Contract - Guaranteed Energy Savings Proj No 124-015 - Veregy

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2 2.2.1 VEREGY will provide construction supervision, inspection, labor, materials, tools, construction equipment and subcontracted items reasonably necessary for the execution and completion of the Work. VEREGY agrees that not less than fifteen percent (15%) of the work, measured in dollar volume, will be performed by its own forces, excepting that not less than twenty percent (20%) of the work, measured in dollar volume, will be performed by its own forces, to the extent that the work is provided under a Guaranteed Savings Contract pursuant to IC 36-1-12.5 et seq. VEREGY agrees that any subcontractor employed for any part of this Contract awarded in excess of One Hundred Fifty Thousand Dollars ($150,000.00) shall be qualified with the State of Indiana’s Public Works Division Certification Board and shall have a valid Certificate of Qualification in the prime classification of work for this Contract. 2.2.2 VEREGY shall keep the premises in an orderly fashion and reasonably free from unnecessary accumulation of waste materials or rubbish caused by its operations. If VEREGY damages property not needed for the Work, VEREGY shall repair the property to its pre-existing condition unless CUSTOMER directs otherwise. At the completion of the Work, VEREGY shall remove waste material supplied by VEREGY under this Agreement as well as all its tools, construction equipment, machinery and surplus material. Unless otherwise agreed to herein, all surplus materials shall be the property of VEREGY. VEREGY shall dispose of all waste materials or rubbish caused by its operations; provided, that unless otherwise specifically agreed to in this Agreement, VEREGY shall not be responsible for disposal of toxic or hazardous materials removed from the facilities, such as fluorescent lights, potential polychlorinated biphenyl containing light ballasts and mercury-containing controls, but shall store those materials neatly at a location designated by CUSTOMER. 2.2.3 VEREGY shall give all notices and comply with all laws and ordinances legally enacted as of the date of execution of the Agreement governing the execution of the Work; provided, however, that VEREGY shall not be responsible nor liable for the violation of any code, law or ordinance caused by CUSTOMER or existing in CUSTOMER’s property prior to the commencement of the Work. 2.2.4 VEREGY shall comply with all applicable federal, state and municipal laws and regulations that regulate the health and safety of its workers while providing the Work, and shall take such measures as required by those laws and regulations to prevent injury and accidents to other persons on, about or adjacent to the site of the Work. It is understood and agreed, however, that VEREGY shall have no responsibility for elimination or abatement of health or safety hazards created or otherwise resulting from activities at the site of the Work carried on by persons not in a contractual relationship with VEREGY, including CUSTOMER, CUSTOMER’s employees, CUSTOMER’s contractors or subcontractors, CUSTOMER’s tenants or CUSTOMER’s visitors. CUSTOMER agrees to cause its contractors, subcontractors and tenants to comply fully with all applicable federal, state and municipal laws and regulations governing health and safety and to comply with all reasonable requests and directions of VEREGY for the elimination or abatement of any such health or safety hazards at the site of the work. 2.2.5 VEREGY certifies that it has been pre-qualified by the State of Indiana’s Public Works Division Certification Board to perform the work and furnish the services required by this Project as required by IC 4-13.6 and 36-112-5 et seq.. VEREGY further certifies that all information and documentation submitted by it in its Application for Prequalification Certification, it’s Proposal and submitted in response to the Project, is true, accurate and complete as of the date of this Contract’s effectiveness. VEREGY shall immediately notify CUSTOMER of any material change to such information. The Contractor shall immediately notify the CUSTOMER if, during the course of performance of this Contract, it or any of its principals are proposed for debarment or ineligibility, or become debarred or declared ineligible, from entering into contracts with the federal government or any department, agency or a political subdivision of the State. 2.2.6 VEREGY certifies that it and any of its subcontractors used for this Project shall comply with the provisions of IC Sections 5-16-13 et seq., including those provisions of IC 5-16-13 and IC 4-13-18 requiring the implementation of an employee drug testing program submitted as part of its Contractor’s Proposal. CUSTOMER may cancel this Contract if it determines that VEREGY: 1. Has failed to implement its employee drug testing program during the term of this Contract; 2. Has failed to provide information regarding implementation of VEREGY’s employee drug testing program and the CUSTOMER’S request; or 3. Has provided to CUSTOMER false information regarding VEREGY’s employee drug testing program. 2.2.7 As required by IC §22-5-1.7, VEREGY swears or affirms under the penalties of perjury that VEREGY does not knowingly employ an unauthorized worker. VEREGY further agrees that: