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HomeMy Public PortalAbout134-2017 - Brackney - Sewer Separtation - S. 6th StreetAGREEMENT 4gr* THIS AGREEMENT made and entered into this day of October, 2017, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners and its Storm Water Management Board (hereinafter referred to as the "City") and Brackney, Inc., 10028 US Highway 52 South, Brookville, Indiana 47012 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City retains Contractor to provide work for the South 61h Street Sewer Separation Project, which work shall include, but is not limited to, mobilization and demobilization, ewer installation, sanitary manhole installation, backfill, lateral connection work and street and alley repair relating to the work for the South 6`h Street Sewer Separation Project. City published Notice to Bidders on September 18 and 25, 2017 in the Richmond Palladium -Item newspaper for the South 61h Street Sewer Separation Project. A copy of said bid notice is attached hereto 4nd incorporated herein by reference as Exhibit "A". The bid response of Contractor, dated October 10, 2017, for the South 61h Street Sewer Separation Project, is set forth and contained in Exhibit "B", which Exhibit "B" is attached hereto and incorporated herein by reference and made a part of this Agreement. Contractor shall provide all work and services for the South 61h Street Sewer Separation Project as set forth above. Exhibit "B" also includes Contractor's itemized bid for this Project. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. Contractor's services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession under similar circumstances at the same time and in the locality where the services are performed. Professional services are not subject to, and Contractor does not provide, any warranty or guarantee, express or implied. Contractor shall submit statements or bills monthly. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 134-2017 Page 1 of 6 SECTION II1. COMPENSATION City shall pay Contractor a sum not to exceed Three Hundred Seventy -Seven Thousand Eight Hundred Seventy -Five Dollars and Zero Cents ($377,875.00) for complete and satisfactory performance of the work required hereunder. The monies to be paid to Contractor are based upon the bid sheet submitted by Contractor, which is set forth in Exhibit "B", and attached with this Agreement and made a part hereof. The monies to be paid to Contractor shall be paid 50% by the Richmond Sanitary District and 50% by the Storm Water Department. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until three hundred (300) days to substantial completion plus thirty (30) additional days for final completion. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least thirty (30) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect, provided that Contractor was notified in writing of deficiencies, given ten (10) working days to cure deficiencies and failed to remedy such deficiencies. c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims to the extent caused by Contractor's negligent conduct or performance or non-performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's negligent operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Page 2 of 6 A. C M E. Coverage Limits Worker's Compensation & Statutory Disability Requirements Employer's Liability $100,000 Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence Comprehensive Auto Liability (if applicable) Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate F. Errors & Omissions Insurance $1,000,000 per claim $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to Page 3of6 remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22- 16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. Page 4 of 6 m C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. The City hereby agrees to release and hold harmless the Contractor and all officers, employees or agents of the same from all liability which may arise in the course of City's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by fling with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. Kallla THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: / 1135 rm / " Sue Miller, President JAmE6ZBak&hi,-Vtc—e-P—resident eins, Member Dated: 112 - a Cy / THE CITY OF RICHMOND, INDIANA, by and through its Storm Water Management Board residentreg ins, Sue Miller, Vice President Dated: lu �`�� ✓ 1 7 APPROVE —� l now, or Dated: / 0 "CONTRACTOR" BRACKNEY, INC. Printed: Kevin Brackney Title: President Dated: i%y11 7 Page 6 of 6 NOTICE TO BIDDERS BOARD OF SANITARY COMMISSIONERS RICHMOND, INDIANA Notice is hereby given that sealed proposals will be received by the Board of Sanitary Commissioners of the Richmond Sanitary District of Richmond, Indiana at their office at the Administration Building, 2380 Liberty Avenue of said City on Tuesday, October 10, 2017, at 10:00 A.M. for furnishing the following in accordance with specifications on file at the Richmond Sanitary District, 2380 Liberty Ave., Richmond, Indiana, and in the Office of Purchasing in the Municipal Building, 50 North Fifth Street, Richmond, Indiana. South 6 Street Sewer Separation Project All proposals shall be properly and completely executed on a Form No. 96 as prescribed by the State Board of Accounts of the State of Indiana. All proposals submitted shall be accompanied by an acceptable Bidder's Bond, Certified Check or Cashier's check made payable to the Richmond Sanitary District in the amount of 5% of the total bid price. If the bidder is from out- of-state, the Bidder's Bond must be secured by a Surety who is admitted to do business in Indiana. The successful bidder will be required to submit a Performance Bond in the amount of 100% of the bid price and a 100% Labor and Materials Payment Bond, prior to commencing work. Checks of the unsuccessful bidders will be returned on award of the proposals. Specifications and bid forms may be secured from the Richmond Sanitary District, 2380 Liberty Ave., Richmond, Indiana 47374 or from the Purchasing Office, 50 North 5th St., Richmond, Indiana 47374. All proposals should be placed in a sealed envelope marked "Confidential -Bid Proposal" on outside of envelope. A pre -bid conference will be held September 27, 2017 at 10:00 A.M. at Richmond Sanitary District, Administration Building, 2380 Liberty Avenue, Richmond, Indiana. You are strongly encouraged to attend this conference (meeting) as this will be the only one conducted. The Board of Sanitary Commissioners of the Richmond Sanitary District of the City of Richmond, Indiana reserves the right to reject any and all bids, parts of bids and re -advertise for same and to waive informalities or errors in bidding. Bidder will be required to comply with all applicable Equal Employment Opportunity laws and regulations, including Section 504 of the Rehabilitation Act of 1983. BOARD OF SANITARY COMMISSIONERS Sue Miller Aman Bakshi Greg Stiens Publish Dates: September 181h & 25th, 2017 EXHIBIT `A' South 6th Street Sewer Separation Project BID SHEET 8/10/2017 i Item No. Description 1 Mobilization/Demobilization 2 Traffic Control 3 48" Diameter Sanitary Manhole w/ Casting 4 48" Diameter Sanitary Drop Manhole w/ Casting 5 8" C900 PVC Sanitary Sewer w/ Granular Backfill 6 8" PVC Sanitary Sewer w/ Granular Backfill 7 6" PVC Sanitary Sewer Lateral w/ Granular Backfill 8 6" PVC Sanitary Sewer Lateral w/ Native Backfill 9 Sanitary Lateral Connection (existing lateral to new sewer) (Femco Connection, Wye Connection, Cleanout w/ Casting) 10 Sanitary Lateral Connection (existing lateral to existing manhole) (Area 1) (Femco Connection, Kor-N-Seal Connection, Cleanout w/ Casting) 11 Sanitary Lateral Connection (existing lateral to existing main) (Area 2) (Femco Connection, Inserta-Tee Connection) 12 Sanitary Lateral Cleanout w/o Casting (Area 2) .3 Street Repair 14 Alley Repair 15 6 inch Driveway Repair 16 4 inch Concrete Sidewalk 17 Concrete Straight Face Curb 18 Lawn Restoration (Sod) 19 Tree Removal 20 Tree Replacement 21 Post -Construction Smoke Testing of New Sanitary Sewers 22 Downspout Disconnection (Undistributed) 23 Rock Excavation Qty Units Unit Price Qty Price 1 LS $ :W10 $ 9/4VA'W 1 LS $ f 5f%f%M $ 25191 69 5 EA $ ��.SGYI, ee $ 00 1 EA $ /OLD ee $ S/DO. OD 301 LF $ I'AdUV $ c257 828 LF $ /DS, OO $ 00 681 LF $ S S G1'I $ ,3 79 LF $ $ OO 28 EA $ $ /�� f D 00 1 EA $ yW. 00 $ '/D0, OGn 3 EA $ 700 Db $ 2/OD, OO 7 EA $ /30- OO $ q/O, DO 1666 SY $ /vD pG' $ %fY40,OYn 108 SY $ 4/4 00 $ y32D, 00 24 SY $ g q, E'D $ 2%lam. ce) 40 SY $ SS, DO $ 7dd0, 00 218 LF $ Jlv, 0/) $ 1 Ls $ 4,65ry_ OD $ Yam OO 3 EA $ /ODIC, or $ ODD. O O 2 EA $ 1 DO.06 $ % = OCJ, ei0 1 LS $ �32f17, a $ 10 EA $ $ 10 CY $ 2ao, oO $ 2a574? eo Total Price: S 3 --, 1 have received addendum numbers)-� and the prices in this bid reflect these changes/clarifications. c contract p /D I Authorized Si re Dad EXHIBIT 'B' - Page 1 of 17 Addendum No.1 to the Drawings and Specifications for the City of Richmond, IN Richmond Sanitary District S. 6th Street Sewer Separation Project Bid Date: Tuesday, October 10, 2017 at 10:00 A.M. (local time) This Addendum No. 1 to the drawings and specifications shall supplement, amend, and become a part of the bidding documents, plans and specifications. All bids and construction contracts shall be based on these modifications to the original contract documents. Item No. 1 Due to printing clarity, replace Sheet 9 of the drawings with the attached (reprinted for better clarity) Sheet 9. EXHIBIT 'B' - Page 2 of 17 DRUG TESTING OF EMPLOYEES OF PUBLIC WORKS CONTRACTORS Pursuant to Indiana Code 4-13-18, the Contractor hereby certifies that the Employee Drug Testing Plan provided is in accordance with IC 4-13-18, or provides evidence of being subject to a collective bargaining agreement as required in IC 4-13-18. Written Signature: Printed Name: Title: EUTA% 60 E3lD,E.�T - STATE OF �.� � niaNA SS: COUNTY OF, Subscribed and swom to before me this �_ day ofPe, ,E.Q .20/�• My commission expires: c7"//�V S oVa!? Z (Signe Residing in County Printed Name: State of 1AW1,4/1A EXHIBIT 'B' - Page 3 of 17 Iranian Government Affidavit Ave"¢ Jl / �L.,yL+. to comply with the requirements of Indiana Code 5-22-16.5, affirms under (Con ractor) the penalties of perjury that it does not deal with the Government of Iran. The Contractor shall require its sub -contractors, who perform work under this Contract, to certify to the Contractor that the sub -contractor does not knowingly deal with the Government of Iran. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a sub -consultant. Dated: STATE OF f d &ANA ) )SS: 'OUNTY OF xRRNKr, N ) Signature: J l Printed Name: Title: TieE�/Dfyi Company:A�'��N a c Address: /© 0O8- i�v� ire Before me, a Notary Public in and for said County and State, personally appeared �1 1 �l�se= kC A��— as /'dgy/DffcJT of 9Rr &,. (Name) (Title) (Company) who acknowledged the execution of the foregoing instrument, and who, having been duly sworn, stated that any representations therein contained are true. � WITNESS my hand and Notarial Seal this 0 day off/ 201 . My Commission Expires: Signature: L)' �_ Printed: County of esidence: NOTARY PUBLIC EXHIBIT'B' - Page 4 of 17 4 BRACIN-001 BKREIS CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYIr) 2/6/2017 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in 8eu of such endomement(s). PRODUCER Van Maier Insurance Group 506 Wellington Way Lttxington, 40603 ACT E• WA 11%859 263-2771 859 263.1999 ADDREss INSURE S AFFORDING COVERAGE NAIC 9 INSURERA:Amerisure insurance Company 19488 INSURED Brackneyfnc P O BOX 221 Brookville, IN 47012 INSURERS: NSURERC: INSURER D : INSURERE: INSURER F : vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF lYY LIMITSA X COMMERCIAL GENERALLIARR.ITY CLAIMS.MADE ❑X OCCUR X PP20906580202 12/31/2016 12/31/2017 EACH OCCURRENCE 6 1,000,000 OAMAUft PRE s a 100,00 01 MED EXID (Any one person) s 5,00 PERSONAL&AOVINJURY f 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY � JERCT ❑ LOC OTHEa OENERALAGGREGATE S 2,000,0 00 PRODUCTS - COMP/OP AGO S 2,000,0 00 EMPLOYEE BENEFI $ 7,000,00 AIrTOMOSILELIABILITY X ,WyAUTo ALL OWNED SCHEDULED AUTOS AUTOS NOWOMED HIRED AUTOS IAUTOS CA20906590202 12131/2016 12131/2017 a v sLONT S 1,000,000 BODILYINJJRY(P,rP*"=) 5 BODILY INJURY (Pracddwd) S S A X UMBRELLA UAe EXCESS UAS X OCCUR C AWAS44ADE CU20906620202 12131/2016 12/31/2017 EACH OCCURRENCE S 5,000, 000 AGGREGATE s 6,000,00 DED I I RETENTION 6 s A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORR' Y❑ yy� DESCRPiIONundw OPERATIONSbNovi N l A C209068102 12/31/2016 12131/2017 X77 E.L EACH ACCIDENT S 1,000,000 E.LDISEASE -EAEMPLO S 1,000,0 00 E.L.DISEASE -POLICY LIMIT S 1,00.0,0 00 A AKIN eMented Equip rduled Equipment M20906600202 M20906600202 12131/2016 12/31/2016 12/31@01T 12131/2017 Deductible $2,600 400,00 Various, Dad $2,500 DEsatw OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 10% AdORNM Rwurb , MW De dWdwd if umm spec is nqulmd) Certificate holder and Curry & Associates, Inc.110 Commerce Drive Danville, IN 46122, are additional Insured by written contract with respects to the General Liability. Board of Sanitary Commissioners 2380 Liberty Avenue Richmond, In 47012 ACORD 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT 'B' - Page 5 of 17 EXEIC = E`xnutFS 1C'.'IT G'--ttgRCT PENAL SUM FORM Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Brackney, Inc. 10028 US #52 Brookville, IN 47012 SURETY (Name, and Address of Principal Place of Bitsiness): Fidelity and Deposit Co. of Maryland 1299 Zurich Way $$ S�ui�gamesand Address): Board of Sanitary Commissioners City of Richmond, 2380 Liberty Avenue Richmond, IN 47374 BID Bid Due Date: 10/1012017 Description (Project Name— Include Latin tStreet Sewer Separation Project BOND Bond Number: Assigned - If Awarded Date: 10/10/2017 Penal sum ***FIVE PERCENT OF THE TOTAL $ 5% (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY Brackney, Inc. (Seal) Fidelity and Deposit Co. of Maryland (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature KFV illi &ACktdcy Print Name PA FS,,,oew i it Attest: Attest: ignature Title V . - —11 -�I - ,-a. k�,s - ignature Attach Power of Atto ) Suzanne M. Rozek Print Name e++.,may-in-Fact Title Si atu/rree �yJ Title Note: Addresses Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC' C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 Section 00430-1 3695.00711-2016 EXHIBIT 'B' - Page 6 of 17 EJCDC= PENAL SUM FORM C'<G'i1Ci FS 10 `4! CG`. iX!(;f 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. S. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. ElCDC' C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 Section 00430-2 3695,007/1-2016 EXHIBIT 'B' - Page 7 of 17 0 ZURICH October 10, 2017 Board of Sanitary Commissioners City of Richmond 2380 Liberty Avenue Richmond, IN 47374 Re: Brackney, Inc. 10028 US Hwy 52, Brookville, IN 47012 South 6 Street Sewer Separation Project Zurich American Insurance Company and/or its subsidiary, Fidelity and Deposit Company of Maryland, have provided surety credit to Brackney, Inc. for single projects Zurich North America Surety of $15,000,000 and an aggregate uncompleted backlog of 25,000,000. Zurich/F&D is rated "A" (Excellent) with a financial size category of XV ($2 billion +) by AM Best and 9229 Delegates Row, Suite 300 Indianapolis, IN 46240 has a US Treasury Limit exceeding $300 million. If Brackney, Inc. is awarded a contract for the referenced project and requests that we http:ltwww.zurich.com provide the necessary Performance and/or Payment Bonds, we will be prepared to execute the bonds subject to our acceptable review of the contract terms and conditions, Direct Phonei-Soo-876-a616 bond forms, appropriate contract funding and any other underwriting considerations at the 31716-4882 Direct Fax 317-826-4899 time of the request. Our consideration and issuance of bonds is a matter solely between Brackney, Inc. and ourselves, and we assume no liability to third parties or to you by the issuance of this letter. We trust that this information meets with your satisfaction. If there are further questions, please feel free to contact me. Sincerely Zurich American Insurance Company Fidelity and Deposit Company of Maryland i,i/ /! . Suzanne M. Rozek Attorney -In -Fact EXHIBIT 'B' - Page 8 of 17 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Vicky L. DIELMAN, Kimberly A. NAGEL, Suzanne M. ROZEK, William G. HUMMER and Mario N. PROCACCINI, all of Toledo, Ohio, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of September, A.D. 2016. ATTEST: LO ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND N. aliA1. -.• s Q 1 4 Wod Secretary Vice President Eric D. Barnes Michael Bond State of Maryland County of Baltimore On this 22nd day of September, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that helshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dorm, Notary Public My Commission Expires: July 9, 2019 EXHIBIT 'B' - Page 9 of 17 POA-F 142-4340A FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31, 2016 ASSETS Bonds............................................................................................................................................... $ 141,903,342 Stocks............................................................................................................................................... 22,845,654 Cash and Short Tenn Investments.................................................................................................... 3,080,053 ReinsuranceRecoverable................................................................................................................. 13,996,720 OtherAccounts Receivable.............................................................................................................. 27,147,872 TOTALADMITTED ASSETS........................................................................................................ $ 208,973,641 LIABILITIES, SURPLUS AND OTHER FUNDS Reservefor Taxes and Expenses...................................................................................................... $ 896,428 Ceded Reinsurance Premiums Payable............................................................................................ 40,193,693 Securities Lending Collateral Liability............................................................................................ 0 TOTALLIABILITIES.................................................................................................................... $ 41,090,121 CapitalStock, Paid Up........................................................................................ $ 5,000,000 Surplus................................................................................................................ 162,883,521 Surplusas regards Policyholders...................................................................................................... 167,883,520 TOTAL........................................................................................................I.............................. $ 208,973,641 Securities carried at $62,166,344 in the above statement are deposited with various states as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of market quotations for all bonds and stocks owned, the Company's total admitted assets at December 31, 2016 would be $209,350,832 and surplus as regards policyholders $168,260,711. I, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of a assets and liabilities of the said Company on the 31st day of December, 2016. Secretary State of Illinois City of Schaumburg SS: Subscribed and MOM to, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this I" day of March, 2017. i NolaryPabhc DIVIRYL JOINER OFFICIAL SEAL Notary FR-o9c - Stdo of Ilkwis IMy� EG;pYas 2Me EXHIBIT 'B' - Page 10 of 17 Pan of State Form 52414 (R2 / 2.13) / Form 95 (ReNead 2013) BID OF BRACKNEY INC. (Conrador) 10028 US HWY 52 SOUTH (Aditss) BROOKVILLE, IN 47012 FOR PUBLIC WORKS PROJECTS OF Red Acton taken EXHIBIT'B' - Page 11 of 17 _ CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013) 's Prescribed by State Board of Accounts PART I (To be completed for all bids. Please type or print) Date (month, day, year): M9A10 6r 7 1. Governmental Unit (Owner): cell- c�irvT r m. sr s 2. County: Z0.4 ra 3. Bidder (Firm): Brackney Inc. Address: 10028 US HWY 52 South City/State/ZIPcode: Brookville, In 47012 4. Telephone Number: 513-312-1283 5. Agent of Bidder (if applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of 9,P cc rJ"j /,� '4— (Governmental Unit) in accordance with plans and specifications prepared by �Li�Xov D �a•'TiQ %r o.� -72, 5 / R 1 cr and dated '6>'//.0h'&Z for the sutra of The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (if applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. EXHIBIT 'B' - Page 12 of 17 ACCEPTANCE The above bid Is accepted this day of , subject to the following conditions: Contracting Authority Members: PART 11 (For projects of $150,000 or more — IC 36-1-12-4) (<7 Governmental Unit: Y�19" ew: &000f5if'eY ��!/.o�/s5�2!*►ge9 Bidder (Firm) Brackney Inc. Date (month, day, year): /'d %/ 41 7 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount Class of Work Completion Date Name and Address of Owner 8,168,000.00 Sewer 2-10-2016 City of Whitestown, IN 2,514,472.00 Sewer 10-7-2016 Williamsdale (Butler County), OH 900,000.00 Water 6-19-2015 City of Greenfield, IN 5,315,071.00 Storm 11-15-2016 Tilden Rd, Brownsburg, IN 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner 4,268,496.00 Water 3-1-2017 Miamisburg, OH 3,038,583.00 Sewer/Water 2-1-2017 Miamisburg, OH 1,535,910.00 Sewer 6-1-2017 Fall Cr&* Regional Waste Distrid- Pendelbn, IN 834,126.00 Sewer 4-1-2017 Edinburgh, IN EXHIBIT 'B' - Page 13 of 17 3. Have you ever failed to complete any work awarded to you? o If so, where and why? 4. List references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could Include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe �would enable the governmental unit to consider your bid.) 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. EXHIBIT 'B' - Page 14 of 17 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. AJGn1 r 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required tobelisted -sbby�the governmental unit. _-- 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. N SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. EXHIBIT 'B' - Page 15 of 17 SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION 1 HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at 1=)9AruJ4'L) (o..�.r� this day of AeTg�.e , eio/ Brackney Inc. (Name of Organlzagon) By President (Tide of Person Signing) ACKNOWLEDGEMENT STATE OF Indiana ) ) ss COUNTY OF Franklin Before me, a Notary Public, personally appeared the above -named Kevin Brackney . and swore that the statements contained in the foregoing document are true and correct. Subscribed and swom to before me this -JD day of Wary Public My Commission Expires: 5-12-24 County of Residence: Franklin EXHIBIT 'B' - Page 16 of 17 Subcontract List Work Description Midwest Mole, Inc. Boring 2460 N. Graham Ave. Indianapolis, IN 46218 Kelley Dewatering & Construction Co. Dewatering 5175 Clay Ave. SW Wyoming, M149548 Sub -surface of Indiana, Inc. Directional Bore 7225 W700S Morgantown, IN 46160 ABC, Asphalt, Block Concrete, Inc. Sawing 5230 Commerce Circle Drive Indianapolis, IN 46237 Ludwig Contracting, Inc. Electrical P.O. Box 128 Cedar Grove, IN 47016 ITT Water & Wastewater Indiana, LLC Dewatering 7615 West New York Street Indianapolis, IN 46214 Gillespie Surveying Construction Engineering 7110 Holland Rd. Brookville, IN 47012 Turn -key Tunneling, Inc. Boring 1247 Stimmel Rd. Columbus, OH 43223 . EXHIBIT 'B' - Page 17 of 17 Bond No. PRF09066873 &AIA Document A312Tm - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal Brackney, Inc. Place of husines:r) Fidelity and Deposit Co. of Maryland 1299 Zurich Way 10028 US #52 Schaumburg, IL 60196-1056 Brookville, IN 47012 OWNER: (Name, legal status and address) Board of Sanitary Commissioners City of Richmond , 2380 Liberty Avenue Richmond, IN 47374 CONSTRUCTION CONTRACT Date: October 24, 2017 Amount: Three Hundred Seventy-seven Thousand Eight Hundred Seventy-five And No/100THSDollars ($377,875.00) Description: (Name and location) South 6 Street Sewer Separation Project BOND Date: October 30, 2017 (Not earlier than Construction Contract Date) Amount:Three Hundred Seventy-seven Thousand Eight Hundred Seventy-five And No/100THS Dollars ($377,875.00) Modifications to this Bond: None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Brackney, Inc. Fidelity and Deposit Co. of Maryland Signatur 41uYtG! Signature: Name and Name and Suzanne M. Rozek, Attorney -in -Fact Title: Title: (Any additional signatures appear on the last page of this Perfonnanee Bond) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Huntington Insurance, Inc. (Architect, Engineer or other party.) 519 Madison Avenue Toledo, OH 43604 (419)720-7751 AIA Document A312TM - 2010 Performance Bond. The American institute of Architects. All rights reserved. WARNING: This AIA'a Document is protected Init. by U.S. Copyright Law and International Treaties. Unauftwilzed reproduction or distribution of this AIAO Document, or any portion of N, may resuft in severe civil and Criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software / at 10:19:37 on 02/10/2017 under Order No. 6425896830 which expires on 02/09/2018, and is not for resale. User Notes: (3B9ADA1 E) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (IQ) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it maybe liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A3121m — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA's Document Is protected [nit. by U.S. Copyright Law and International Treaties. Unaudwdzed reproduction or distribution of this ALA® bocumeM, or any portion of h. may result in 2 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This dowment was produced by ALA software f at 10:19:37 on 02/10/2017 under Order No. 6425896830 which expires on 02/09/2018, and is not for resale. User Notes: (3B9ADA1 E) § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of tim e, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. Init. AIA Document A3121m — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.B. copyright Law and International Treaties. Unauthodred reproduction or distribution of this ALAO Document, or any portion of n1 may result in 3 severe civil and criminal penaildes, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software / at 10:19:37 on 02110/2017 under Order No. 642589MO which expires on 02/09/2018, and is not for resale. User Notes: (3MADA1 E) I § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Address: Name and Title: Address: AIA Document A3121m — 2010 Perrorrnance Bond. The American Institute of Architects. All rights reserved. WARNING: This AMO Document is protected Init. by U.3. Copyright Law and International Treaties. Uoaudwrized reproduction or distribution of this AlAm Document, or any portion of lt, may result in severe cWR and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software t at 10:19:37 on 02/102017 under Order No. 6425896830 which expires on 021092018, and is not for resale. User Notes: (3B9ADA1 E) e_ • • Bond No. PRF09065873 #AIA Document A312TM — 2010 Payment Bond CONTRACTOR: (Name. legal status and a&b-ess) Brackney, Inc. 10028 US #52 Brookville, IN 47012 OWNER: (Name, legal status and address) Board of Sanitary Commissioners City of Richmond, 2380 Liberty Avenue Richmond, IN 47374 SURETY: (Xame. legal status and principal place of business) Fidelity and Deposit Co. of Maryland 1299 Zurich Way Schaumburg, IL 60196-1056 CONSTRUCTION CONTRACT Date: October 24, 2017 Amount:Three Hundred Seventy-seven Thousand Eight Hundred Seventy-five And No1100THSDollars ($377,875.00) Description: (1Vame and location) South 6 Street Sewer Separation Project BOND Date: October 30, 2017 (Not earlier than Construction Contract Date) Amount:Three Hundred Seventy-seven Thousand Ei ht Hundred Seventy-five And No1100THS Dollars ($377,875.00) Modifications to this Bond: � None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Brackney, Inc. Fidelity and Deposit Co. of Maryland Signature. C"NlOFu1 Signature: a Name and 1`'alne and Suzanne M. Rozek, Attorney -in -Fact Title: Title: (Any additional .signatures appear on the lust page of this Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Huntington Insurance, Inc. (Architect, Engineer or other party:) 519 Madison Avenue Toledo, OH 43604 (419) 720-7751 Init. AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penaltles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software ! at 10:32:48 on 0211012017 under Order No. 5425896830 which expires on 02/09/2018. and is not for resale, User Notes: (3B9ADA1 B) !. f § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 if the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnities and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shal I promptly and at the Surety's expense defend, indemnify and hold hannless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section l3). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surely (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7. l or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds eared by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. ALA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAie Document Is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In Z severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10,32:48 on 02/10/2017 under Order No 6425896830 which expires on 02J0912018. and is not for resale. U(389ADA1 B} User Notes: :. , A § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shal I he commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last perfoned labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the perfonmance of the Construction Contract. The tenn Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the tens "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. ALA Document A312"r — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA4 Document is protected by [nit. U.S. Copyright Law and international Treaties. Unauthorized reproduction or distrilbution of this AIAs Document, or any portion of it, may result in 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AiA software at 10:32:48 on 02t10/2017 under Order No. 6425896830 which expires on 02/09/2018, and is not for resale, User Notes: (MADA1 B) wed, to pay the h tCr0 . al ti as °f �e aten f t b remedloa °omply Withthe °the thewhich ho° d complete een therner and Contractor. Failure °t tract or to pert an ner Delautt• struction Contact entbeiW ctor 1,11 this 16.4 under the COn omPVi$e the asreelr tor, the term Contra required Contract. is that c and subcontra to be Contrac[or. coon All the doculnen Consttu entg, t between a Contractor be dim oeum er Shall 16.5 Contract D for an a ean,en Ad the term Cwn issued Subconttor a 17 tf this Bond is ed to be 1 be deer' as follows: Bond steal bond ose cotter p(Jb�e) 13 AB Modiflcflons to this n those Upl)euring on the f �Ided parties, ether tha attires o SURETY (Corporate Seal) belowfO1" a��litional sib" Company: (sn ace is Provide PRINCIPAL- (Corporate seal) signature: CONTRp`CTOR Company' r ame and Title: Sigs►aluTe' Address: Name and Title: Address reserved. WARNING: hts rf t ie pocumen or distritutton °� this AUK ,This 5� ,The American In roduedonitects. All 9 Ulm the taw• ,o=ed by m _ 2010 Payment Bond- Unauthorti� P aXlmtlm extent �ss� resuh to AIA Document M end Intematfon t d I b o"ted to themon 0210912018.. and is not for resale. 1A software 4 11 be t30 which expo In'tt. . sevetloW and gkw'Ind pentittles, No 6425896 � cew at 10.32. 48 on 02/1012017 under Order 4DA18) User Notes'