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HomeMy Public PortalAbout155-2017 - Aquatic Renovation System - Pool Liner for MunicipalAGREEMENT THIS AGREEMENT made and entered into this day of �2017, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety and by and through its Board of Parks and Recreation, with its office at 50 North 51h Street, Richmond, Indiana, 47374 (the "City") and Aquatic Renovation Systems, Inc. dba RenoSys Corporation, 2825 East 55`h Street, Indianapolis, Indiana 46220 (hereinafter individually and/or collectively referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional services in connection with replacing the pool liner while repairing any damages; and adding a splash pool liner while repairing any damages before installation at the Cordell Municipal Pool located at 9 S.W. 13`h Street, Richmond, IN 47374. Contractor shall comply with the requirements previously requested by the City which are set forth on the Request for Quotes, which is attached hereto and incorporated by reference herein as Exhibit "A" to which Contractor has responded by way of proposal, which is attached hereto and incorporated by reference herein as Exhibit `B". Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-1 l(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION 2. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION 3. COMPENSATION City shall pay Contractor the sum of One Hundred Seventy Thousand Three Hundred Nine Dollars and 18/100 ($170,309.18) for full and complete satisfaction of the services described herein. Contract No. 155-2017 Page 1 of 6 SECTION 4. TERM OF AGREEMENT This Agreement shall become effective when signed by the parties and shall continue in effect until completion of the Project. However, Contractor shall commence the work described herein no later than the first day of Spring, 2018 as Contractor understands that time is of the essence and the entire contract shall be completed prior to the opening day of the Cordell Municipal Pool in 2018. Notwithstanding the term of this Agreement, the City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in an material respect c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION 5. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000.00 Page 2 of 6 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $1,000,000.00 each occurrence $2,000,000.00 aggregate $1,000,000.00 each occurrence $1,000,000.00 each person $1,000,000.00 each occurrence $1,000,000.00 each occurrence $1,000,000.00 each occurrence $1,000,000.00 each aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000.00 each occurrence $2,000,000.00 each aggregate SECTION 6. 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 7. 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-I1 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is 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. Page 3 of 6 SECTION 8. 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 the City determines during the course of this Agreement that this certification is no longer valid, the 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 9. 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; 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. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. Page 4 of 6 SECTION 10. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION 11. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which 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. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by the City in its efforts to enforce this Agreement, including but not limited to, the City's reasonable attorney's fees, whether or not suit is filed. [Signature Page to Follow.] Page 5 of 6 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. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: Lti Vicki Robinson, President 0 Richard Foore, Member THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By: Bill Engle, President APPROVED: David or l Date: l l — d f "CONTRACTOR" RENOSYS CORPORATION 2825 East 551h Street Printed: Title: FK5(044 Date: k I - I�A - k Page 6 of 6 CONTRACT REOUEST FORM 1. Date contract needed (Clerk or agenda deadline): ASAP 2. Board/Commission that will approve contract Park Board 3. Has bid been awarded? No Date Submitted to Law*: 10/26/2017 Date awarded or expected: 11/2/2017 4. Is this a Common Construction Wage Project? No 5. Brief description of work to be performed or supplies to be furnished: Pool Liner Replacement 6. Name and address of Contractor to be retained: Aquactic Renovation Systems Inc., dba RenoSys Corporation 7. What method was used to request bids? (check one) Professional Services x Request for Proposals Request for Qualifications 2825 East 55th Place Indianapolis, IN 46220 Request for Quotes Bid Specifications State Quantity Purchase Bid/Quote 8, What date was the Bid Specif cation/RFP/RFQ/QPA sent out or requested? Met on site in August and Sept. 9, Date of Contractor's Response/ProposalBid*. 10/16/2017 10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes 11. In what office are the Bid Specifications/RFPBid lists on file with the City? N/A 12. Amount to be paid to Contractor $170,309.18 13. Any other relevant information: Term of Contract: until completion Bid Packet is included. Replace pool liner while Repairing any damages, Adding a Splash Pool liner while repairing any damages before installation 15. Submitted By: Denise Retz Department: Parks Department *Please complete and return, along with Contractor's response and any and all attachments or exhibits, at least one (1) week before the contract is needed for its Agenda deadline. Incomplete submissions will be returned to the Department Head. January 2011 Exhibit A CITY OF RICHMOND, INDIANA INVITATION TO BID POOL LINER AT CORDELL POOL VICKI ROBINSON - PURCHASING DIRECTOR - (765) 983-7209 INDEX Form 96 (revised 2013) Notice to Bidders Invitation for Bid STANDARD TERMS AND CONDITIONS Definition A.1 Departments A•2 Bidder & Contractor A.3 Estimated Quantities A•4 Addenda A.5 Bidding Documents B.1 Substitutions B.2 Demonstration/Samples B.3 Data Privacy BA Bidding Procedures CA Bid Security C•2 Submission of Bids C.3 Bidder's Representation CA Modification or Withdrawal of Bid C.5 Delivery of goods C.6 Consideration of bids D.1 Rejection/Acceptance of Bids D.2 Bid Award D.3 Warranties, Guarantees & Maintenance DA Contract Documents E.1 Indemnification F.1 Workers Compensation Insurance F.2 Insurance F.3 Payments G.1 Method of Invoicing G•2 Damages for Delays G.3 E-VERIFY 2 pages Specifications 2 pages NOTICE TO BIDDERS BOARD OF PUBLIC WORKS AND SAFETY RICHMOND, INDIANA Notice is hereby given that sealed proposals will be received by the Board of Public Works and Safety of the City of Richmond, Indiana in the office of Purchasing in the Municipal Building for said City for Richmond Park Board until the hour of 4:59 p.m. on the day of October 19, 2017 for furnishing the following in accordance with specifications on file in the office of Purchasing in the Municipal Building, Richmond, Indiana. Pool Liner at Cordell Pool All proposals shall be properly and completely executed on 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 City of Richmond, Indiana 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 proposal. Specifications and bid forms may be picked up, in person, from the Purchasing Office, 50 North 5th Street, Richmond, Indiana 47374. All proposals should be placed in a sealed envelope marked "Confidential -Bid Proposal" on outside of envelope. A pre -bid meeting is scheduled for October 12, 2017 at 10:00 a.m. at Cordell Pool located at 9 S.W.13th Street, Richmond, Indiana. The City of Richmond is not responsible and/or liable for any bid specifications and/or plans not obtained directly from the City of Richmond. Bidder will be required to comply with all applicable Equal Employment Opportunity laws and regulations, including Section 504 of the Rehabilitation Act of 1983. The Board of Public Works and Safety of the City of Richmond, Indiana reserves the right to reject any and all bids, parts of bids and re -advertise for the same and to waive informalities or errors in bidding. Vicki Robinson, Chairperson Board of Public Works and Safety Publish Dates: October 4 and 11, 2017 REPLACE PVC POOL MEMBRANE (LINER) in MAIN POOL AND INSTALL NEW LINER IN WADING POOL CORDELL MUNICIPAL POOL 9 S.W. 1311 STREET RICHMOND, INDIANA 47374 SCOPE OF WORK The scope of work includes the furnishing of all labor, tools, equipment, materials and supplies necessary to replace existing liner in the Cordell Municipal Pool 1.) General Conditions: a) The Contractor must have a minimum of ten (10) years of experience in pool liner installation and must provide two (2) projects of similar size and scope to this oroiect. Contractor must be experienced in the restoration of pool slides. The contractor shall provide proof of competency and two letters of recommendation from past clients of similar size and scope of work. b) All bidders are required to visit the site to become familiarized with the project, site conditions and access for equipment required to do scope of work prior to bidding and shall include all cost for such equipment and access in their bid. c) Schedule of work- The contractor shall provide a preliminary, outline of the Schedule of Work in proposal. d) Prior to the start of any work, contractor shall identify any possible unforeseen issues that may arise. 2.) Site Preparation: a) Coordinate the location and access to a staging area with Park staff. b) Supply all equipment and any other materials required for work. Make the proper arrangements to dispose of old pool liner when removed. 3.) Work Description a) Remove existing pool liner in Main Pool and dispose of properly. b) After removal, inspect main pool tank and make any necessary repairs to provide for the proper attachment of the liner. c) Broom clean both main pool and wading pool surface and void it of all loose debris. d) Main Pool Membrane Termination points to be at top "of pool wall, below gutter, as with original installation. e) Wading Pool Membrane Termination points to be at top of pool wall with membrane wrapped around coping and terminating into existing perimeter saw cut. f) Main Pool install new liner with lane markers g) In both Main and Wading Pool, cut out for all main drains, inlets, skimmers, and lights. All penetrations will be terminated with custom fabricated PVC compression flanges. h) Complete additional perimeter caulking, detail work, and finish work to make a complete watertight installation in both pools. i) Install Racing Lanes, Targets and Pool Safety markers onto surface membrane to match existing, if applicable. j) Clean site for pool filling and perform final inspection. k) Pressure test of stainless steel gutter to rule out any leaks/confirm proper performance. 4.) Warranties a) Contractor must provide all warranties for workmanship and product. 5.) Other a) Contractor must provide a current Certificate of Insurance, naming the City of Richmond as the certificate holder. b) A contract must be signed and a purchase order issued before this project can begin. A pre -bid meeting will be held Oct. 12, 2017, 10:00 a.m. at Cordell Pool located at 9 S.W. 131h Street, Richmond, IN. No other site tour will be held. INVITATION FOR BID This invitation is issued to establish a contract to supply the City of Richmond with a commodity or service in accordance with accompanying specifications. Pool Liner at Cordell Pool Submit Bids Until 4:59 R.m. On Day of Bid Opening to: Purchasing Office Cif of Richmond 50 North 51h Street Richmond, IN 47374 Bid Opening: Time: 5:00 p.m. Date: Oct.19, 2017 Location of Bid Opening: Common Council Chambers City of Richmond 50 North 51h Street Richmond, IN 47374 Bid Bond: 5% (See Section C.2) Performance Bond: 100% (See Section C.2) Labor & Materials Payment Bond: 100% (See Section C.2) Supply Bond: N/A (See Section C.2) Insurance/Workers' Compensation: Yes (See Section B.1.4 &F.2.1) Bid Form Included: Form 96 (Revised 2013) Schedule of Values: No Pre -bid meeting: Oct. 12, 2017 at 10:00 a.m. at Cordell Pool located at 9 S.W. 131h Street, Richmond, Indiana. STANDARD TERMS & CONDITIONS ARTICLE A INSTRUCTION TO BIDDERS A. i DEFINITION: A. 1.1 City of Richmond A. 1.2 The City is in Wayne County, a political subdivision of the State of Indiana. A.2 DEPARTMENTS: A. 2.1 The following are the departments that are under Richmond Code 41.02 (h) Central Purchasing: Park and Recreation, Police, Fire, Sanitary District (Liquid & Solid Waste), Clerk, Attorney, Controller, Purchasing, Planning, Engineering, and all other City Government units such as Street, Rose View Transit, and the Airport. A. 3 BIDDER AND CONTRACTOR: A. 3.1 A bidder is a person or entity who submits a bid. A. 3.2 The contractor is the person or entity who enters into a contract with the City of Richmond to furnish goods or services. A.4 ESTIMATED QUANTITIES: A. 4.1 If the quantity set forth in the Invitation to Bid and Proposal is approximate and represents the estimated requirements of the City for a specified period of time, the unit price and tite extended total price thereof shall be used only as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimate, but the City shall neither be obligated nor limited to any specific amount. The city will, if at all possible, restrict increases to 20% of the estimated quantity and will, if at all possible, restrict decreases to 20% of the estimated quantity. A.5 ADDENDA: A. 5.1 An addendum is a written htstrument issued by the City of Richmond prior to the date for receipt of bids which modify or interpret the bidding documents by addition, deletions, clarifications or corrections. A. 5.2 Addenda will be mailed or delivered to all who are known by the Purchasing Department to have received a complete set of bidding documents. A. 5.3 Copies of addenda will be made available for inspection in the Purchasing Department. A. 5.4 No addendum will be issued later than forty-eight( 48) hours prior to the date and time for receipt of bids except an addendum withdrawing the request for bids or one which includes postponement of the date of receipt of bids. A. 5.5 Each bidder shall ascertain prior to submitting his bid that he has received all addenda issued, and he shall acknowledge their receipt on the proposal of this bid. ARTICLE B INSTRUCTIONS TO BIDDERS B.1 BIDDING DOCUMENTS B. 1.1 Bidders shall promptly notify the Purchasing Director of any ambiguity, inconsistency or error which they may discover upon examination of the bidding documents. B. 1.2 Bidders desiring clarification or interpretation of the bidding documents shall make a written request which shall reach the Purchasing Director at least seven (7) days prior to the date and time for receipt of bids. B. 1.3 Interpretations, corrections, and changes to the bidding documents will be made by addendum. Interpretations, and changes made in any other manner will not be binding and bidders shall not rely upon such interpretations, convections and changes. B. 1.4 Insofar as Worker's Compensation is concerned, the bidder or contractor agrees to furnish an official certificate or receipt of the Industrial Commission of Indiana, showing that he has paid into the State Insurance Fund the necessary premiums, whenever such certificates are required in the Invitation for Bid. (Section IC 22-3-2-14 will apply). B. 1.5 All common construction wage requirements (IC 5-16-7-1) will apply when applicable in the bid. Should common construction wage be required, the City will attach that schedule to the bid package. B.2 SUBSTITUTIONS B. 2.1 The materials, products and equipment described in the bidding documents establish a standard of type, function, and quality to be met by any proposal substitution. B. 2.2 Unless the particular specification prohibits substitutions, bidders are encouraged to propose materials, products or equipment of comparable type, function and quality. B. 2.3 Bids for substitute items shall be stated in the appropriate blank or if the bid form does not contain blanks for substitutions, bidders shall attach to the bid on company letterhead a statement of the manufacturer and brand name of each proposed substitution plus a complete description of the item including descriptive literature, illustrations, performance and test data and any information necessary for an evaluation. The burden of proof of the merit of the proposed substitution is upon the bidder. Failure to comply could be grounds for rejection. B.3 DEMONSTRATION/SAMPLES B. 3.1 If required by the City, the bidders shall demonstrate the exact model(s) proposed within seven (7) calendar days from receipt of request from the City. B, 3.2 Demonstration should be in the City designated by Purchasing Director. B. 33 If bidder does not have a model in the Richmond area, it will be at the bidder's cost to send appropriate City personnel to the nearest location to view proposed item(s). B. 3.4 If items being bid are small and mailable and bidder is bidding other than specified, the bidder must supply a sample of the item proposed. B. 3.5 Sample must be supplied on or before the bid opening date. B. 3.6 Samples supplied as requested will be returned at bidder's expense after receipt of goods. B. 4 DATA PRIVACY B. 4.1 Contractor agrees to abide by all applicable local, state and federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and corporations as to inventions, patents, and patent rights. Then contractor agrees to hold the City of Richmond harmless from any claims resulting from the contractor's unlawful disclosure or use of private or confidential information. B. 4.2 All laws of the United States of America, the State of Indiana and City of Richmond are applicable to the products or services covered herein, are made a part there ARTICLE C INSTRUCTIONS TO BIDDERS CA BIDDING PROCEDURE C. 1.1 Bids shall be submitted on forms and proposal sheets included with the bidding documents. C. 1.2 Appropriate blanks on the form shall be filled in by manually printing in ink or by typing the requested information. C. 1.3 Any interlineation, alteration or erasure shall be initialed by the signer of the bid. C. 1.4 Bidders shall not change the bid form nor make additional stipulations on the bid form. If a bidder wishes to arnplify or qualify his bid, a statement that additional information is attached shall be made at the appropriate place on the bid form and the amplifying or qualifying information on the bidder's letterhead shall be attached to the bid form. The City of Richmond may accept or reject amplified or qualified bids. C. 1.5 in case of discrepancy between the unit prices and the extended figures, the unit price shall govern unless otherwise provided elsewhere in the specifications; the prices of the bidder shall remain firm throughout the contract period and in any contract extension period. C. 1.6 Each copy of the bid shall be signed by the person or persons legally authorized to bind the bidder to a contract. A bid submitted by an agent should have a current power of attorney attached certifying the agent's authority to bind the bidder. C. 1.7 Bidder to submit bid in triplicate. C.2 BID SECURITY C.2.1 If so stipulated in the invitation for bids, cacti bid shall be accompanied by a certified check, cashier's check or bid bond executed by a surety authorized to do business in State of Indiana in the amount specified and made payable to the City of Richmond pledging that the bidder will enter into a contract with the city on terms stated in his bid and will, if required, furnish bonds as described in the invitation to bid governing the faithful performance of the contract and the payment of all obligations arising. Should the bidder refuse to enter into such a contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the City of Richmond as liquidated damages, not as a penalty. C. 2.2 The City of Richmond shall have the right to retain the bid security of bidders to whom an award is being considered until either (a) the contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that the bids may be withdrawn, or (c) all bids have been rejected. C.3 SUBMISSION OF BIDS C. 3.1 The bidder shall assume full responsibility for timely delivery at the location designated for receipt of bids. Late bids will not be considered. C. 3.2 Oral, telephone or telegraphic bids are invalid and will not receive consideration. CA BIDDER'S REPRESENTATION C. 4.1 Each bidder by making his bid represents that the bidder has read and understood the bidding documents and his bid has been made in accordance therein. C. 4.2 Each bidder for services further represents that the bidder has familiarized himself with the local conditions under which the work is to be done and has correlated his observations with the requirements of the bidding documents. C. 4.3 Each bidder agrees that he will not discriminate against any employee or applicant for employment because of race, color, religious creed, ancestry, physical handicap, sex or political affiliation, and (fiat Ire will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to race, color, religious creed, physical handicap, ancestry, sex or political affiliation. C. 4.4 Each bidder shall be responsible for complying with any applicable affirmative action laws. C.5 MODIFICATION OR WITHDRAWAL OF BID C. 5.1 A bid may not be modified, withdrawn or canceled by the bidder following the time and date designated for receipt of bids and each bidder so agrees in submitting his bid. C. 5.2 Prior to the time and date designated for receipt of bids, any bid submitted may be modified or withdrawn by notice to the Purchasing Director at the place designated for receipt of bids. C. 5.3 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these instructions to bidders. C.6 DELIVERY OF GOODS C.6.1 All delivered goods are to be FOB Richmond, IN, unless otherwise stated in the bid. C.6.2 The City reserves the right to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects, which would make the items unfit for the purposes for which they are required, may be given at any time within one (1) year after discovery of the defects. C.6.3 All items rejected must be removed immediately by the contractor at the expense and risk of the contractor. If the contractor fails or refuses to remove the rejected items, they may be sold by the City and the proceeds used to cover all related expense incurred by the City. C.6.4 In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishments where they are produced before shipment. C.6.5 The above provisions shall not be constricted in limitation of any rights the City may have under any laws including the Uniform Commercial Code. C.6.6 If applicable, State written approval is required before the release of any Bonds or payments will be made to contractor_ ARTICLE D INSTRUCTIONS TO BIDDERS D.I CONSIDERATION OF BIDS D 1.1 The properly identified bids which have been received on time will be opened publicly and will be read aloud. The bids are available for inspection after all bids have been read aloud. D.2 REJECTION/ACCEPTANCE OF BIDS D. 2.1 The City of Richmond shall have the right to accept or reject any and all bids. The City of Richmond shall reject any bid not accompanied by the required bid security, and shall reject bids that are incomplete or unsigned. D. 2.2 The City of Richmond shall reject all bids from bidders where there has been collusion between the bidders. D.3 BID AWARD D. 3.1 it is the intent of the City of Richmond to award a contract to the lowest responsible and responsive bidder meeting specifications provided the bid has been submitted in accordance with the requirements of the bidding documents. The City shall have the right to waive any informality or irregularity in any bid(s) received; to accept or reject the bid(s) which in its judgment is in its own best interest; and to solicit new bids privately and to award to the best bid so received. D. 3.2 Award will be based on the following (where applicable): 1. Adherence to all conditions and requirements of the bid specifications. 2. Total bid price (including any discounts), unit bid price or extended price. 3. General reputation and experience of bidders. 4. Hourly rates for specified personnel. 5. Evaluation of the bidder's ability to service the City. 6. Financial responsibility of the bidder. 7. Prior knowledge of an experience with the bidder in terms of past performance. 8. Needs and requirements of the City. 9. Experience with the products involved. 10. Nature and extent of company data furnished upon request of the City. 11. Quantity of merchandise. 12. Product appearance, workmanship, finish, taste, feel and results of any product testing. 13. Overall completeness of product line offered. 14. Locality in relation to the City, where prompt service may be required. 15. Bidder's ability to meet delivery and stocking requirements. 16. Delivery date. 17. Maintenance cost and warranty provisions. 18. Repurchase, trade-in or residual value. D. 3.3 Unless otherwise indicated in the invitation for bids, the City reserves the right to award the contract in whole or in part, by item, by group of items or by section where such action serves the best interest of the City. D. 3.4 Bids submitted on an "all or none" basis or similar basis will be evaluated against the total of the low bids for the individual items. DA WARRANTIES, GUARANTEES AND MAINTENANCE D. 4.1 A copy of the manufacturer's warranties and/or guarantees for the items bid must accompany vendor's bid. A copy of your company's warranties and /or guarantees for the items bidding also must accompany vendor's bid. D. 4.2 As a minimum requirement of the City, the vendor will also guarantee, in writing, that any defective components discovered within a one (1) year period following the date of equipment acceptance shall be replaced by the vendor at no cost to the City. D. 4.3 Replacement parts of defective components shall be shipped to the City of Richmond at no cost to the City. if defective parts are required to be returned to the vendor, the shipping costs shall be borne by the vendor. ARTICLE E INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE CONTRACT E.1 CONTRACT DOCUMENTS Nothing in the contract documents shall create any contractual relationship between the City and the contractor's employees, subcontractors and their agents and employees and any other parties furnishing goods and services to the contractor and their agents and employees. E. 1.2 The contract documents consist of the invitation for bids, instructions to bidders, contractor's bid form with attaclunents, if any, executed contract, conditions of the contract (general, supplementary and other conditions), the specifications, all addenda issued prior to receipt of the bids and all modifications issued after execution of the contract. A modification is (a) a written or supplement to the contract signed by both parties or (b) purchase release issued by the City or (c) change order. E. 1.3 The contract documents form the contract. This contract represents the entire and integrated agreement between parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. E. 1.4 The issue of a purchase order that is in accordance with the specifications represents a contract. Should vendor find purchase order to be incorrect, said vendor must notify Purchasing Director within twenty four (24) hours of purchase order date. ARTICLE F INSTRUCTIONS TO BIDDERS INDEMNIFICATION, INSURANCE, AND PROTECTION OF LIVES AND PROPERTY F. I INDEMNIFICATION F. 1.1 The contractor shall indemnify and hold harmless the City of Richmond and its officers and employees from and against all claims, damages, losses, expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the contract, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than goods, materials and equipment furnished under this contract) including the loss of use resulting there from, and (b) is caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, or anyone directly employed by any of them or anyone for whole acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. F. 1.2 In any and all claims against the City or any of its officers or employees by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph G. I shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the contractor or any sub -contractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. F.2 WORKER'S COMPENSATION INSURANCE F. 2.1 For contracts involving performance of work pursuant to the provisions of Indiana Code IC 22- 3-2-14 (a) bidders are required to furnish a certificate from the Indiana Worker's Board showing that such bidder has complied with IC 22-3-2-5, 22-3-5-1 and IC 22-3-5-2. F.3 INSURANCE F. 3.1 The Contractor shall, as prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect him from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any Sub -contractors or by anyone who directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. F.3.1 (con't) Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate F. Malpractice/Errors & Omissions $1,000,000 per claim Insurance $2,000,000 each aggregate ARTICLE G INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE CONTRACT G.1 PAYMENTS G. 1.1 The City is not subject to federal excise taxes. Federal Tax Exemption Registry Number is 35- 6001174. G. 1.2 The City is not subject to the Indiana sales and use taxes on the purchase of goods and other materials. Where the contract includes the combination of labor and material, the contractor shall pay the Indiana sales and use taxes on the materials only. G.2 METHOD OF INVOICING FOR PAYMENT G. 2.1 No contract will be official for services or materials unless a purchase order has been issued. G. 2.2 Contractor shall bill the City: (a) on regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number; and (b) if the contractor allows a cash discount, the period of time in which the City must make payment to qualify for discounts shall be computed from the date the City received the invoice (completely filled out), or the date the goods are delivered and accepted, whichever may be later, and shall be for not less than thirty (30) days and (c) if more than one shipment is made under the contract, the City will make partial payments on a basis that is agreeable to both parties. G. 2.3 Payments under this contract will be made in the manner provided by law for payments of claims against the City. G. 2.4 No payment will be made for production overruns in excess of the quantity ordered by the City (unless with prior written approval). G. 2.5 No payment shall constitute an acceptance of any goods or services not in accordance with the requirements of the contract. G. 2.6 Schedule of values may be used in contractual work. City will so designate if applicable. (See Invitation for Bid Page) G.3 DAMAGES FOR DELAYED DELIVERY AND/OR CONTRACTUAL SERVICES G. 3.1 In the event delivery of completed item or items bid and/or unaccomplished contractual completion date is delayed beyond bidder's specified date, the City of Richmond will assess certain damages of n1 Q. /day. Certain damages will apply in all cases except the following: In the event delivery and/or completion of contract shall be necessarily delayed because of strike, injunction, government controls, or by reason of any other cause of circumstances beyond the control of the contractor, the time of completion of delivery shall be extended by a number of days to be determined in each instance by mutual agreement between the City of Richmond and the contractor. Should there be damages assessed, the City will have the right to deduct the damages from the payment to be made to contractor. E-Verify Requirements: Definitions: E-Verify Program - An electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV, s.403(a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). 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. ■ ■ t . [ i ... ■ l ■ .... ■ ............ ■ f ■ ...... a ■ ■ ............ ■ ...... 5 ■ . ■ ■ l ■ ..... 1 ■ ■ . ■ ■ 1 COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the 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. a a parr :4 CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 52414 (11212-13) r Form 96 (Revised 2013) Prescribed by Slate Board of Accounts re �s PART (To be completed for all bids. Please type or print) Date (monlh, day, year): 1. Governmental Unit (Owner): 2. County : 3. Bidder (f Address: City/State/ZlPcode: �aal r .Lp,ILg- t j [ pZZO 4. Telephone Number.__ 5. Agent of Bidder (if applicable): A� Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of ` o c�'' aA (JE)f J-Q-U'�pZj t �� �c f '.4 9-C4t, (Governmental Unit) in accordance with plans and specifications prepared by C4'c1 ' �L for the sum of <J-t suPr,,�f, t �r�Q r � / i �y�iy+d Ord $ I D S '0 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 ancest -Y. Breach of this covenant maybe regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (if applicable) 1, 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 ACCEPTANCE The above bid is accepted this -�'� day of '4j� t ' 2� �, subject to the fallowing conditions: N � � Contracting Authority Members: - S e-L - C . �_ _r S rc.Qe,.tifi" PART Il (For projects of $150, 000 or more - JC 36-1-12-4) Governmental Unit: (SLS( Bidder (Firm) Date (month, day, year): v 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 I Class of Work 2. What public works projects are Date > i Name and Address of Owner of construction by your organization? Expected I I Contract Amount Class o ork Completion Name and Address of Owner Date 3. Have you ever failed to complete any work awarded to you? If so, where and why? 4. List references from private firms for which you have performed work. SECTION 11 PLAN AND EQUIPMENT QUESTIONNAIRE 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.) -Q- o., ni��l r f Ni, a ' , rl'`� !�'�� �� ? 1 f L) 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. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. 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. r 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. ��. ` w /r tip. •�. 1 �)..1 •\ f f.. '� i SECTION IV CONTRACTOR'S NON - COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. -SECTION -V OATH -AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC W RKS ARE TRUE AND CORRECT. Dated at �� 3 '�1 ,f ILr"" day of t ✓� t 2 "T r A (Name of By (tile of Person wgnrngj ACKNOWLEDGEMENT STATE OF ) ss COUNTY OF Before me, a Notary Public, personally appeared the above -named P_ W & C • W M 6)-v CX- and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this day o FARIS D, STATE `��,•�s��;iar��, O1Aey 'y Notary hbilo, State of Indians Marion County '* •, s g %00' ,, ,. * Commission a 640261 My Commission Expires r ` '��"D;,",;.��` December 03, 2020 My Commission Expires: Q " ;:!).) o"LOa 0 County of Residence: -9 Wei 0 ✓1 Notary Public D q u C CO ^_r U) 0 m r� VJ �i I i S _ J { A Q -ice f � N V October 19, 2017 RenoSysF Ads. Vicki Robinson, Purchasing Director PVC Pool Shells Nis. Denise Retz, Parks & Recreation Superintendent Mr. Jim Dykes, Parks & Recreation, Assistant Superintendent City of Richmond, Board of Public Works 50 North 5th Street ReeDeck'" Rictunond, IN 47374 Wet Area Flooring Re: Pool Liner at Cordell Pool DuraTech" Pool Gutters & GratingDear APIs. Robinson and Bid Review Board, Thank you very much for the opportunity to submit our competitive bid for the City of ToughDeck'm Richmond, Pool Liner at Cordell Pool project. We take great pride in having installed the original liner in 2000 and are pleased that the Parks Department experienced a successful PVC Flooring original that endured the full extent of the 10 year warranty, plus an additional 7 years. nearly double the warranty. We take great pride in our long-term commitment to serving municipal pools throughout the state, and welcome all opportunities to continue providing SoftSide'" services to the City of Richmond as needed, Safety Padding As part of our Base Bid, our standard 'installation procedures will n-drror the highly successful methods of our original 2000 installation, as well as increased slip resistance in our textures for your steps and zero entry. We expect the project to last approximately 6 RenoSys weeks, assuming favorable weather conditions. Due to previously committed projects, we Potable Linings expect the project will commence prior to sprung 2018. However, we will advise the City if our schedule allows demo and concrete evaluation to begun this fall. As a Voluntary Alternate, we have included an option for installing our RecDeck PVC Flooring onto your deck. We hope you'll consider this option, which will enhance the safety and aesthetics of FuturaPool " your overall facility ui a complete bundled package. We will adjust the total square footage (vioduiar Public, Pools to minimize costs in order to accommodate any budgetary limitations. Please allow an additional week for every 3,000 sf of RedDeck installation. Thank you for your time and consideration. We sincerely hope to expand the long term com relationship we've mutually enjoyed by offering our products and services. If I can provide poolegtiip , additional information that will aid in your decision, please do not hesitate to contact me at Public Pool Equipment your convenience.&) Competitive. Pricer, Sincerely, Ky Webster ir}'}�iiiva�... "www.renosys.com" or "www.poolequip.com" RenoSys Corporation 2825 E. 55th Place • Indianapolis, IN 46220 Phone: 800.783.7005 • 317.251.0207 Fax: 317.251.0360 • e-mail: "infoCrenosys.com' Quote #2017101917-100 10/19/2017 VOLUNTARY ALTERNATE OPTIONAL ADD ON TO Cordell Pool Liner Bid Cordell Park Pool Deck City of Richmond, IN RenoSys PVC Pool Membrane Quotation Furnish and install RecDeck PVC flooring, to include the following components and services: • Install Renosteel or Renobar (PVC attachment pieces) as required. • Apply RecDeck adhesive as required on a smooth surface. • Install RecDeck PVC 85 mil membrane, chemically seal and/or heat weld all seams throughout. • Cut out for all existing deck penetrations equipment and deck attachment points. • Complete perimeter caulking, detail work, and finish work to make a complete, watertight installation. • Termination to be at existing saw cut along pool side, and at exterior perimeter. • Broom clean entire site and perform final inspection. • Membrane and welds shall carry a 5-year structural warranty. • All other items (caulk, fasteners, etc.) shall carry a one-year warranty. Voluntary Alternate Bid RecDeck PVC Flooring on Pool Deck Furnished & Installed onto ..................ENTIRE DECK UP TO 20,000sf $112,000.00 May be installed over smaller portions of deck, minimum 6,000.00 at the rate of $5.75lsf. Price is valid if approved with Main Pool Renovation. Price is not valid as a deferred stand alone project. Please allow an additional week for every 3,000 sf of RedDeck installation_ RenoSys Corporation 2825 East 55tn Place • Indianapolis, If': 4%3?20 Phone: 800.783.7005 • 317251 020/ 000-U SG)z ;U='(D 5'E 3 8 ad to m 3 D og o m o n o m —c a m° c w m 3 m� tp ` N �, tU o to a> Q o CD C 3 y, ° 3 m oZ'� mta < w �' o o nw�Z o= '� �'am m 3'suasCL 3 3 -tic a v, 3 w �� 3 �� o Dt°ta v om P, ro mao— maxoi, �?c000000� c CT�.� w�v �' a ro ?°' 3 o'�a:o �o3N �c3u�c�� 3c�i�_5'��ro-� ro a a = o °: � 0 �' CD 3 w� 5'mc t000to� (D i3to m- a�3 oo-_,o ^3 m m c°—' ��°*�a:otsa� wo°a Q 3Qn S^.o.°A):3 v, .-,n �ro � °K i o a��v < 33m om(atow Wm or.:3 w aN°�'o � mmo� D0 o �0 o o m a) .. �- 64R 0 o D`�° `' d �, a=i i'no � � tp`o a �Do D o m w 9'tv � m ow cn to mto 0-2—,A)w °CL �' a� 3 r►� m SO Ci tD ma'Dm a�i d a S g m o — Q a m vcocoa w 4W 3 M to tIV °o ::r x(D�o� mo _aom .w n (D co. ro o x� G �x(o 3 c °' �' crou 0 a .-« o 0 o m o -ate w�'o c 3 ro N �,o N r.o w o�o'ao 0 0 0 a �w — r- o o_ .» i�wvo, o�og� co ��owoco,�m�. ►a�' a _° CL m (D m N o c o m pc-� o-0, '02 m ro 3 3 c N c3 ..° m -* v,a 3 aro w� ro 3 -%" S Ol o o N m— N° 3 06Z ° m N .a � v 3 ro M� � m�3m0 ��$~woma0(D m su to q• ro s ro — N -• Q• to (!) A=o o xf a� tym �,� o`v, m ON �.�N=a �c.tT°�n�o aSi -.0 3 g3�wix��.o..c Nwo 0 o3� moX_ m m O O _ 5a 0. n -a o _5 , 3 0 o d a; D tc a c �q.o °P 'o 0 w aflIz0 � �tacD 11 Q® A (`�".(/J,R CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 6/4/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 lieu of such endorsement(s). PRODUCER Pillar Group Risk Management, Inc. 301 Pennsylvania Parkway Suite 100 Indianapolis IN 46280 CAMEACT Karen Edwards PHONE xll (317) 853-3500 _ �Np ILL fAIC No nonaless:ked as ds@pillargroup.com PRODUCER POO17492 CUSTOMr INSURE S AFFORDING COVERAGE NAIC9 INSURED Aquatic Renovation Systems, Inc. DBA: Reno Sys Corporation 2825 East 55th Place Indianapolis IN 46220 INSURER A Wa_USELU_Underwriters Insurance INSURER BNavi ators Insurance INSURER CWausau Insurance _Underwriters INSURER D_Federal..Insurance Company 20281 INSURER E INSURER F: ...�� !`COTICICATF NI IMARR•12-13 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE L NSR POLICYNUMBER MMNOmW POLICY Ml DrYYYY LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 DAMAGE To , PREMISES Ea N n S 300,000 µEDEXP(Any oneperson) $ Excluded A CLAIMS -MADE X❑ OCCUR rBJZ91457270042 �/1/2012 /1/2013 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 $ POLICY X PROT X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Es accident) $ 1,000,000 A X ANY AUTO ALL OVVNEDAUTOS SJZ91457270032 /1/2012 7/1/2013 BODILY INJURY (Per person) S BODILY INJURY (Peraccident) S PROPERTY DAMAGE (Per accident) S SCHEDULED AUTOS HIRED AUTOS 5 NON-OV1MEO AUTOS S X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE EACH OCCURRENCE $ 5,000,000 AGGREGATE S 5,000,000 DEDUCTIBLE X RETENTION S 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN S B C CH12EXC733220IV 7/1/2012 7/1/2013 VC STATUS X OE L S ELEACH ACCIDENT S 1,0001000 E.L.DISEASE - EA EMPLOYE S 1 000 000 OFFICERrMEMBER EXCLUDED? ❑ (Mandatory In NH) NIA C6Z91457270022 /1/2012 7/1/2013 E.L DISEASE -POLICY LIMIT S 1,000,000 If es. desenbe under DESCRIPTION OF OPERATIONS below L691013 D Leased/Rented Equipment /1/2012 7/1/2013 Any One Item $300,000 $1, 000 Deductible Any One Oaurence $300 , 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddMonal Remarks Schedule, if more space is required) For Sample Purposes CENT It ICA l E Sample 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 iel Touw/KAR ACORD 25 (2009109) INS025 (2oDK9) The ACORD name and logo are registered marks of ACORD Swiss Re Corporate Solutions CONTRACTOR: (Name, legal status and address) Aquatic Renovation Systems, Inc. 2825 E. 55(h Place Indianapolis, IN 46220 OWNER: ('Name, legal status and address) BID BOND SURETY: North American Specialty Insurance Company 1450 American Lane, Suite 1100 Schaumburg, IL 60173 City of Richmond, Indiana - Board of Public Works and Safety 50 North 5th Street Richmond, IN 47374 BOND AMOUNT: Five Percent of the Maximum Amount of the Bid (5%) PROJECT: (Name. location or address and Project number. if an;ty Pool Liner at Cordell Pool; 9 S.W. 131h Street, Richmond, IN 47374 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable. The Contractor and Surely are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement behveen the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the terra Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, 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 lawAnd. igned and sealed thi 19th day of October, Aqu Ofin( ss) (Pt t (Seal) a. North Americ pecialty insurance Company _ (lltil►iess) fiDily A. Girvin (Seal) (Title) Robert L. Sherfick, Attorney -in -Fact This Doeurnent confamns to the AId Document d310n'- 2010 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL A4EN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under Ian's of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: NANCY J. NONWEiLER, JOHN W. HANNON, III, JASON McELDOWNEY and ROBERT L. SHERFICK JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (S50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or an), Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \S\\�N,1..t�111y1111711f/!///i rvsno g as , �+ rE•••:� � By e.`!: "GOpppkjr ;G ` _• SEAL :n= Steven P.Andcrcan,SmlerVice President afWashingten Ialernational Insurance Comps ay Z/ SEAL c i tpT3 ryin ` k senior Vice President of North American SpeeAlq• Insurance Company �� Ian fill I By Michael A. tic. 3inlbiC see Vren•B-1 of Washifilloa nterasuonr ell surmc Compeer & Senior Vice President of North Amerieaa specialty Iasofa nce Compaay IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 24th day of August , 2016 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss' On this 24th day of August , 2016 . before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL hiKENN.Y NOTARY PUBUC, STATE OF ItL1NOIS M. Kenny, Notary Public MYCOMMISSION EXPIRES 121nti2017 1, Jeffrey Goldberg _the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington international insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said Noah American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WI-IEREOF, i have set my hand and affixed the seals of the Companies this 19th day of October 20 17 . A. - Jeffrey GGoo"Idbeq. Vice P—tdcnt & Assistant Sccmtm of Washington Imematiman Insurance Company &- North Am —can Specialty 'nturaacr Compm%