. BALANCE SHEET DECEMBER 31, 2015 AND 2014 2015 2014 ASSETS Current assets: Cash and cash equivalents $ 81,025 $ 76,489 Accounts receivable 1,190,294 934,714 Inventories 210,140 124,027 Total current assets 1,481,459 1,135,230 Property and equipment: Leasehold improvements 29,396 26,509 Office equipment 10,176 10,176 Computer equipment 2,197 2,197 Vehicles 514,778 415,241 Warehouse equipment 260,025 195,579 Furniture and fixtures 3,166 3,166 Total property and equipment 819,738 652,868 Less accumulated depreciation 412,122 346,221 Net property and equipment 407,616 306,647 Other assets 1,436 1,436 Total assets $ 1,890,511 $ 1,443,313 See accompanying notes, supplementary information, 2 and independent accountant's review report. MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC. BALANCE SHEET (CONTINUED) DECEMBER 31, 2015 AND 2014 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Line of credit borrowings Accounts payable Accrued expenses Long-term debt due within one year Capital lease due within one year Total current liabilities Long-term liabilities: Capital lease due after one year Long-term debt due after one year Total long-term liabilities Stockholders' equity: Common stock Additional paid -in capital Retained earnings Total stockholders' equity Total liabilities and stockholders' equity See accompanying notes, supplementary information, and independent accountant's review report. 2015 2014 $ 306,762 $ 221,894 400,449 316,065 98,084 101,127 122,871 106,097 602 5,964 928,768 751,147 1,670 129,103 158,592 129,103 160,262 100 100 175,909 175,909 656,631 355,895 832,640 531,904 $ 1,890,511 $ 1,443,313 3 MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC. STATEMENT OF INCOME YEARS ENDED DECEMBER 31, 2015 AND 2014 Net sales $ 5,362,856 $ 3,316,342 Cost of materials 1,657,661 965,749 Operating expenses 3,306,372 2,161,264 Operating income 398,823 189,329 Other expense: Loss on sale of vehicle - 1,002 Interest expense, net 26,195 15,408 Total other expense 26,195 16,410 Net income $ 372,628 $ 172,919 See accompanying notes, supplementary information, 4 and independent accountant's review report. MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC. STATEMENT OF CHANGES IN STOCKHOLDERS' EQUITY YEARS ENDED DECEMBER 31, 2015 AND 2014 Balance, January 1, 2014 Net income Distributions to stockholders Balance, December 31, 2014 Net income Distributions to stockholders Balance at December 31, 2015 Additional Common Paid -In Retained Stock Capital Earnings Total $ 100 $ 175,909 $ 251,159 $ 427,168 - - 172,919 172,919 - - (68,183) (68,183) 100 175,909 355,895 531,904 - - 372,628 372,628 - - (71,892) (71,892) $ 100 $ 175,909 $ 656,631 $ 832,640 See accompanying notes, supplementary information, 5 and independent accountant's review report. MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC. STATEMENT OF CASH FLOWS YEARS ENDED DECEMBER 31, 2015 AND 2014 Cash flows from operating activities: Net income Adjustments to reconcile net income to net cash provided by operating activities: Depreciation Loss on sale of vehicle Changes in operating assets and liabilities: Accounts receivable Inventories Accounts payable Accrued expenses Net cash provided by operating activities Cash flows from investing activities: Proceeds from sale of vehicle Purchases of equipment Net cash used in investing activities Cash flows from financing activities: Proceeds from borrowings on line of credit, net Proceeds from long-term debt Payments on long-term debt Payment on capital lease obligation Distribution to stockholders Net cash (used in) provided by financing activities Net increase in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year Supplemental disclosure of cash flow information: Cash paid for interest Non-cash transactions: Property acquired through capital leases Property acquired through financing See accompanying notes, supplementary information, and independent accountant's review report. Of►A G $ 372,628 $ 0f)4 A 172,919 65,901 54,294 - 1,002 (255,580) (456,935) (86,113) (150) 84,384 182,028 (3,043) 68,074 178,177 21,232 - 3,000 (31,380) (100,537) (31,380) (97,537) 84,868 81,894 - 173,518 (148,205) (87,586) (7,032) (4,316) (71,892) (68,183) (142,261) 95,327 4,536 19,022 76,489 57,467 $ 81,025 $ 76,489 $ 26,205 $ 15,434 $ - $ 11,950 $ 135,490 $ - D MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2015 AND 2014 1. Nature of operations and summary significant accounting policies Nature of operations Municipal & Contractor Sealing Products, Inc. (the Company), an Ohio corporation, specializes in manhole rehabilition work. The Company provides their services to customers mainly in Ohio and Kentucky. Basis of accounting The financial statements of the Company are prepared in accordance with accounting principles generally accepted in the United States of America (US GAAP). Preparation of financial statements in conformity with US GAAP requires management to make estimates and assumptions that affect reported amounts of assets, liabilities and disclosure of contingent matters at the date of the financial statements and the reported amounts of revenues and expenses during the period. Significant areas requiring the use of estimates include revenue recognition, uncertain tax positions and the useful lives of long-lived assets. Management considers the estimates used to be reasonable. Actual results could differ from those estimates. Cash and cash equivalents Cash and cash equivalents include all cash balances and highly liquid investments with an initial maturity of three months or less. The Company places its temporary cash investments with high credit quality financial institutions. At times, such investments may be in excess of the Federal Deposit Insurance Corporation (FDIC) insurance limit. Financial instruments The Company's financial instruments are cash and cash equivalents, accounts receivable, accounts payable, line of credit borrowings, and long-term debt. The recorded values of cash and cash equivalents, accounts receivable, accounts payable, and line of credit borrowings approximate their fair values based on their short-term nature. The recorded value of long-term debt approximates its fair value, as interest approximates market rates. Accounts receivable The Company has elected to record bad debts using the direct write-off method. Generally accepted accounting principles require that the allowance method be used to recognize bad debts; however, the effect of using the direct write-off method is not materially different from the results that would have been obtained under the allowance method. There were no accounts receivable written off to bad debt expense in 2015 or 2014, respectively. The Company grants credit to their customers located in the United States. All accounts receivable are unsecured, but the Company performs periodic credit evaluations on its customers. See independent accountant's review report. 7 Inventory Inventories are stated at the lower of cost (first -in, first -out basis) or market (net realizable value). Inventory consists of concrete, concrete additive mixture, rubber seal and epoxy products. Property and equipment Property and equipment are recorded at cost. Depreciation is computed using the straight- line method over useful lives ranging from 5 to 39 years. When property and equipment are retired or otherwise disposed of, the cost and accumulated depreciation are removed from the accounts and any resulting gain or loss is included in the results of operations for the respective period. The cost of maintenance and repairs is charged to expense as incurred; significant renewals and improvements are capitalized. Depreciation expense was $65,901 and $54,294 for the years ended December 31, 2015 and 2014, respectively. Impairment of property and equipment The Company reviews the carrying value of property and equipment for impairment whenever events and circumstances indicate that the carrying value of an asset may not be recoverable from the estimated future cash flows expected to result from its use and eventual disposition. In cases where undiscounted expected future cash flows are less than the carrying value, an impairment loss is recognized equal to an amount by which the carrying value exceeds the fair value of assets. The factors considered by management in performing this assessment include current operating results, trends and prospects, the manner in which the property is used, and the effects of obsolescence, demand, competition, and other economic factors. Based on this assessment, there was no impairment at December 31, 2015 and 2014. Revenue recognition Normally, the Company delivers its products and services to its customers under short-term agreements. For these short-term agreements, the Company recognizes revenue as the products are delivered and the services are performed. In cases where the contract is over an extended period of time, the Company recognizes the revenue under the percentage of completion method. At December•31, 2015 and 2014, the Company has no cost and estimated earnings in excess of billings (unbilled receivables) and billing in excess of cost and estimated earnings (advanced billings) since the Company has invoiced the customer for all work performed to date. The Company did have $230,000 and $105,829 of retainage on contracts completed at December 31, 2015 and 2014, respectively. Income taxes The Company, with the consent of its stockholders, has elected under the Internal Revenue Code to be taxed as an S corporation. The stockholders of an S corporation are taxed on their proportionate share of the Company's taxable income. Therefore, no provision or liability for federal income taxes has been included in the financial statements. Certain specific deductions and credits flow through the Company to its stockholders. See independent accountant's review report. 8 Accountina for uncertaintv in income taxes The Company recognizes tax liabilities, when, despite the Company's belief that its tax return positions are supportable, the Company believes that certain positions may not be fully sustained upon review by tax authorities. Interest and penalties, if any, related to accrued liabilities for potential tax assessments are included in income tax expense. The Company's income tax returns for the most recent three years remain subject to tax authority examination. At December 31, 2015 and 2014, there were no liabilities related to uncertain tax positions. New accounting pronouncements In March 2014, the Financial Accounting Standards Board (FASB) issued ASU 2014-07, "Applying Variable Interest Entities Guidance to Common Control Leasing Arrangements (Topic 810)". This guidance permits private company lessees to elect an alternative to not apply VIE guidance to a lessor entity if (a) -the private company and lessee and the lessor entity are under common control, (b) the private company lessee has a lease agreement with the lessor entity, (c) substantially all ' of the activities between the private company lessee and the lessor are related to leasing activities, and (d) the principal amount of the debt at inception does not exceed the value of the asset lease by the private company lessee. The Company elected to adopt this alternative. See Note 6 for further explanation. In May 2014, FASB issued ASU 2014-09, "Revenue from Contracts with Customers (Topic 606)". This guidance outlines a single comprehensive model for accounting for revenue from contracts with customers, and is effective for annual reporting periods beginning after December 15, 2018 for nonpublic entities. Unless the effective date is extended, the Company will be required to adopt 'the standard January 1, 2019. Furthermore, the Company is evaluating the impact, if any, that the standard will have on the financial statements. In February 2016, FASB issued ASU 2016-02, "Leases (Topic 842)". This ASU increases the transparency and comparability among organizations by recognizing lease assets and lease liabilities on the balance sheet and disclosing key information about leasing arrangements. The update is effective for nonpublic entities with fiscal years beginning after December 15, 2019. Unless the effective date is extended, the Company will be required to adopt the standard January 1, 2020. Furthermore, the Company is evaluating the impact, if any, that the standard will have on the financial statements. 2. Borrowing under a revolving line of credit The Company has available a revolving line of credit with a bank for a maximum of $600,000. The line of credit expires March 25, 2016, unless extended. Borrowings under the line of credit bear interest at the prime rate plus 0.25% (3.50% at December 31, 2015). Interest at December 31, 2014 was charged at the prime rate of 3.25%. All borrowings are collateralized by substantially all assets of the Company. The outstanding balance on the line of credit was $306,762 and $221,894 at December 31, 2015 and 2014, respectively. See independent accountant's review report. 3. Long-term debt Long-term debt consists of the following at December 31: 2015 2014 Note payable to a bank in monthly installments of $826, including interest at 4.30%, due in March 2019. The note is secured by the related equipment. $ 29,940 $ 38,342 Note payable to a bank in monthly installments of $1,491, including interest at 4.79%, due in July 2016. The note is personally guaranteed by a stockholder. 10,365 27,321 Note payable to a bank in monthly installments of $1,027, repaid in November 2015. There is no interest being charged on this note. The note is secured by the related vehicle. - 10,267 Note payable to a bank in monthly installments of $3,026, including interest at 5.55%, due in July 2017. This note is personally guaranteed by a stockholder. 54,876 87,109 Note payable to a bank in monthly installments of $702, due in July 2017. There is no interest being charged on this note. The note is secured by the related vehicle. 11,233 19,658 Note payable to a bank in monthly installments of $1,193, due in September 2016. There is no interest, being charged on this note. The note is secured by the related vehicle. 1,0,759 25,502 Note payable to a bank in monthly. installments of $907, including interest at 3.44°/x, due in January 2018. The note is secured by the related vehicle. 21,857 30,982 Note payable to a bank in monthly installments of $538, including interest at 4.25%, due in April 2019. The note is secured by the related vehicle. 20,0.39 25,508 Note payable to a bank in monthly installments of $1,144, including interest at 5.19%, due in July 2018. The note is secured by the related vehicle. 33,126 - Note payable to a bank in monthly 'installments of $902, including interest at 5.99%, due in November 2020. The note is secured by the related vehicle. 45,992 - Note payable to a bank in monthly installments of $7,304, including interest at 0.00%, due in January 2016. The note is secured by the related equipment. 13,787 - Total debt 251,974 264,689 Less: long-term debt due within one year 122,871 106,097 Long-term debt due after one year $ 129,103 $ 158,592 See independent accountant's review report. 10 Future maturities of long-term debt are as follows at December 31, 2015: 2016 $ 122,871 2017 71,117 2018 33,890 2019 14,501 2020 9,595 $ 251,974 4: Capital lease The Company entered into a lease agreement in 2014 for equipment that is classified as a capital lease. The cost of equipment under the capital lease is included in the balance sheet as warehouse equipment and was $11,950 at December 31, 2015 and 2014. Accumulated amortization of leased equipment at December 31, 2015 and 2014 was $2,561 and $854, respectively. Amortization of assets under capital leases is included in depreciation expense. 5. 401(k) plan Year ending December 31 2016 $ 676 Total minimum lease payments 676 Less amount representing interest 74 $ 602 On January 1, 2014, the Company implemented a 401(k) plan covering all eligible employees. An employee will be eligible to participate in the plan and receive matching contributions after completing three months of service. The Company matches 100% of participant deferrals up to 3% of participant compensation and additional 50% of participant deferrals up to 5% of compensation. The Company contributed $49,438 and $31,874 in 2015 and 2014, respectively. 6. Leases Since 2005, the Company has leased its facilities from REOC 5 under a lease that is renewed annually. The stockholders of the Company own all of the equity of REOC 5 and guarantee the debt of REOC 5. The, carrying amount of that debt was $199,974 and $184,506 at December 31, 2015 and 2014, respectively. The debt is secured by the facility and is payable to a bank in monthly installments of $1,294 through June 2035 when the remaining principal is due. The debt bears interest at prime + 1% (4.25% at December 31, 2015). Lease expense totaled $45,400 and $42,200 in 2015 and 2014, respectively. The lease is operated under a month-to-month agreement. See independent accountant's review report. 11 Beginning in 2015, the Company leases various equipment from O'Connor Equipment, which is 50% owned by a stockholder of the Company. The equipment is leased on a monthly basis as needed for specific contract jobs. Total lease payments to O'Connor Equipment amounted to $47,000 during 2015. The Company also leases temporary housing for employees assigned to job contracts out of town that extend for a length of time. At Decemberr 31, 2015, future minimum lease payments are as follows: 2016 $ 14,998 2017 5,000 $ 19.998 7. Concentration of risk While the Company purchases inventory from a variety of suppliers, three suppliers accounted for approximately 61% and 67% in 2015 and 2014, respectively. Accounts payable to those three suppliers accounted for 53% and 57% of total accounts payable at December 31, 2015 and 2014, respectively. The Company had sales to three customers that accounted for 54% of sales. Accounts receivable from those three customers represented 29% of the Company's total accounts receivable at December 31, 2015. In 2014, three customers accounted for 38% of sales. Accounts receivable from those three customers represented 44% of the Company's accounts receivable at December 31, 2015. 8. Subsequent events Subsequent events were evaluated for disclosure through May 26, 2016, which was the date the financial statements were available to be issued. As disclosed in Note 2, the line of credit expired in March 2016. The line of credit was subsequently refinanced with a new bank, with a maximum loan value of $600,000, bearing interest at the prime rate (3.50% at the date of the note). This line of credit expires in April 2017. There are no other subsequent events that require disclosure. See independent accountant's review report. 12 SUPPLEMENTARY INFORMATION MUNICIPAL & CONTRACTOR SEALING PRODUCTS, INC. SCHEDULE OF OPERATING EXPENSES YEARS ENDED DECEMBER 31, 2015 AND 2014 Payroll and related expenses Supplies Equipment repairs and rentals Travel Insurance Occupancy Depreciation Professional fees Taxes Dues and subscriptions Bank charges Advertising Other expenses Contributions Licenses and permits 2015 $ 2,026,253 450,006 230,594 164,552 139,327 130,651 65,901 55,435 16,778 7,321 5,377 4,843 4,683 2,738 1,913 2014 $ 1,250,096 317,713 33,258 162,747 84,935 90,042 54,294 136,315 8,506 5,108 4,066 180 1,007 7,669 5,328 $ 3,306,372 $ 2,161,264 See independent accountant's review report.. 14 on of main business act Municipal & Contractors Sealing Products 7740 Reinhold Drive Cincinnati, Ohio 45237. Phone: (513)482-3300, Fax: (513)482-3309 mcsp7740@gmail.com Since 2000 Municipal & Contractors Sealing Products has been in the sewer rehabilitation business primarily serving the surrounding Tristate area. We perform trenchless storm water & sanitary sewer restorations specializing in manholes, mainlines and culverts through the application of cementitious & epoxy materials in order to rehabilitate aging and deteriorating sewer systems. CERTIFICATIONS Municipal & Contractors Sealing Products is a certified installer & applicator of the following products and lining systems: Azon Injection. Grout Epoxytec Sherwin Williams Polymer Cretex Chimney Seals LMK Technologies Standard Cement Raven Lining Systems JOB EXPERIENCE Project Dates: May 2016- Present Project Name Blueprint: Linden Lining Phase 2 Owner: Columbus, Ohio General Contractor: Insituform Technologies Contact Info: Jerry Ball- Office: (513)492-9372 Projection Description: We are contracted to sprayed 3320 of of Cementitous Reliner for manhole lining; we also will be installing 315 Cretex Chimney Seals; and bench & channel reconstruction. Project Dates: April 2016- May 2016 Project Name City of Blue Ash 2016 Culvert Repairs Owner: City of Blue Ash, Ohio Address: 4343 Cooper Rd. Blue Ash, Ohio 45242 Projection Description: Responsible for the Cementitious Rehabilitation of 2 Culverts. We completed the 72" CMP Culvert using 129 of of Standard Cement Reliner and the 36" CMP Culvert using 230 of of Standard Cement Reliner. Project Dates: January 2016 - Present Project Name 2014 Annual Lining Contract Owner: City of Columbus General Contractor: Insituform Technologies Contact Info: Jerry Ball- Office: (513)492-9372 Projection Description: Annual lining contract which includes 6320 of of Cementitious Reliner; installation of 326 Cretex Chimney Seals; and bench and channel reconstruction. Project: December 2015 - July 2016 Project Name City of Dublin Manhole Rehabilitation Owner: City of Dublin, Ohio Contact Info: Todd Garwick- Office: (614)410-4600 Projection Description: Sprayed 2849 of of Cementitious Product and the installation of 190 Cretex Chimney Seals. Project Name 2014 Sanitary Sewer Rehabilitation Project Owner: Village of Mt Orab, Ohio General Contractor: Insituform Technologies Contact Info: Jerry Ball- Office: (513)492-9372 Projection Description: Sprayed 824 of of Cementitious Reliner and 107 of of Epoxy. Project Dates: May 2015- August 2015 Project Name Pearl Rd Trunk Sewer Rehab 2014 Owner: Medina County Contact Info: Jeremy Sinko- Office: (330)723-9585 Projection Description: For this project we set up 3 by-pass pumps (24", 42", 48") in order to complete 1291 of of . Cementitious Reliner and ConBlockMIC pipe lining; and removal of various drops & landings. Project Dates: April 2015- January 2016 Project Name Dellway Street Sewer Replacement Owner: Metropolitan Sewer District of Greater Cincinnati (MSDGC) General Contractor: Rack & Ballauer Excavating Contact Info: Scott Rack- Office: (513)623-9337 Projection Description: Clean, TV & spray Cementitious Reliner to 2067 of of 30"- 72" pipe; apply 240 of of Raven fiberglass Epoxy; and rehabilitate chamber with Raven Epoxy. Project Dates: April 2015- August 2015 Project Name Caldwell Street Sanitary and Storm Improvements Owner: City of Dayton Engineering Division Contact Info: Cory Kinnison- Office: (937)333-3739 Projection Description: This project consisted of hydraulic & mechanical cleaning of 15"- 108" sanitary and storm lines; 1700 LF Sanitary CIPP Lining, 1386 of of Cementitious Reliner & 565 of of Sureflex Epoxy lining; as well as rehabilitating a 108" invert. Project Dates: March 2015- November 2015 Project Name 2015 Sanitary Manhole Rehabilitation (9% MBE & 6% SBE Participation) Owner: City of Dayton Engineering Division Contact Info: Cory Kinnison- Office: (937)333-3739 Projection Description: We have sprayed 3524 of of Cementitious Reliner; the project also includes the application of 580 of of Raven Epoxy. Project Dates: February 2015- March 2015 Project Name Dunbridge CIP Manhole Rehabilitation Owner: City of Bowliing Green Contact Info: Jason Sisco- Office: (419) 354-6227 Projection Description: Cleaned and removed the existing coating, then installed Triplex Cured In Place Manhole Liner in 4 manholes. Project Dates: February 2015- March 2015 Project Name City of Troy Manhole Rehabilitation Project Owner: City of Troy General Contractor: Layne Contact Info: John Murphy- Office: (614)529-6440 Projection Description: Sprayed 433 of of Cementitious Reliner and Epoxy as well as completed the rehabilitation of 22 benches. Project Dates: January 2015- August 2015 Projection Description: Installed cleanouts & 942' of LMK Cured In Place Lateral Lining,(CIPLL) with connections; various spot repairs & pipe patches; sprayed 824 of of Cementitious Reliner on existing manholes.& replaced 473 steps to complete the manhole rehabilitation; sprayed 2 chambers with Cementitious Reliner & Epoxy. Project Dates: October 2013- August 2014 Project Name Clintonville Sanitary Sewer Rehabilitation Owner: City of Columbus General Contractor: United Survey Contact Info: Joe Tartabini- Office: (440)439-7350 Projection Description: Installed 315 Cretex Chimney Seals; sprayed 2830 of of Cementitious Reliner. Project Dates: October 2013- May 2014 Project Name 2013 Muncie Large Diameter Pipe. Repair Owner: City of Muncie, IN General Contractor: Insituform Contact Info: Jay Ferguson- Office: (317)408-7136 Projection Description: Sprayed 460 of of Cementitious Reliner and 103 of of Epoxy as well as installed drops and completed chemical & cementitious grout repair. Project Dates: October 2013- November 2013 Project Name Camden on the Gault Owner: City of Camden, WV General Contractor: Mike Enyart & Sons Contact Info: Mike Enyart- Office: (740)523-0235 Projection Description: Applied 2608 SF of Epoxy to rehabilitate a water tank. Project Dates: July 2013- September 2013 Project Name Nottingham Culvert Project Owner & Engineer: Fisher Wastewater Utility Contact Info: Dan Tucker- Phone: (317)595-3167 Projection Description: Completed the rehabilitation of the Nottingham Culvert in Fisher, IN using Cementitious Reliner. Project Dates: July 2013- September 2013 Project Name Dayton Culvert Project Owner & Engineer: Peterson Construction Co Contact Info: Matt Renner- Phone: (419)941-2233 Projection Description: Consisted of the rehabilitation of a 48" Steel Culvert using 245 v of Cementitious Reliner. Project Dates: June 2013- July 2013 Project Name Sanitary & Storm Sewer Rehabilitation Owner: City of Mt Pleasant, MI Contact Info: Jennifer Flachs- Office: (989)779-5401 Projection Description: Sprayed 1125 of Cementitious Reliner to rehabilitate storm and sanitary sewer pipes. Project Dates: December 2012 Project Name Middlesport Culvert Repair Owner: Mike Enyart & Sons, Inc Contact Info: Todd Harrah- Phone: (740)523-0235 Projection Description: The project consisted of reconstructing a headwall at the entrance of a culvert. Project: October 2012- November 2013 Project Name City of Dublin Manhole Rehabilitation I