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Home My Public Portal About096-2018 - Thor Construction - Pump RehabilitationORIGINAL AGREEMENT THIS AGREEMENT made and entered into this � day of June, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, with its office at 50 North 51 Street, Richmond, Indiana, 47374 (referred to as the "City"), and Thor Construction Company, I I I I NW `T' Street, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to .furnish materials and to perform services for installation of new pumps, piping, controls, valve vault and other work as described in the plans and specifications for the City's Far North Pump Station Project (the "Project") in Richmond, Indiana. All work performed under the Agreement shall be as shown in the Project plans and specifications prepared by the Lochmueller Group, Inc. City published Notice to Bidders on March 111 and 18th, 2018 in the Richmond Palladium -Item newspaper for the Far North Pump Station Project. A copy of said bid notice is attached hereto and incorporated herein by reference as Exhibit "A". The bid response of Contractor, dated April 10, 2018, for the Far North Pump Station 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 Far North Pump Station 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 and incorporated by reference herein as Exhibits, 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 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 and/or warranties; 2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.C. § 22-5-1.7-1 1(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION Il. 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. 96-2018 SECTION III. COMPENSATION City shall pay Contractor in an amount not to exceed Three Hundred Twenty -Six Thousand Three Hundred Seventy -Five Dollars and Zero Cents ($326,375.00), for complete and satisfactory performance of the work required hereunder. The monies to be paid to Contractor are based upon the Far North Pump Station Project Bid Sheet signed by Contractor on April 10, 2018 and submitted by Contractor, which is set forth in Exhibit `B", and attached with this Agreement and made a part hereof. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective upon signature by both parties and shall continue in effect until and including one -hundred twenty (210) calendar days from the authorization to proceed date to substantial completion, plus thirty (30) additional calendar days for final completion, unless both parties agree to extend this Agreement by a written and signed agreement. 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) 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; 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. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) days written notice to the other party. In the event of termination of this Agreement, 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. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or 2 1 - . 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 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 $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $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 3 1 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. 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 Board determines during the course of this Agreement that this certification is no longer valid, Board 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 Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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 4 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. 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. 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 filing 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. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. 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. 5 r Any person executing this Contract in a representative capacity hereby warrants that he or she has authorization, in writing, by his or her principal to execute this Contract on behalf of the Contractor and that such authorization has not been revoked or rescinded. 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" "CONTRACTOR" The City of Richmond, Indiana, by and through Thor Construction Company its Board of S itary Commissioners By• �. ue iller, President (Printed): Daniel D. Stamper APPROVED: Snow Dated: b ` Title: President Dated: g 6 1 r RICHMOND SANITARY DISTRICT CITY OF RICHMOND, INDIANA FAR NORTH PUMP STATION PROJECT Sealed Bids for the construction of the Far North Pump Station Project will be received by The Richmond Sanitary District, at the office of the District, until 10:00 A.M. EST local time on April 10, 2018, at which time the Bids received will be "publicly" opened and read. The project consists of upgrading the existing Far North pump station to include replacing pumps, internal piping, new valve vault and controls. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis. The Issuing Office for the Bidding Documents is: Lochmueller Group, 3502 Woodview Trace Suite 150, Indianapolis, IN 46268. Contact Jeff DeWitt P.E. at 317-222-3880 and jdewitt@lochgroup.com. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 8:00A.M —4:00 P.M, and may obtain copies of the Bidding Documents from the Issuing Office as described below. Bidding Documents also may be examined at the office of the Richmond Sanitary District, 2380 Liberty Avenue, Richmond, Indiana, on Mondays through Fridays between the hours of 7:30 A.M —4:30 P.M. Printed copies of the Bidding Documents may be obtained from the Issuing Office, during the hours indicated above, upon non-refundable payment of a deposit of $100.00 for each set. Checks for Bidding Documents shall be payable to "Lochmueller Group, Inc.". Upon request and receipt of the document deposit indicated above plus a non-refundable shipping charge, the Issuing Office will transmit the Bidding Documents via delivery service. The shipping charge amount will depend on the shipping method selected by the prospective Bidder. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the Bidder's date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office. A pre -bid conference will be held at 10:00 A.M. EST local time on March 20, 2018 at the Richmond Sanitary District, 2380 Liberty Avenue, Richmond, Indiana, 47374. Attendance at the pre -bid conference is optional. Bid security shall be furnished in accordance with the Instructions to Bidders. Bidders shall submit proof of qualifications to perform the Work as described in the Instructions to Bidders. BOARD OF SANITARY COMMISSIONERS Sue Miller Aman Bakshi Greg Stiens Publish Dates: March 11 & 18, 2018 Richmond Sanitary District Far North & Hayes Pump Stations Project EXHIBIT'A' - Page 1 of 1 00 00 50 - 1 216-0076-0 W W SECTION 00 43 00 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Thor Construction Company 1111 Northwest'T' Street Richmond, IN 47374 SURETY (Name, and Address of Principal Place of Business): The Guarantee Company of North America USA 1 Towne Square, Suite 1470 Southfield, MI 48076 OWNER (Name and Address): Richmond Sanitary District 2380 Liberty Avenue Richmond, IN 47374 BID Bid Due Date: April 10, 2018 Description (Project Name-- include Location): For North and Hayes Pump Stations Project BOND Bond Number: N/A Date: April 10, 2018 Penal sum Five Percent of the Amount of Bid ------------ ____------- _---- _---------------- $ 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 (Seal) The Guarantee Company of North America USA(Seal) Thor Construction Company , Bidder's Name and Corporate Seal' Surety's Name and Corporate Seal el By: D By: Signature Signature (Attacitower of Attorney) Dt9-NlF D. 5Z�A 2Prt? Print Name AR si,r24'N t Title Courtney A Flaska Print Name _ Attorney In Fact -- Title Amlh �3M't., ' Witness:MAI Attest:# ' Signature Signature Title Title Witness Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. Richmond Sanitary District Far North Pump Station Project 216-0076-OWW 00 43 00 - 1 Exhibit'B' - Page 1 of 45 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 sale 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, comrnerclal 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. Richmond Sanitary District Far North Pump Station Project 216-0076-OWW 004300-2 Exhibit 'B' - Page 2 of 45 1. i Surety Company Acknowledgement STATE OF ILLINOIS COUNTY OF COOK SS: On this loth day of April, 2018, before me personally appeared Courtney A. Flaska , to me known, who, being by me duly sworn, did depose and say: that (s)he resides at Schaumburg, Illinois, that (s)he is the Attorney in Fact of The Guarantee Company of North America USA, the corporation described in and which executed the annexed instrument; that (s)he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. Notary Public in and for the above Coun and State My Commission Expires: 05/23/18 `.. �MEREDITH H. MIELKE oFFICIAL SEAL i-t�+NoiaiY pkJblir., Slule of Illinois My Commission Expires May 23, 2018 Exhibit 'B' - Page 3 of 45 THE The Guarantee Company of North America USA GUARANTEEo Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint James Stephen Pohl, Carol A. Dougherty, Sherene L. Hemler, James L. Sulkowski, Mike Pohl, Meredith H. Mielke, Kirk Liskiewitz, Robert B. Schutz, Courtney A. Flasks, Samantha Bradtke DS&P Insurance Services Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,, and 2. To revoke, at any tKne, any such Attorney -in -tact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fad includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following Is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 19 day of March, 2018. STATE OF MICHIGAN County of Oakland THE GUARANTEES COMPANY OFF NORTH AMERICA USA Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 1st day of March, 2018 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said Instrument Is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. u c r Cynthia A. Takal Notary Public, State of Michigan County of Oakland `ti; • • ,: My tanmission Expires February 27, 2024 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is sb'ti in full force and effect. rM"'Esc IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 10th day of April 2018 f Exhibit 'B' - Page 4 of 45 Randall Musselman, Secretary ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: The Richmond Sanitary District Office at 2380 Liberty Avenue, Richmond, Indiana 47374 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or Indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date One 3/21/18 Two 4/5/18 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has considered the information known to Bidder itself; information commonly known to contractors' doing business in the locality of the Site; Information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified In the Bidding Documents, with respect to the effect of such Information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, and (3) Bidder's safety precautions and programs. E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. E1CDC• C-410, Bid Form for Construction Contracts. This document Is a MODIFIED version of E1CDC' C-410, Copyright m 2013 by the National Society of Professional Engineers, American Society of CMI Engineers, and American Council of Engineering Companies, or Is based in part on excerpts from E1CDC documents. Those portions of the text that originated In published EICDC documents remain subiect to the copyright. Pagel Exhibit '13' - Page 5 of 45 F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed Individual or entity and Is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. "corrupt practice" .means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to Influence the,bidding process to the detriment of Owner, (b) tp establish bid prices at , artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for a lump sum price: A. EJCDC* C-410, Bid Form for construction Contracts. This document is a MODIFIED version of EJCDCO C-410, Copyright ® 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright. Page 2 Exhibit 'B' - Page 6 of 45 Item Description Unit Estimated Bid Unit Bid Price No. Quantity Price Richmond Sanitary District - Far North Pump Station Project Vaughan Chopper Pumps 1 With Soft Starts & Guide Rail LS 2 69,375.00 Systems 2 Existing Wet Well Work LS 1 85,000.00 3 Valve Vault Replacement LS 1 57,000.00 Electrical & Control Panel LS 1 115,000.00 4 Work TOTAL: 326,375.00 TOTAL FOR Far North Pump Station $ 326,375.00 Project: And in words: Three Hundred Twenty —Six Thousand Three Hundred Seventy —Five Dollars and 00/100 ARTICLE 6 — MANDATORY ALTERNATES FOR ADDITIONAL WORK 6.01 MANDATORY ALTERNATE 1: VFD Controls in Lieu of Soft Starts. Provide a price to use VFD controls for pumps. A. Alternate ADD DEDUCT] (circle one) 8,300.00 6.02 MANDATORY ALTERNATE 2: Barnes Pumps with Soft Starts in Lieu of Vaughan Chopper Pumps. Provide a price to use Barnes 4XSCDG150N4, 15 hp, 1750 rpm, 50' 208-230v plug n play cord assembly with soft start controls in lieu of Vaughan Chopper Pumps. A. Alternate 2: [ADD 4 EDUCT ircle one) S —26,000.00 6.03 MANDATORY ALTERNATE 3: Barnes Pumps with VFD's in Lieu of Vaughan Chopper Pumps. Provide a price to use Barnes 4XSCDG150N4, 15 hp, 1750 rpm, 50' 208-230v plug n play cord assembly with VFD controls in lieu of Vaughan Chopper Pumps. A. Alternate 3: [ADD / EDU circle one) $ —26,400.00 6.04 MANDATORY ALTERNATE 4: Control Panel Shelter. Provide a price to construct a shelter over the control panels as shown on sheet E8 of the plans. A. Alternate 3 [ADD) DEDUCT] (circle one) S 5,760.00 EJCDC' C-410, Bid Form for Construction Contracts. This document is a MODIFIED version of EJCDC' C-410, Copyright ® 2013 by the National Society of Professional Engineers, American society of Civil Engineers, and American Council of Engineering Companies, or Is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EICDC documents remain subject to the copyright. Page 3 Exhibit B' - Page 7 of 45 ARTICLE 7 —TIME OF COMPLETION 7.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 7.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 8 — ATTACHMENTS TO THIS BID 8.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Indiana State Form 96 and required attachments. ARTICLE 9 — DEFINED TERMS 9.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 10 — NON -COLLUSION STATEMENT 10.01 By submission of this Bid, the undersigned certifies, and in the case of a joint Bid, each party thereto certifies as to his own organization, that in connection with the Bid: A. The prices in the Bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor, B. Unless otherwise required by law, the prices which have been quoted in the Bid have not knowingly been disclosed by the Bidder, prior to opening, directly or indirectly to any other Bidder or to any competitor. C. No attempt has been made or, will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. D. He is the person in the Bidder's organization responsible within that organization for the decision as to the prices being Bid and that he did not participate, and will not participate, In any action contrary to paragraphs 1 through 3, above. E. He is not the person in the Bidder's organization responsible within that organization for the decision as to the prices being Bid but that he has been authorized to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to paragraphs 1 through 3, above, and as their agent shall so certify; and shall also certify that he has not participated, and will not participate in any action contrary to paragraphs 1 through 3 above. ARTICLE 11— BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] THor Construction Company EJCDC' C-410, Bid Form for Construction Contracts. This document is a MODIFIED version of EJCDC* C410, Copyright ® 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based In part on excerpts from EJCDC documents. Those portions of the text that originated In published EJCDC documents remain subject to the copyright. Page 4 Exhibit 'B' - Page 8 of 45 [Signature] [Printed name] Daniel D. Stamper (if Bidder is a corporation, a limited liability company, a partnership, or a Joint venture, attach evidence of authority to sign.) Attest: QIYI" d 1 /7 [Signature] [Printed name] Amber �q Title: SfcrmN I Tao A,iirtK Submittal Date: Aril 10 2018 Address for giving notices: 1111 Northwest "T" Street Richmond, IN 47374 Telephone Number: 765-962-6553 Fax Number: 765-966-9020 Contact Name and e-mail address: , Dan Stamper dan@thor—construction.net Bidder's license No.: (where applicable) EJCDC' C-410, Bid Form for Construction Contracts. This document is a MODIFIED version of EJCDCe C-410, Copyright 0 2013 by the National society of Professional Engineers, American Society of ChAI Engineers, and American Council of Engineering Companies, or Is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright. Pages Exhibit'B' - Page 9 of 45 E-Verify Requirements: Definitions: E-Verify Program — A 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 Depart 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. rrrrrrrrrrrrrrrrrrrr urrrrrrrrrrrrrrru rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr• COMPLIANCE WITH INDIANA E-VERY 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 the 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 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. If the 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. Exhibit'B' - Page 10 of45 Affidavit of.Employm.ent Eligibility verification The Contractor, Thor 'Construction Compa40irms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. • If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code •22-5-1.7, Contractor has enrolled in and verifitd•the workfeligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to.-the*Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrblled and is participating- in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this 10thday of April , 20 18 _Daniel D. Stamper (printed name) Exhibit 'B' - Page 11 of 45 THOR CONSTRUCTION (A DIVISION OF CARROLL ELECTRIC, INC.) FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31, 2016 AND 2015 Exhibit 'B' - Page 12 of 45 THOR CONSTRUCTION (A DIVISION OF CARROLL ELECTRIC, INC.) TABLE OF CONTENTS YEARS ENDED DECEMBER 31, 2016 AND 2015 Page INDEPENDENT ACCOUNTANTS' COMPILATION REPORT 1-2 FINANCIAL STATEMENTS Balance Sheets 3 Statements of Operations and Retained Earnings 4 SUPPLEMENTARY INFORMATION Schedules of Cost of Contract Revenue Earned 5 Exhibit 'B' - Page 13 of 45 BRADY. WARE &SCHOENFELD INDEPENDENT ACCOUNTANTS' COMPILATION REPORT Dan Stamper Thor Construction Richmond, Indiana Management is responsible for the accompanying financial statements of Thor Construction (a division of Carroll Electric, Inc.), which comprise the balance sheets as of December 31, 2016 and 2015, and the related statements of operations and retained earnings for the years then ended in accordance with accounting principles generally accepted in the United States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the financial statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any form of assurance on these financial statements. The Division utilizes the percentage of.completion method of contract accounting. Progress billings are issued periodically during the course of a contract. Revenues are recognized equivalent to costs incurred at the date of billing, plus proportional estimated earnings based on projected gross margins; billings in excess of or less than that amount are reflected as liabilities or assets, respectively. The percentage of completion method is used because management considers costs incurred to be the best available measure of progress on these contracts. Changes in job performance, job conditions, and estimated profitability may result in revisions to costs and revenues in the next year. The entire amount of an estimated loss on a contract is provided1or when it becomes known that a contract will result In a loss. The supplementary information contained in the Schedules of Cost of Contract Revenue Earned is presented for purposes of additional analysis and is not a required part of the basic financial statements The supplementary information has been compiled from information that is the representation of management. We have not audited or reviewed the supplementary information and, accordingly, do not express an opinion or provide any assurance on such supplementary information. Management has elected to omit substantially all of the disclosures and the statements of cash flows required by accounting principles generally accepted in the United States of America. If the omitted disclosures and statements of cash flows were included in the financial statements, they might influence the user's conclusions about the Division's financial position, results of operations, and cash flows. Accordingly, the financial statements are not designed for those who are not informed about such matters. 3601 Rigby Road a Suite 400 • Dayton, Ohio a 45342-4981 1 Woodside Drive a Richmond, Indiana a 47374-2630 4249 Easton Way'* Suite 100 . Columbus, Ohio a 43219-6170 2340 Perimeter Park Drive a Suite 100 a Atlanta, Georgia • 30341-1318 10375 Old Alabama Road Connector * Suite 300 • Alpharetta, Georgia a 30022-1122 WS-MbbiatdRp%mVWWarn B RADY WARE Fasatuicwesu+ INDEPENDENT ACCOUNTANTS' COMPILATION REPORT - CONTINUED This report is not intended to be a complete financial statement presentation of Carroll Electric, Inc., and is intended for the information and use of the management of Carroll Electric, Inc., and should not be used by anyone other than these specified parties. Richmond, Indiana January 30, 2017 2 Exhibit 'B' - Page 15 of 45 THOR CONSTRUCTION (A DIVISION OF CARROLL ELECTRIC, INC.) BALANCE SHEETS DECEMBER 31, 2016 AND 2016 2016 2015 ASSETS CURRENT ASSETS Cash $ 258,682 $ 263,043 Accounts receivable 863,813 570,420 Related party receivable 79,513 1,112,495 968,245 PROPERTY AND EQUIPMENT - Net of accumulated depreciation of $137,699 and $133,950 16,706 18,833 CERTIFICATE OF DEPOSITS 106,368 55,269 $$ 1�69 $ 987,078 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Accounts payable - trade $ 632,569 $ 476,746 Billings in excess of costs and estimated earnings on uncompleted contracts 66,369 28,938 698,938 505,684 STOCKHOLDER'S EQUITY Paid -in capital 39,400 39,400 Retained earnings 497,231 441.994 636,631 481,394 $$ 1,569 S__2.;7A78 See independent accountants' compilation report. 3 Exhibit B' - Page 16 of 45 THOR CONSTRUCTION (A DIVISION OF CARROLL ELECTRIC, INC.) STATEMENTS OF OPERATIONS AND RETAINED EARNINGS YEARS ENDED DECEMBER 31, 2016 AND 2016 CONTRACT REVENUE EARNED COST OF CONTRACT REVENUE EARNED GROSS PROFIT OPERATING EXPENSES INCOME FROM OPERATIONS OTHER INCOME - NET NET INCOME RETAINED EARNINGS Beginning of year Distributions End of year 2016 2015 Amount Percent Amount Percent $ 6,069,091 100.0 $ 1,932,423 100.0 4,662,732 92.0 1,634,505 84.6 406,359 8.0 297,918 15.4 232.175 4.6 226,311 11.7 174,184 3A 71,607 3.7 1,621 1.016 0.1 176,806 _�� 72,623 3.8 441,994 393,518 (120,668) (24.14D $$ 497,231 $$ 441,994 See independent accountants' compilation report. 4 Exhibit 'B' - Page 17 of 45 THOR CONSTRUCTION (A DIVISION OF CARROLL ELECTRIC, INC.) SCHEDULES OF COST OF CONTRACT REVENUE EARNED YEARS ENDED DECEMBER 31, 2016 AND 2016 2016 2015 Amount Percent Amount Percent Materials $ 334,235 6.6 $ 113,138 5.9 Labor 165,157 3.3 56,503 2.9 Subcontract 4,036,336 79.6 1,368,885 70.8 Other direct costs 127,004 2.6 95,979 5.0 $$ 4_ 92.0 $$ 1� 84.6 See independent accountants' compilation report. 5 Exhibit 'B' - Page 18 of 45 CARROLL ELECTRIC, INC. FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31, 2016 AND 2016 Exhibit'B' - Page 19 of 45 CARROLL ELECTRIC, INC. TABLE OF CONTENTS YEARS ENDED DECEMBER 31, 2016 AND 2016 Page INDEPENDENT ACCOUNTANTS' REVIEW REPORT 1-2 FINANCIAL STATEMENTS Balance Sheets 3 Statements of Operations and Retained Earnings 4 Statements of Comprehensive Income 5 Statements of Cash Flows 6 Notes to Financial Statements 7 -11 SUPPLEMENTARY INFORMATION Schedules of Cost of Contract Revenue Earned 12 Schedules of Operating Expenses 13 Schedules of Other Income (Expense) 14 Schedule of Revenue - Completed Contracts - 2016 15 Schedule of Revenue - Uncompleted Contracts - 2016 16 Divisional Balance Sheet - 2016 17 Divisional Statement of Operations - 2016 16 Exhibit 'B' - Page 20 of 45 BRADY WARE _.0 S C G'E R F E T INDEPENDENT ACCOUNTANTS' REVIEW REPORT Board of Directors Carroll Electric, Inc. Richmond, Indiana We have reviewed the accompanying financial statements of Carroll Electric, Inc. (a Corporation), which comprise the balance sheets as of December 31, 2016 and 2015, and the related statements of operations and retained earnings, comprehensive income and cash flows for the years then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of Carroll Electric, Inc. management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibility for this Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Accountant's Responsibility Our responsibility is to conduct the review engagements in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountant's Conclusion Based on our reviews, except for the matter discussed in the following paragraph, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. 3601 Rigby Road • Suite 400 a Dayton, Ohio • 45342-4981 I Woodside Drive • Richmond, Indiana • 47374-2630 4249 Easton Way • Suite 100 • Columbus, Ohio • 43219-6170 2340 Perimeter Park Drive * Suite 100 • Atlanta, Georgia • 30341-1318 10375 Old Alabama Road Connector a Suite 300 • Alpharetta, Georgia • 30022-1122 w MkWbi0'Ba4'A§*Qn ®t 40 m BRADY WARE AS CNO Eli 4fi5�� INDEPENDENT ACCOUNTANTS' REVIEW REPORT Known Departure From Accounting Principles Generally Accepted in the United States of America As disclosed in Note 1, the Corporation operates two divisions. The accompanying financial statements do not reflect the elimination of inter -divisional sales and costs of sales of $543,330 for the year ended December 31, 2016, and $73,232 for the year ended December 31, 2015. Elimination of these inter - divisional transactions is required by accounting principles generally accepted in the United States of America. Supplementary Information The supplementary information, as identified in the accompanying table of contents, is presented for purposes of additional analysis and is not a required part of the basic financial statements. The information is the representation of management. We have reviewed the information and, based on our reviews, we are not aware of any material modifications that should be made to the information in order for it to be in accordance with accounting principles generally accepted in the United States of America. We have not audited the information and, accordingly, do not express an opinion on such information. Richmond, Indiana February 20, 2017 Exhibit 'B' - Page 22 of 45 CARROLL ELECTRIC, INC. BALANCE SHEETS DECEMBER 31, 2016 AND 2015 2016 2015 ASSETS CURRENT ASSETS Cash and cash equivalents $ 466,006 $ 619,344 Accounts receivable 1,209,317 1,018,334 Investment in common stock 176,290 120,033 Costs and estimated earnings in excess of billings on uncompleted contracts 37.686 28.428 1,888,299 1,786,139 PROPERTY AND EQUIPMENT - NET 59,882 79,937 RELATED PARTY NOTE RECEIVABLE - 66,137 CERTIFICATES OF DEPOSIT 262,963 110,538 $ 2_211,161 $ 2_ ,042,761 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Accounts payable - trade $ 608,740 $ 534,316 Accrued expenses 24,833 62,982 Billings in excess of costs and estimated earnings on uncompleted contracts 97,372 56,287 730,945 653,685 STOCKHOLDER'S EQUITY Common stock, $61 stated value, 1,000 shares authorized, 500 shares issued and outstanding 26,664 25,564 Paid -in capital 116,000 115,000 Retained earnings 1,216,196 1,180,419 Accumulated other comprehensive income 124,440 68,183 IA80.199 _ 1,389,166 $$ 2,221_1,144 $$ 2,042751 See independent accountants' review report and notes to financial statements. 3 Exhibit 'B' - Page 23 of 45 CARROLL ELECTRIC, INC. STATEMENTS OF OPERATIONS AND RETAINED EARNINGS YEARS ENDED DECEMBER 31, 2016 AND 2015 CONTRACT REVENUE EARNED COST OF CONTRACT REVENUE EARNED GROSS PROFIT OPERATING EXPENSES INCOME FROM OPERATIONS OTHER INCOME (EXPENSE) NET INCOME RETAINED EARNINGS Beginning of year Distributions End of year 2016 2015 Amount Percent Amount Percent $ 6,616,401 100.0 $ 4,083,416 100.0 6,767,906 87.2 3,313,878 81.1 848,496 12.8 769,538 18.9 674,038 8.6 607,324 14.8 274,467 4.3 162,214 4.1 5,113 0.1 3.552 0.1 279,670 _ 4.4 165,766 4.2 1,180,419 1,262,803 (244,794) (248,150) $$ 1216,196 $ 1,180,419 See independent accountants' review report and notes to financial statements. 4 Exhibit 'B' - Page 24 of 45 CARROLL ELECTRIC, INC. STATEMENTS OF COMPREHENSIVE INCOME' YEARS ENDED DECEMBER 31, 2016 AND 2015 NET INCOME OTHER COMPREHENSIVE INCOME. Unrealized holding gain on marketable securities arising during the year COMPREHENSIVE INCOME 2016 2015 $ 279,570 $ 165,766 66,257 12.185 336,827 $$ 177.951 See independent accountants' review report and notes to financial statements. 5 Exhibit V - Page 25 of 45 CARROLL ELECTRIC, INC. STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 2016 AND 2015 OPERATING ACTIVITIES Net income Adjustments to reconcile net income to net cash and cash equivalents provided by operating activities: Depreciation Changes in operating assets and liabilities: Accounts receivable Costs and estimated earnings in excess of billings on uncompleted contracts Accounts payable - trade Accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Net Cash and Cash Equivalents Provided by Operating Activities INVESTING ACTIVITIES Purchase of certificates of deposit Purchases of property and equipment Payments received on related party note receivable Net Cash and Cash Equivalents Provided (Used) by Investing Activities FINANCING ACTIVITIES Principal payments on long-term notes payable Distributions Net Cash and Cash Equivalents Used by Financing Activities NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS Beginning of year End of year 2016 2015 $ 279,670 $ 165,766 21.678 301,248 (190,983) (9,268) 74,424 (38,149) 41.085 24.677 190,443 (276,030) 25,509 277.403 45,889 36.673 178,367 299,887 (162,425) (661) (1,623) - 66.137 110,000 (5,242) 1244,7941 (248,1501 (244,794) (253,3921 (154,338) 155,835 619,344 463,509 466.006 $ 619,344 See independent accountants' review report and notes to financial statements. 6 Exhibit B' - Page 26 of 45 CARROLL ELECTRIC, INC. NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Carroll Electric, Inc. (the "Corporation") is an Indiana corporation operating as an electrical contractor in the eastern Indiana region. The Corporation also performs general contracting services under the name of Thor Construction in the eastern Indiana region. All inter -divisional activity has been eliminated in the accompanying balance sheets at December 31, 2016 and 2015. The accompanying statements of operations and retained earnings do not reflect the elimination of inter -divisional sales and costs of sales for the years ended December 31, 2016 and 2015, as required by accounting principles generally accepted in the United States of America. With the exception of the elimination of inter -divisional sales and costs of sales, the accounting and reporting policies of the Corporation conform to accounting principles generally accepted in the United States of America and to general practices within the industry. The following is a description of major accounting and reporting policies of the Corporation: Financial Estimates - The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts -of revenues and expenses during the reporting period. Actual results could differ from those estimates. Cash Equivalents - Cash equivalents include amounts in certificates of deposit with a maturity of three months or less at the date of purchase. Concentrations - Financial instruments that potentially subject the Corporation to credit risk consist principally of trade account receivables. The Corporation derives most of its revenue from customers located in Indiana. Additionally, the Corporation's cash as of December 31, 2016 was on deposit with a financial institution in excess of FDIC insurance limits. The FDIC insurance for December 31, 2016 and 2015 was $250,000 for all accounts. Accounts Receivable - The Corporation provides credit to their customers based on management's assessment of their credit history and current relationship with them. The Corporation charges -off overaged account balances that are still outstanding after management has used reasonable collection efforts (the direct write-off method). Management deems an account to be uncollectible when all internal collection efforts have been exhausted. The difference between this method and the "allowance" method required by accounting principles generally accepted in the United States of America is not material. Fair Value Measurements - Generally accepted accounting principles (GAAP) has established a single definition of fair value, and a framework for measuring fair value that is intended to result in increased consistency and comparability in fair value measurements. Further, GAAP defines the disclosure requirements about fair value measurements, and whenever other authoritative literature requires (or permits) certain assets and liabilities to be measured at fair value, but does not expand the use of fair value. Items carried at fair value in the accompanying balance sheets are common stocks. The Corporation also uses fair value concepts to test various long lived assets for impairment, in the event a triggering event has occurred. Exhibit 'B' - Page 27 of 45 CARROLL ELECTRIC, INC. NOTES TO FINANCIAL, STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - continued Property and Equipment - Property and equipment are stated at cost and depreciated over their estimated useful lives using the straight-line method. Routine repairs and maintenance are charged to expense when incurred. The Corporation reviews for impairment of long-lived assets in accordance with accounting standards. These standards require companies to determine if changes in circumstances indicate that the carrying amount of its long-lived assets may not be recoverable. If a change in circumstances warrants such an evaluation, undiscounted future cash flows from the use and ultimate disposition of the asset, as well as respective market values, are estimated to determine if an impairment exists. Management believes that there has been no impairment of the carrying value of Its long-lived assets at December 31, 2016. Accounting for Uncertainty in Income Taxes - Accounting standards require the evaluation of tax positions taken, or expected to be taken, in the course of preparing the Corporation's tax returns, to determine whether the tax positions are "more -likely -than -not" of being sustained by the applicable tax authority. This statement provides that a tax benefit from an uncertain tax position may be recognized in the financial statements only when it is "more-likey-than-not" the position will be sustained upon examination, including resolution of any related appeals or litigation processes, based upon the technical merits and consideration of all available information. Once the recognition threshold is met, the portion of the tax benefit that is recorded represents the largest amount of tax benefit that is greater than 50 percent likely to be realized upon settlement with a taxing authority. No significant uncertain tax positions exist as of December 31, 2016. Income Taxes - The Corporation has elected to have its income taxed directly to its stockholder under the provisions of Subchapter S of the Internal Revenue Code, the effect of which is to eliminate federal and state income taxes at the corporate level. It Is the intention of management to distribute income to its stockholder in amounts at least sufficient to pay the increased personal taxes, which result from the election. Employee Benefit Retirement Plan - The Corporation has established a 401(k) retirement savings plan covering essentially all employees upon attainment of age eighteen. •Participants' contributions are tax deferred and may not exceed 15% of total compensation. Plan participants are immediately vested. The Corporation does not make any matching or discretionary contributions to the plan. Advertising Expense - Advertising costs are expensed as incurred. Advertising expense was $11,019 and $9,671 for the years 2016 and 2015. Construction Revenue and Contracts In Process - The Corporation utilizes the percentage of completion method of contract accounting. Progress billings are issued periodically during the course of a contract. Revenue is recognized equivalent to costs incurred at the date of billing, plus proportional estimated earnings based on projected gross margins; billings in excess of or less than that amount are reflected as liabilities or assets, respectively. The percentage of completion method is used because management considers costs incurred to be the best available measure of progress on these contracts. Changes in job performance, job conditions, and estimated profitability may result in revisions to costs and revenues in the next year. The entire amount of an estimated loss on a contract is provided for when it becomes known that a contract will result in a loss. Exhibit 'B' - Page 28 of 45 CARROLL ELECTRIC, INC. NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - continued Comprehensive Income - Comprehensive income is defined as the change in equity during a period from transactions and other events from non -owner sources. Comprehensive income is the total of net income and other comprehensive income which, for the Corporation, is comprised entirely of unrealized gains on investment securities (common stock) available for sale. Subsequent Events - In preparing these financial statements, the Corporation has evaluated events and transactions for potential recognition or disclosure through February 20, 2017, the date the financial statements were available to be issued. NOTE 2 - ACCOUNTS RECEIVABLE Receivable on completed contracts and billed charges on uncompleted contracts, excluding retainages Retainages Employee receivables Accounts receivable - related party NOTE 3 - FAIR VALUE MEASUREMENTS 2016 2015 $ 623,892 $ 710,395 353,878 225,233 400 - 231.147 82.706 1.2_ 09.317 1,018,3 Accounting standards define fair value, and establish a framework for measuring fair value, in accordance with generally accepted accounting principles, and expands disclosure about fair value measurement. This framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (level 1 measurements) and the lowest priority to unobservable inputs (level 3 measurements). Following is a description of the valuation methodologies used for assets measured at fair value. Common Stock. The value of common stock is based on quoted prices in active markets. The fair value of the Corporation's financial assets measured on a recurring basis at December 31, 2016 and 2015 is as follows: Assets Investments Common stock Quoted Prices in Active Markets for Identical Assets Fair Value (Level 1) $ 176,290 1 176,290 Significant Other Observable Inputs (Level 2) Inputs (Level 3) Exhibit 'B' - Page 29 of 45 CARROLL ELECTRIC, INC. NOTES TO FINANCIAL STATEMENTS NOTE 3 - FAIR VALUE MEASUREMENTS - continued 2015 Quoted Prices in Significant Active Markets for Significant Other Unobservable Identical Assets Observable Inputs Inputs Fair Value (Level 1) (Level 2) (Level 3) Assets Investments Common stocks $ 120.033 $ 120,033 $ NOTE 4 - PROPERTY AND EQUIPMENT Leasehold improvements Vehicles Office equipment Machinery and equipment Total cost Less accumulated depreciation NOTE 5 - LINE OF CREDIT 2016 2015 $ 58,270 $ 58,270 276,288 276,288 40,797 40,174 66,627 65.627 441,982 440,359 382.100 360,422 69,882 $$ 79.937 The Corporation has a $500,000 line of credit available with a bank. Interest is payable monthly at the prime rate (3.75% at December 31, 2016), plus .5%, but Is not to be less than 4.0% per annum. The Corporation had a $500,000 line of credit available with a bank. Interest was payable monthly at the prime rate (3.5% at December 31, 2015), plus 1%, but was not to be less than 4.25% per annum. The line of credit is secured by all business assets and a personal guarantee of the stockholder. The line of credit matures September 17, 2017. There were no outstanding borrowings on the line of credit at December 31, 2016 and 2015. There was no interest paid on the line of credit for the years 2016 and 2015. NOTE 6 - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS 2016 2015 Costs incurred on uncompleted contracts $ 2,460,736 $ 1,215,408 Estimated earnings 317,116 229,208 2,777,861 1,444,616 Less billings to date 2,837,637 1,472,475 $ (69,686) $ (27,859) 10 Exhibit 'B' - Page 30 of 45 CARROLL ELECTRIC, INC. NOTES TO FINANCIAL STATEMENTS NOTE 6 - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS - continued Included in the accompanying balance sheets under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts NOTE 7 - RELATED PARTY TRANSACTIONS 2016 2015 $ 37,686 $ 28,428 197,372) (56,2871 S (59,686) $ (27,859) The office building occupied by the Corporation is leased on a month -to -month basis, with varying monthly rental payments, from the Corporation's stockholder. The Corporation is responsible for all real estate taxes, property taxes, maintenance and insurance. Rent expense was $51,767 and $56,484 for the years 2016 and 2015. The Corporation has $231,147 of accounts receivable from three related entities at December 31, 2016. These receivables are included in accounts receivable on the balance sheet. The Corporation had $82,706 of accounts receivable from two related entities at December 31, 2015. These receivables are included in the accounts receivable on the balance sheet. The Corporation has a note receivable from a related entity 50% owned by the stockholder with balances of $0 and $66,137 at December 31, 2016 and 2015. The note receivable has no stated interest rate or repayment terms. NOTE 8 - SUPPLEMENTAL CASH FLOW INFORMATION 2016 2015 Cash paid during the year for: Interest $ $ 11 11 Exhibit B' - Page 31 of 45 CARROLL ELECTRIC, INC. SCHEDULES OF COST OF CONTRACT REVENUE EARNED YEARS ENDED DECEMBER 31, 2016 AND 2016 2016 2015 Amount Percent Amount Percent Materials $ 925,180 14.0 $ 1,173,646 28.7 Labor 493,184 7.6 468,657 11.5 Subcontract 4,169,869 63.0 1,471,313 36.0 Other direct costs 179,683 2.7 200,362 4.9 $ 6,767,906 87.2 $ 3,313,878 81.1 See independent accountants' review report. 12 Exhibit 'B' - Page 32 of 45 CARROLL ELECTRIC, INC. SCHEDULES OF OPERATING EXPENSES YEARS ENDED DECEMBER 31, 2016 AND 2015 2016 2015 Amount Percent Amount Percent Officer compensation $ 62,400 0.9 $ 98,600 2.4 Insurance 122,102 1.8 132,741 3.3 Bad debt expense Utilities and telephone 2,807 38,778 0.6 31,715 - 0.8 Property taxes 10,868 0.2 11,680 0.3 Professional fees 19,891 12,635 0.3 0.2 25,086 11,918 0.6 0.3 Office expense License and permits 30,620 0.6 17,016 0.4 Dues and publications 2,331 11,019 - 0.2 3,172 9,671 0.1 0.2 Advertising Vehicle expense 42,821 51,767 0.6 0.8 36,644 56,484 0.9 1.4 Rent Repairs and maintenance 14,726 0.2 16,980 0.4 Blueprints and plans 1,409 - 1,375 331 - Travel and entertainment 1,632 - Charitable contributions 8,140 21,678 0.1 0.3 16,270 24,677 0.4 0.6 Depreciation Office wages 113,063 1.7 110,954 2.7 Miscellaneous 5A71 0.1 2.010 674,038 8_6 $ 6073 �1.4.8 See independent accountants' review report. 13 Exhibit B' - Page 33 of 45 CARROLL ELECTRIC, INC. SCHEDULES OF OTHER INCOME (EXPENSE) YEARS ENDED DECEMBER 31, 2016 AND 2015 Interest expense Interest Income 2016 2015 Amount Percent Amount Percent $ - - $ (11) - 6,113 0.1 3.563 0.1 $ 5,113 --- 0.1 $ 3,552, 0. See Independent accountants' review report. 14 Exhibit 'B' - Page 34 of 45 CARROLL ELECTRIC, INC, SCHEDULE OF REVENUE - COMPLETED CONTRACTS YEAR ENDED DECEMBER 31, 2016 Revenue Contract Total Gross Recogntwd 2016 Job Number Amount Cost Profit In Prior Year Revenue SS-2 $ 11,594 $ 7,700 $ 3,894 $ 4,794 $ 6,800 IUE-4 80,520 46214 34,306 78,328 2,192 NCWF1 97,366 74,446 22,920 53,533 43,833 FF-1 43,218 31,565 11,653 35,605 7,613 MF-1 68,467 63,893 4,564 43,256 25,201 TSC-1 178,048 134,423 43,625 138.470 39,578 LH-1 31,665 14,720 16,945 - 31,885 HA-1 61,000 47,284 13,710 - 61,000 RC-1 104,129 57,765 46,364 104,129 OM_1 46,817 33,093 13,724 - 46,817 HH-1 37,000 19,043 17,957 - 37,000 CH-1 31,262 20,967 10,295 - 31,262 NCW 1 796,341 718,856 77,485 736,407 59,934 BRA 286,347 216,684 70,663 - 286,347 CC-2 1,569,658 1,429.223 140,435 88,182 1.481,476 LH-1 725,327 610,282 115.045 255.951 469,376 HA-2 753,221 720,980 32,241 - 753,221 .�� Time and material Jobs See Independent accountants' review report S 4.246,138 S 675,832 15 Exhibit 'B' - Page 35 of 45 CARROLL ELECTRIC, INC. SCHEDULE OF REVENUE - UNCOMPLETED CONTRACTS YEAR ENDED DECEMBER 31, 2016 Projected Total Total Contract Projected Gross Billed Costs 2016 Over. Under - Job Number Amount Cost Profit To -Date To -Date Revenue billing bllling RC-1 $ 143,820 $ 54,201 $ 89,819 $ 143,820 $ 43,214 $ 114,668 $ 29,154 $ - SS-1 77,117 60,929 18,188 71,373 55,148 69,800 1,573 - TM-1 316,630 241,021 75,609 268.050 205,124 269,472 - 1,422 CC-1 245,378 223,856 21,522 226,706 212,342 226,005 6,051 TC-1 23,000 18,365, 4,635 21,398 16,865 17,784 276 - WEA 483,300 350,000 133.300 171,887 146,358 202,099 - 30,212 WE-2 4,331,512 4,131,512 200.000 1,934,303 1,781,685 1,867,934 68,369 - RS-1 323.500 295,500 28.000 S 5,944,257 S5,375,384 S 508,873 S 2.837.537 E 2A60.736 $ 2.767.760 S 97,372 S 37.685 See Independent accountants' review report. 16 Exhibit 'B' - Page 36 of 45 CARROLL ELECTRIC, INC. DIVISIONAL BALANCE SHEET DECEMBER 31, 2016 Carroll Thor Electric Construction Division Division Eliminations Total ASSETS CURRENT ASSETS Cash and cash equivalents $ 206.324 0 258.682 $ - $ 465,006 Accounts receivable 663.523 $53,812 (198,018) 1,209,317 Investment In common stock 176,290 - 176,290 Costs and estimated earnings in excess of billings on uncompleted contracts 37,686 - 37,686 973,823 1,112,494 (196,018) 1,888,299 PROPERTY AND EQUIPMENT - NET 43.176 16,707 59,882 CERTIFICATES OF DEPOSIT 156,594 } 1.173.b92 106,389 } 1.235.670 3 (198,0181 262,963 S 2,211.144 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Accounts payable -trade 6 174,107 $ 032,671 $ (198,016) $ 608,740 Accrued expenses 24,833 - 24,833 Billings In excess of costs and estimated earnings on uncompleted contracts 31.002 230,022 68,370 $95,941 1198.018) 97,372 730,945 STOCKHOLDEFrS EQUITY Common stock, $61 slated value, 1.000 shares authOd d, 500 shares Issued and outstanding pw" capita Retelned earnings Accumulated other comprehensive income See independent accountants' review report. 25,554 - 26,664 76,600 39.400 - 115,000 717,966 497,229 - 1,215,196 124A40 124A40 943,570 538,629 IIA50,11sv S 1,173,592 S 1,235,570 } (198.0181 S 2,211,144 17 Exhibit 'B' - Page 37 of 45 CARROLL ELECTRIC, INC. DIVISIONAL STATEMENT OF OPERATIONS YEAR ENDED DECEMBER 31, 2016 Carroll Thor Electric Construction Division Division Total CONTRACT REVENUE EARNED $ 1,547.310 $ 5,069.091 $ 6,616,401 COST OF CONTRACT REVENUE EARNED 1,105,171 _ 4,662,735 5,767,906 GROSS PROFIT 442,139 406,356 848,495 OPERATING EXPENSES 341,867 232,171 674,038 INCOME FROM OPERATIONS 100,272 174,185 274,457 OTHER INCOME (EXPENSE) 3.492 1.621 5,113 NET INCOME $ 103,764 S 175.806 ! 279.670 As disclosed In Note A, the Corporation operates two divisions. The amounts presented herein do not reflect the elimination of Inter-divislonal sales and costs of sales of $543,330 for the year ended December 31, 2016. Elimination of these Inter -divisional transactions is required by accounting principles generally accepted in the United States of America. See Independent accountants' review report. 18 Exhibit 'B' - Page 38 of 45 11 ji co a) ,r is O z r♦ t\ M r z H .d A A u •rI a O LL vI U w w a Y O CIO a LL O I a H b O A u 4 44 U Exhibit 'B' - Page 39 of 45 CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 (Ios') State Form 52414 (R212-13)1 Forth 66 (Rev"d 2013) Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or print) Date (month, day, year): 4/10/2018 1. Govemmental Unit (Owner): City of Richmond, Indiana 2. County : Wayne 3. Bidder (Firm): Thor Construction Company Address: 1111 Northwest "T" Street City/State2lPcode: Richmond, IN 47374 4. Telephone Number: 765-962-6553 5. Agent of Bidder (Happlicab/e): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of Richmond Sanitary District (Governmental Unit) in accordance with plans and specifications prepared by Lochmueller Group and dated for the sum of See "Bid Proposal Fbrm" $ 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 eddendu rns 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 unlL If the bid Is to be awarded on a unit basis, the Itemization of the units shall be shown at 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 reaped 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 contrail. 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. 5-16-5-2). 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 40 of 45 ACCEPTANCE The above bid is accepted this day of following conditions: Contracting Authority Members: PART it (For projects of $150,000 or more — IC 36-1-12-4) , subject to the Governmental Unit: City of RIchmond , Indiana Bidder (Firm) Thor Construction Company Date (month, day, year): 4/10/2018 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 J. What public worn projects has your organization completed for the,perlod of one (1) year prior to the date of the current bid? Comp a ilon Contract Amount Class of Work Date Name and Address of Owner 363 233.00 Floorinp, 9 2 1 101.907.00 JPrime 18 lWayne Co. Commissioners 2. What public works projects are now in process of construction by your organization? Expected Contract Amount Class of Work Completion Name and Address of Owner Date 1,025,000.00 Prime 6 1 Exhibit 'B' -Page 41 of 45 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. No bonds are required 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. All necessary equipment is readily available Have you entered Into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. Yes SECTION 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 blddei's capability for completing the project if awarded. Exhibit 'B' - Page 42 of 45 3. Have you ever failed to complete any work awarded to you? No If so, where and why? 4. List references from private firms for which you have performed work. P&S Associates, LLC Earlham College Wernle Youth & Family Services West End Bank SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Ekamples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) Work scheduled per specifications 2. Please list the names and addresses of all subcontractors (i.e. persons or fnns 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. Subcontractor list to follow Exhibit 'B' - Page 43 of 45 SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered Into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to Include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person In reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or Indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at 1111 N.W. T St this loth day of April, 2018 Th, rresiaenu (This of Person Stning) ACKNOWLEDGEMENT STATE OF Indiana ) COUNTY OF Wayne ss Before me, a Notary Public, personally appeared the above -named Daniel D. Stamper and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 10th day of April 2018 (9WCWM"NExp.6MXM AMBER N. BEACH Notary ry Pubic b and for The &* of h2W My Commission Expires: May 13, 2023 County of Residence: Wayne Dunk A 16e" Notary PubAc :ric Inc. Exhibit 'B' - Page 44 of 45 SUBCONTRACTOR REQUEST FORM (Must be submitted with bid) The Bidder requests approval of the following Subcontractor(s), to be used in the capacity as outlined below, for this project. All Subcontractors that will be used on this project shall be listed. (Please make additional copies of this form if necessary.) Subcontractor Name: Bvrco, Inc Address: Liberty, Indiana Bid item numbers that will be done by this Subcontractor: Divisions-2; 25; 31; 32; 33. Percentage of total work provided by this Subcontractor: 70 Subcontractor Name: Carroll Electric Inc. Address: 1111 Northwest "T" Street Richmond Bid item numbers that will be done by this Subcontractor: Division 26 Percentage of total work provided by this Subcontractor: 20 Subcontractor Name: Address: Bid item numbers that will be done by this Subcontractor: Percentage of total work provided by this Subcontractor: Exhibit 'B' - Page 45 of 45