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HomeMy Public PortalAbout153-2018 - Sanitary - WWTP - Sludge thickening improvement projectAGREEMENT THIS AGREEMENT is by and between The City of Richmond Indiana by and through the Richmond Sanitary District Board of Commissioners (hereinafter called Owner) and Ottenweller Contracting, LLC (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 —WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Installation of a new Rotary Drum Thickener, Polymer Mixing System, Thickened Sludge Pump, and other support equipment in the existing Thickening Building at the Wm. E. Ross Wastewater Treatment Plant ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Richmond Sanitary District Wm. E. Ross Wastewater Treatment Plant Sludge Thickening Improvements Richmond, Indiana ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Donohue & Associates, Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 238 calendar days after the date when the Contract Times commence to run as provided in Article 4 of the General Conditions, and completed and ready for final payment in accordance with Article 15 of the General Conditions within 273 calendar days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed and Milestones Contract No. 153-2018 S not achieved within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding that actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty). 1. Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000 for each day that expires after such time until the Work is completed and ready for final payment. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: One Million Three Hundred Sixty -Four Thousand and Zero Cents ($ 1,364,000.00 ) (words) (figures) ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. B. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Article 15 of the General Conditions: 1. 90% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments will be in an amount equal to 100% of the Work completed less the aggregate of previous retainage and payments previously made. At 50% completion, or any time thereafter, when the character and progress of the Work is not satisfactory, additional amounts may be retained, but in no event shall the total retainage be more than 10% of the value of the Work completed. C. Upon Substantial Completion, the amount of retainage may be reduced. Upon Substantial Completion, Owner may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed or corrected. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Article 15 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Article15. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due as provided in Article 15 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has considered and correlated the information known to the Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; an all additional or supplementary examinations, investigations, explorations, tests, studies, and data 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 Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor 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 Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 1 J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00521-1 to 00521-8, inclusive); 2. Performance Bond (pages 00610-1 to 00610-2, inclusive); 3. Payment Bond (pages 00615(A)-1 to 00615(A)-3, inclusive); 4. General Conditions, not attached hereto (pages 00700-1 to 00700-65, inclusive); 5. Supplementary Conditions, not attached hereto (pages 00800-1 to 00800-14, inclusive); 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings, not attached hereto, consisting of a cover sheet and sheets numbered 1 through 48, inclusive, with each sheet bearing the following general title: Wm. E. Ross Wastewater Treatment Plant Sludge Thickening Improvements; 8. Addenda, not attached hereto (numbers 1 to 2 , inclusive); 9. Exhibits to this Agreement (enumerated as follows): a. Exhibit A: Advertisement for Bids (pages 1-2, inclusive) b. Exhibit B: Contractor's Bid (pages 1 to 49, inclusive); c. Exhibit C: State Contract Provisions (pages 1 to 2, inclusive) 10. State Forms, not attached hereto; 11. Documents in the Appendix, not attached hereto; 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Change Orders; c. Work Change Directives; d. Field Orders; e. Engineer's written interpretations and clarifications. B. The documents listed in Paragraph 9.01.A. are attached to this Agreement (except as expressly noted otherwise above). 1 C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions and Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 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 or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; "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 execution of the Contract. (Continued On Next Page) IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor. This Agreement will be effective on JGl' 19 , 2018 (which is the Effective Date of the Agreement). OWNER: City of Richmond, Indiana, Sanitary Board of Commissioners By: Su iller, President t e t: va lb Denise Johnson 1'D)L cording Secretary Address for giving notices: 23 80 Liberty Ave. Richmond, IN 47374 (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) CONTRACTOR: Ottenweller Contracting, LLC By: Ryan O eller, President (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Dated: )6- 1 OnQd4l XM�L 6-(� s Address for giving notices: 3010 Independence Drive Fort Wayne, IN 46808 Ottenweller FORT WAYNE HOME OFFICE INDIANAPOLIS OFFICE 3010 Independence Drive 3555 Developers Road �+ Fort Wayne, IN 46808 Indianapolis, IN 46227 CONTRACTING Phone: (260) 484-9183 Phone: (317) 986-7603 Fax: (260) 484-9187 COMPANY AUTHORIZATION The undersigned members owning the entire interest in the partnership doing business as Ottenweller Contracting, LLC in the state of Indiana are jointly and severally authorized in said company, to represent Ottenweller Contracting, LLC. and to execute on behalf of the company, any and all negotiations and documents including, but not limited to Bid Documents, Contract Agreements and any other documentation necessary to obtain, complete and maintain construction project contracts. Witness Signature Angela Wedler Print Name *WitneOsSiggn"ature �ML_ Angela Wedler Print Name STATE OF Indiana COUNTY OF Allen Signature Ryan Ottenweller Print Name , — I , --i I k , -7 Print Name 10fri I I-] Date Before me, the undersigned a Notary Public in and for said County and State, personally appeared Ryan Ottenweller and Jessica Ottenweller by Ottenweller Contracting, LLC., its and acknowledged the execution of the foregoing Declaration. IN WITNESS WHEREOF, I have hereu% �d my name and affixed my Notarial Seal this 1� , 2017 ��A S wF� day of (�C k—) n.co . NpiARY P8 (IC My Commission Expires: _ ' Comm. # 660756 NoiARY sEA� = Angela S. Wedler , Notary Public January 21, 2023 M A resident of Allen County, Indiana OF ItA'D ��\\ CERTIFICATE OF APPOINTMENT Be it known by all persons that as Mayor of the City of Richmond, Indiana, by virtue of the authority vested in me by the Acts of the Indiana General Assembly and the Ordinances of the Common Council of the City of Richmond, I hereby appoint Gregory Stiens residing at 5137 Park Elwood Road, Richmond, Indiana as member of the Board of Sanitary Commissioners. The foregoing appointment is hereby certified this Twenty -Sixth day of February. 201¢ 7 1 1 e- aye Snow Mayor, of the C' of Richmond, Indiana ACCEPTANCE AND AFFIRMATION I hereby accept the foregoing appointment and affirm under the penalties for perjury that I will support the constitutions and laws of the United States of America and the State of Indiana and the Ordinances of the City of Richmond and that I will faithfully and impartially discharge my duty according to the best of my ability. r r I F Subscribed and affirmed before me this Twenty -Sixth day of February, 2016. t Mayor, of the C' o ond, Indiana CITY OF RICHMOND 50 NORTH FIFTH STREET - RICHMOND, IN 47374 PHONE (765) 983-7208 - FAX (765) 962-7212 Email — dsnowi@richmondindiana.eov OATH OF OFFICE STATE OF INDIANA ) SS: COUNTY OF WAYNE ) F&'rCOpr DAVESNOW Mayor I, Gregory. Stiens, do solemnly of mn that I will support the Constitution of the United States and the State of Indiana and the ordinance of the City of Richmond, Indiana, and that I will faithfully and conscientiously discharge my duties as a member of the Board of Sanitary Commissioners for the City of Richmond, Indiana, according to law and the best of my ability. AND SWORN to before this Twenty -Sixth day of February, 2016. ..i. DAxe Snow) Mayor of the Ci Wochmond, Indiana CERTIFICATE OF APPOINTMENT Be it known by all persons that as Mayor of the City of Richmond, Indiana, by virtue of the authority vested in me by the Acts of the Indiana General Assembly and the Ordinances of the Common Council of the City of Richmond, I hereby appoint Suzanne Miller residing at 1936 Neiwoehner Road, Richmond, Indiana as member of the Board of Sanitary Commissioners with the tern expiring December 31, 2019. The foregoing appointment is hereby certified this Twenty -Sixth day of February. 2016 Llave Mayor, of the C' of Richmond, Indiana ACCEPTANCE AND AFFIRMATION I hereby accept the foregoing appointment and affirm under the penalties for perjury that I will support the constitutions and laws of the United States of America and the State of Indiana and the Ordinances of the City of Richmond and that I will faithfully and impartially discharge my duty according to the best of my ability. A �-- -I- < uzanne er Board of -Sanitary Commissioners Subscribed and affirmed before me this Twenty -Sixth day of February, 2016. Da Mayor, of the City o Richmond, Indiana R 19 CITY OF RICHMOND 50 NORTH FIFTH STREET - RICHMOND, IN 47374 PHONE (765) 983-7208 - FAX (765) 962-7212 Email — dsnow0richmondindiane eov FILE COPY OATH OF OFFICE STATE OF INDIANA SS: COUNTY OF WAYNE DAVE SNOW Mayor I, Suzanne Miller. do solemnly affirm that I will support -the Constitution of the United States and the State of Indiana and the ordinance of the City of Richmond, Indiana, and that I will faithfully and conscientiously discharge my duties as a member of the Board of Sanitary Commissioners for the City of Richmond, Indiana, according to law and the best of my ability. uzanne rier Term expires December 31, 2019 SUBSCRIBED AND SWORN to before this Twenty -Sixth day of February, 2016. r Day�.Sla Mayor of the Ci of Richmond, Indiana copy CERTIFICATE OF APPOINTMENT Be it known by all persons that as Mayor of the City of Richmond, Indiana, by virtue of the authority vested in me by the Acts of the Indiana General Assembly and the Ordinances of the Common Council of the City of Richmond, I hereby appoint Aman Bakshi residing at 1437 Lakeview Co r_t, ichond, Indiana as member of the Board of Sanitary Commissioners with the term expiring December 31, 2019. The foregoing appointment is hereby certified this Twenty -Sixth day of February. 2016 l Mayor, of the of Me-Fild, Indiana ACCEPTANCE AND AFFIRMATION I hereby accept the foregoing appointment and affu'm under the penalties for perjury that I will support the constitutions and laws of the United States of America and the State of Indiana and the Ordinances of the City of Richmond and that I will faithfully and impartially discharge my duty according to the best of my ability. 1�2' - ' - - H Board of Sanitary Commissioners Subscribed and affirmed before me this Twenty -Sixth day of February, 2016. nave-wmw �� Mayor, of the City o Richmond, Indiana 4 DAVE SNOW 1 Mayor CITY OF RICHMOND 50 NORTH FIFTH STREET - RICHMOND, IN 47374 PHONE (765) 983-7209 - FAX (765) 962-7212 Email —d richmondindiana.eov OATH OF OFFICE STATE OF INDIANA ) SS: COUNTY OF WAYNE ) I, Aman BAAL do. solemnly affirm that I will support the Constitution of the United States and the State of Indiana and the ordinance of the City of Richmond, Indiana, and that I will faithfully and conscientiously discharge my duties as a member of the Board of Sanitary Commissioners for the City of Richmond, Indiana, according to law and the best of my ability. Bakshi Term expires December 31, 2019 SUBSCRIBED AND SWORN to before this Twenty -Sixth day of February, 2016. 7]� Mayor of the City of Richmond, Indiana BOARD OF SANITARY COMMISSIONERS OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA SLUDGE THICKENING IMPROVEMENTS PROJECT ADVERTISEMENT FOR BIDS Sealed Bids for the construction of the Sludge Thickening Improvements Project will be received by the Board of Sanitary Commissioners of the Richmond Sanitary District, at the administration office of the Richmond Sanitary District, 2380 Liberty Avenue, Richmond, Indiana 47374, until 10:00 a.m. local time on September 11th, 2018, at which time the Bids received will be publicly opened and read. The Project includes, but is not limited to: Installation of a new Rotary Drum Thickener, Polymer Mixing System, Thickened Sludge Pump, and other support equipment in the existing Thickening Building at the Wm. E. Ross Wastewater Treatment Plant. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis, with additive alternate bid items as indicated in the Bid Form. All bids shall be properly and completely executed on a Form No. 96 as prescribed by the State Board of Accounts of the State of Indiana. All bids submitted shall be accompanied by an acceptable Bidder's Bond, Certified Check or Cashier's check made payable to the Richmond Sanitary District in the amount of 5% of the total bid price. If the bidder is from out-of-state, the Bidder's Bond must be secured by a Surety who is admitted to do business in Indiana. The successful bidder will be required to submit a Performance Bond in the amount of 100% of the bid price and a 100% Labor and Materials Payment Bond, prior to commencing work. Checks of the unsuccessful bidders will be returned on award of the proposals. Bidding Documents may be examined in the administration building of the Richmond Sanitary District, on Mondays through Fridays between the hours of 7:30 a.m. to 4:30 p.m. Complete digital project bidding documents are available at www.guestcdn.com. You may download the digital plan documents for $40 by inputting Quest project #5840497 on the website's Project Search page. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. Paper sets of project documents will not be made available. No refunds will be issued for this project. Questions pertaining to this project may be directed to Donohue & Associates, Inc., attention Richard Claus, PE at (317) 500-4235 or email to rclaus@donohue-associates.com. All addenda, which may be issued for this Project, will be issued to each plan holder via the Quest website. A pre -bid conference will be held at 2:00 p.m. local time on August 14th, 2018 at the Richmond Sanitary District Administration Building, 2380 Liberty Avenue, Richmond, IN 47374. Attendance at the pre -bid conference is highly encouraged but is not mandatory. The Board of Sanitary Commissioners of the Richmond Sanitary District of the City of Richmond, Indiana, reserves the right to reject any bid, or all bids, or to accept any bid or bids, or to make such combination of bids as may seem desirable, and to waive any and all informalities in bidding. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid EXHIBIT'A' - Page 1 of 2 Contract 153-2018 received after the time and date specified shall not be considered. NO bid may be withdrawn after the scheduled closing time for receipt of bids for at least sixty (60) days. Bid security shall be furnished in accordance with the Instructions to Bidders. Bidders will be required to comply with all applicable Equal Employment Opportunity laws and regulations, including Section 504 of the Rehabilitation Act of 1983. BOARD OF SANITARY COMMISSIONERS Sue Miller Aman Bakshi Greg Stiens Publish Dates: August 15t, and August 8th, 2018 EXHIBIT'A' - Page 2 of 2 Contract 153-2018 CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 Stale Form 52414 (R2 / 2-13) / Form 96 (Revised 2013) Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or print) Date (month, day, year): September 11, 2018 1. Governmental Unit (Owner): City of Richmond, Indiana 2. County: Wayne 3. Bidder (Firm), Ottenweller Conracting, LLC. Address: 3010 Independence Drive City/StatelZlPcode: Fort Wayne, IN 46808 4. Telephone Number: 260-484-9183 5. Agent of Bidder (if applicable): Ryan Ottenweller Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of City of Richmond Indiana (Governmental Unit) in accordance with plans and specifications prepared by Donohue and dated :nAri e- )4Z for the sum of 950L µ,LL-t&P THR.GE NuN_n2En 6,xr9r6AR rM-'JZ'-b $ t,1(,4,w0.acD 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 ttemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, If any, shall not discriminate against or Intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. EXHIBIT 'B' - Page 1 of 49 Contract 153-2018 ACCEPTANCE The above bid is accepted this day of , subject to the following conditions: Contracting Authority Members: PART II (For projects of $150,000 or more — IC 36-1-12-4) Governmental Unit: The City of Richmond, Indiana Bidder (Firm) Ottenweller Contracting, LLC. Date (month, day, year): September 11, 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 (SEE ATTACHED) 1� What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Completion Contract Amount Class of Work Date Name and Address of Owner 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner EXHIBIT'B' - Page 2 of49 Contract 153-2018 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. Ottenwelller Comn Inc SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE (SEE ATTACHED) 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. EXHIBIT'B' - Page 3 of 49 Contract 153-2018 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. 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. SECTION III CONTRACTOR'S FINANCIAL STATEMENT (SEE ATTACHED) Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. EXHIBIT'B' - Page 4 of 49 Contract 153-2018 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 STATE OF Indiana ) )as COUNTY OF Allen ) this 11th day of September 2018 ACKNOWLEDGEMENT Before me, a Notary Public, personally appeared the above -named Ryan OttenweUer and swore that the statements contained in the foregoing document are true and correct. Subscribed and swom to before me this �� day of �J n iY1 b g,- v� I My Commission Expires:. L'ILA&rli 1�a0o"�3 County of Residence: Allen [Akd& Notary PubAc ����"70% A S. ,� //��i, NOTARY PUBS C Comm. 0 860756 "OrARY SEAL EXHIBIT'B' - Page 5 of 49 Contract 153-2018 I 00 O 0 m A 00 z O LL 0 0 M 0 w �I 4.41 0 a E-+ N LL m c 0 Q EXHIBIT'B' - Page 6 of 49 Contract 153-2018 BID FORM BIDDER Ottenweller Contracting LLC (name — typed or printed) PROJECT IDENTIFICATION: RICHMOND SANITARY DISTRICT WM. E. ROSS WASTEWATER TREATMENT PLANT SLUDGE THICKENING IMPROVEMENTS RICHMOND, INDIANA PROJECT NUMBER: 13247-A2 ARTICLE 1— BID RECIPIENT THIS BID IS SUBMITTED TO: Richmond Sanitary District 2380 Liberty Avenue Richmond, Indiana 47374 1.01 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 Official Notice to Bidders and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. Bidder has not added any conditions or qualifying statements to the Bid. The Bid will remain subject to acceptance for the bid withdrawal time stated in the Official Notice to Bidders, or for such longer period of time that Bidder may agree to in writing upon request of Owner. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds, evidence of insurance coverage, and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date #1 08/30/18 #2 09/04/18 BID FORM Donohue & Associates, Inc. 00411-2 EXHIBIT'B' - Page 7 of 49 Project No. 13247-A2 Contract 153-2018 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and test of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities), if any, that have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable Technical Data, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable Technical Data. E. Bidder has considered and correlated the information known to the Bidder; information commonly known to bidders doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; an all additional or supplementary examinations, investigations, explorations, tests, studies, and data 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, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Bidder's safety precautions and programs. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. 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. H. 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. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. J. 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 further represents that: Donohue & Associates, Inc. BID FORM Project No. 13247-A2 EXHIBIT'B' - Page 8 of 49 00411-3 Contract 153-2018 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 4.01.13: 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) to 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, purposes 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 execution of the Contract. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price: LUMP SUM BID PRICE artc miuuor+ 7dREE AujaAEu SU rY Fo-11 TNeusswD D�11ASS ANb ZE4 CENTS (words) (figures) All specific allowances identified in Section 01210 are included in the price set forth above and have been computed in accordance with Paragraph 13.02 of the General Conditions A. Base Bid (Type 1) Material and Equipment: 1. Bidder has included in the Bid price, the installed cost of material and equipment furnished by the circled Supplier as named in the Base Bid (Type 1) Material and Equipment Schedule, which is included at the end of this Bid Form. 2. The circled Supplier has been selected from Supplier A, B, or C as named in the Base Bid (Type 1) Material and Equipment Schedule in accordance with the Instructions to Bidders. 3. If a substitute is offered, Bidder has included the name of the Supplier and the amount to be deducted from the Bid price for the proposed substitute in the Base Bid (Type 1) Material and Equipment Schedule in accordance with the Instructions to Bidders. Bidder agrees that the procedures for submission and consideration by Engineer for determining the acceptability of substitutes will be as set forth in the General Conditions and the Supplementary Conditions. BID FORM Donohue & Associates, Inc. 00411-4 EXHIBIT'B' - Page 9 of 49 Project No. 13247-A2 Contract 153-2018 B. Base Bid (Type II) Material and Equipment: 1. Bidder has included in the Bid price, the installed cost of material and equipment furnished by Supplier A as named in the Base Bid (Type 11) Material and Equipment Schedule, which is included at the end of this Bid Form. 2. Bidder has included the Supplier's price and the installed cost of each item for Suppliers A, B, and C in the Base Bid (Type II) Material and Equipment Schedule in accordance with the Instructions to Bidders. 3. Upon request by the Owner, the Bidder agrees to submit to the Owner a Supplier's price quotation. C. Base Bid (Type III) Material and Equipment: 1. Bidder has included in the Bid price, the installed cost of material and equipment furnished by Supplier A as named in the Base Bid (Type III) Material and Equipment Schedule, which is included at the end of this Bid Form. 2. Bidder has included the Supplier's price and the installed cost of each item for Supplier A in the Base Bid (Type III) Material and Equipment Schedule in accordance with the Instructions to Bidders. 3. If substitute is offered, Bidder has included the name of the Supplier, the Supplier's price, and the installed cost for the proposed substitute in the Base Bid (Type III) Material and Equipment Schedule in accordance with the Instructions to Bidders. 4. Upon request by the Owner, the Bidder agrees to submit to the Owner a Supplier's price quotation. D. Supplemental Unit Prices 1. If the required quantities of the items included in the Lump Sum Bid Price and listed Wow are increased or decreased by Change Order, Bidder shall indicate the Unit Prices for adjusting quantities to apply to such increased or decreased quantities. Bidder has computed unit price as provided in paragraph 13.03 of the General Conditions. Asphalt Pavement as defined in Section 02740 $ _ rJ per square foot ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially completed 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. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. ARTICLE 7 — ATTTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: Donohue & Associates, Inc. BID FORM Project No. 13247-A2 EXHIBIT'B' - Page 10 of 49 00411-5 Contract 153-2018 A. Required Bid security in the form of ( d 3200d (Certified Check or Bid Bond) in the amount of (Dollars or Percent of Cump Sum Bid Price) B. List of proposed Subcontractors having a direct contract with the Contractor. The Subcontractor listing is included at the end of this Bid Form. C. Required Bidder qualifications statement with supporting data (Indiana Form 96). D. Affidavit of Nonresponsibility as found in Section 00300. E. Affidavit Regarding Nepotism as found in section 00300. F. Affidavit Concerning Employment of Unauthorized Aliens as found in Section 00300. G. Written Plan for Company Drug Testing Policy In accordance with requirements of IC 4-13- 18-6. H. Contractors Prequalification Certificate in accordance with IC 5-16-13-10 ARTICLE 8 — DEFINED TERMS 8.01 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. BID FORM Donohue & Associates, Inc. 00411-6 EXHIBIT'B' - Page 11 of 49 Project No. 13247-A2 Contract 153-2018 ARTICLE 9 — BID SUBMITTAL SUBMITTED ON September 11, , 20 18 State Contractor License No. (If applicable) If Bidder is: An Individual Name (typed or printed): By: (individual's signature) Doing business as: Business address: Phone No.: A Partnership Partnership By: W. INNO I LLC. evidence of authority to Name (typed or pnrAed): Ryan Ottenweller Business address: 3010 Independence Drive, Fort Wayne, IN 46808 (SEAL) (SEAL) Phone No.: 260-484-9183 FAX No.: 260-484-9187 A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature — attach evidence of authority to sign) Name (typed or printed): Title: (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business Address: Phone No: FAX No.: Date of Authorization to do business is Donohue & Associates, Inc. Project No. 13247-A2 EXHIBIT'B' - Page 12 of 49 Contract 153-2018 BID FORM 00411-7 A Joint Venture Name of Joint Venture: First Joint Venturer Name: (SEAL) By: (Signature of joint venture partner — attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Second Joint Venturer Name: (SEA-) By: (Signature of joint venture partner — attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) BID FORM Donohue & Associates, Inc. 00411-8 EXHIBIT'B' - Page 13 of 49 Project No. 13247-A2 Contract 153-2018 SUBCONTRACTOR LISTING (SEE ATTACHED) The following is a listing of proposed Subcontractors having a direct contract with the Contractor. 1. N () f 4- wee 11- r c. r�'� L c, 2. V\U'r-5A- JrcCV.,n' Cc\ �s Q(::-VaCJ!-S 3. is l_ 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Donohue & Associates, Inc. BID FORM Project No. 13247-A2 EXHIBIT'B' - Page 14 of 49 00411-9 Contract 153-2018 BASE BID (TYPE 1) MATERIAL AND EQUIPMENT SCHEDULE Specification Section Item Supplier Amount To Be Deducted From Bid Price 11319 Progressing Cavity Pump Seepex (C) Moyno Industrial Products $ (substitute) BASE BID (TYPE II) MATERIAL AND EQUIPMENT SCHEDULE Spec Item Supplier Supplier's Installed Cost Price Section (A) PolyBlend $ " ( DOC),° $ (B) Prominent $ $ Polymer Feed (C) Fluid Dynamics $ � 8 ' 000. $ 11354 Equipment (No Other Substitute Permitted) BASE BID (TYPE III) MATERIAL AND EQUIPMENT SCHEDULE Spec Item Supplier Supplier's Price Installed Cost Section Sludge Thickening (A) Parkson $ z ao, � r, $ (substitute) $ $ 11352 Equipment (A) Hurst Technical Services, Inc. $ � coo $ % Z 00 13400 Systems $ Integrator (substitute) $ BID FORM Donohue & Associates, Inc. 00411-10 EXHIBIT'B' - Page 15 of 49 Project No. 13247-A2 Contract 153-2018 06 FORT WAYNE HOME OFFICE INDIANAPOLIS OFFICE Ottenweller 3010 Independence Drive 3555 Developers Road #I Fort Wayne, IN 46808 Indianapolis, IN 46227 CONTRACTING Phone: (260) 484-9183 Phone: (317) 986-7603 Fax: (260) 484-9187 COMPANY AUTHORIZATION The undersigned members owning the entire interest in the partnership doing business as Ottenweller Contracting LLC in the state of Indiana are jointly and severally authorized in said company, to represent Ottenweller Contracting, LLC. and to execute on behalf of the company, any and all negotiations and documents including, but not limited to Bid Documents, Contract Agreements and any other documentation necessary to obtain, complete and maintain construction project contracts. mRs r or ---- % Signature Angela Wedler Print Name Angela Wedler Print Name STATE OF Indiana COUNTY OF Allen Signature Ryan Ottenweller Print Name i.-, I ,•-I I a-7 Print Name 1011-111. Date Before me, the undersigned a Notary Public in and for said County and State, personally appeared Ryan Ottenweller and Jemica Ottenweller by Ottenweller Contracting, LLC., its and acknowledged the execution of the foregoing Declaration. IN WITNESS WHEREOF, I have hereu 1;a�aub�3tem d my name and affixed my Notarial Seal this day of 0�� � .2017 �� A S' We"", M Commission Expires: %A01ARY PUB11C _ JJ Y p ?Comm. # 6607W 40TARY SEAS Public January 21, 2023 o�P_ Angela . Wedler Not ary �'Q A resident of Allen County, Indiana ID VN 0l 1 1�`B Page 16 of 49 Contract 153-2018 FORT WAYNE HOME OFFICE INDIANAPOLIS OFFICE O t t e nvcT a 11 e r 3010 Independence Drive 3555 Developers Road 0 Fort Wayne, IN 46808 Indianapolis, IN 46227 CONTRACTING Phone: (260) 484-9183 Phone: (317) 986-7603 Fax: (260) 484-9187 Clay Township Regional Waste District Ryan Hartman or Wes Markle 10701 North College Avenue, Suite A Indianapolis, Indiana 46280 317-844-9200 City of Fort Wayne Zach Schortgen - Program Manager 200 East Bevy Street, Suite 250 Fort Wayne, Indiana 46802 260-424-3040 Fort Wayne Parks & Recreation Marsha Ort 705 East State Boulevard Fort Wayne, Indiana 46805 260-427-64174 City of Indianapolis Jeremy Morris - Project Engineer 1200 Madison Avenue, Suite 200 Indianapolis, Indiana 46225 317-266-8000 Strand Associates Matthew Smith - Engineer 450 East 96th Street, Suite 500 Indianapolis, Indiana 46240 765-427-0297 City of Noblesville Ray Thompson 197 Washington Street Noblesville, IN 46060 317-776-6353 GRW Engineering Darren Wells 7112 Waldmere Drive Indianapolis, IN 46268 317-347-3650 References Citizens Energy Group Craig Cordi or Mike Latos 2020 North Meridian Street Indianapolis, Indiana 46202 317-327-8462 Craig 317-429-3978 Mike Haas & Associates Jim Maurer- Engineer 526 Franklin Square Michigan City, Indiana 46360 219-872-9489 City of Richmond Bill Thistlethwaite - Superintendent 2200 East national Road Richmond, Indiana 47374 765-983-7275 Purdue University Heather Hassenplug 401 South Grant Street West Lafayette, Indiana 47907 765-479-1370 Fleis & Vanderbrink David Harvey - Engineer 5331 South Bend Drive Fort Wayne, Indiana 46804 260-435-1414 DLZ of Indiana William Boyle - Engineer 825 South Barr Street Fort Wayne, IN 46802 260-420-3114 EXHIBIT'B' - Page 17 of 49 Contract 153-2018 Ottenweller Contracting, I.I.C. Current Contracts As Of. May 2018 Prolect Name Town of Cromwell WWTP Owner Town of Cromwell Contract Amount $1,829,116.93 % Complete 90.00% Estimated Completion Date June 2018 WPCP Plant Digester 3 & 4Improvements City of Fort Wayne $6,S80,480.39 60.00% April 2019 Headwaters Bank Stabilization City of Fort Wayne $647,000.00 75.00% March 2018 Cheeney Creek WWTP Improvements City of Fishers $1,134,000.00 70.00% August 2018 Covington Lakes Lift Station Improvements Aqua Indiana $169,023.00 5.00% October 2018 Blucher Poole Screening Equipment City of Bloomington $199,000.00 5.00% October 2018 Morton Street Lift Station Improvements City of Fort Wayne $6,511,000.00 10,00% March 2019 17th Street Lift Station & Force Main Replacement Columbus City Utilities $1,834,030.00 10.00% March 2019 EXHIBIT 'B' - Page 18 of 49 Contract 153-2018 Experience Statement: Project: Old Fort & Headwaters Park Bank Stabilization Project: Clark Elementary W WTP Customer: City of Fort Wayne, Indiana Customer. Clark Pleasant CSC Engineer. City of Fort Wayne Engineering Engineer. Stair Associates Contact Alec Johnson Contact: Karen Milan Phone: 260-427.6425 Phone: 317-228-19M Amount $647,000.00 Amount: $417,000.00 Date: Mey, 2018 Date: August, 2017 Describe: Restoring the riverbank on both sides of the river Describe: Demo and replace W WTP. Project Plant 3 Flocculation Improvement Phase 4 Project Bean Creek Interceptor Erosion Kftatlon Customer. City of Fort Wayne, Indiana Customer. Citizens Energy Group Engineer. City Utilities Engineering Engineer. Christopher B. Burke Engineering, U.C. Contact Andrew Schipper contact Brian McKenna Phone: 260-427-6234 Phone: 317-26641000 Amount $87,000.00 Amount $573,045.56 Date: August, 2017 Date: January, 2017 Describe: Replace shafts, paddles and bearings in the plant Describe: Stabilization of river bank at Gafield Park Project W PCP Effluent Aeration Improvement Project Project North Liberty W WTP & Tamarack LS Reno Customer. City of Fort Wayne, Indiana Customer. Town of North Liberty, IN Engineer. Arcadia - US Engineer. DLZ Contact Chris Revenscrolt Contact: Anthony Kenning Phone: 260-427-2694 Phone: 674-2364400 Amount $3,827.916.02 Amount: $2.737,189.37 Date: May, 2017 Date: November, 2010 Describe: Install helical anchors, gates, diffused aeration Describe: Lit Station Renovation Project Lift Station Rehabilitation Project, Package 2 Project Sludge Drying Beds & Generator Replacement Customer. Citizens Energy Group Customer. City of Wktchester Engineer. GRW Engineer HWC Engineering Contact: Mark Kaiser Contact: Dick Weigel Phone: 317-647-SSW Phone: 317-347-M Amount $2,613,776.89 Amount: $1,275,205.47 Date: April, 2017 Date: October, 2016 Describe: Replace sbk ti ft statipq Describe: install 4 drying beds and replace generator Project 2016 Lift Station Replacement Project Lift Station 527 replacement Customer. Cet tens Energy Group Customer. Citizens Energy Group Engineer. American Stnictu epoint, Inc. Engineer: GRW Contact Cindy Fort Contact: John Dufek Phone: 317-547-M Phone: 317-347-3660 Amount: $1,283.168.00 Amount $982.019.74 Date: March, 2018 Date: July, 2016 Describe: Rehdbilitate or replace three Iift stations. Describe: Replace sanitary LS and force main with new. Project CSO 033 Phase 1 6 2 Project Water Treatment Plant Improvements Customer. Citizens Energy Group Customer. Town of Huntertown, IN Engineer. Shrewsberry Engineer. DLZ Indiana Contact: Renee Goff Contact Bill Boyle Phone: 317-8414799 Phone: 260-420-3114 Amount: $1,133,237.69 Amount $3,000,066.41 Date: September, 2017 Date. August. 2015 Describe: Adding curb Inlets to overflow boxes - 3510c8110na Describe: New water treatment plant EXHIBIT'B' - Page 19 of 49 Contract 153-2018 SECTION II 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.) Ottenweller Contracting can begin work as soon as permitted. We will complete this job in a professional manner and on time. This will be accomplished by using an experienced team of workers and a dedicated Superintendent and Project Manager that comes with previous Water Treatment Plant and Underground Piping construction experience. Once the necessary material is available we will be available to commence work. 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. Brand Electric 6274 East 375 South Lafayette, IN 47905 - Electrical Precision Mechanical 5720 Industrial Rd. Fort Wayne IN 46825 - Mechanical/HVAC LA Electric 1730 West Till Rd. Fort Wayne IN 46818 - Electrical Brooks Construction Company 6525 Ardmore Ave, Fort Wayne - Asphalt and Concrete 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. Available upon request EXHIBIT'B' - Page 20 of49 Contract 153-2018 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. Excavation Equipment, Dewatering and Sheet Piling Equipment, Loading Equipment, Crane and Rigging Equipment and Concrete Construction Equipment. 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. Yes, we have received prices and offers on all goods and services in order to complete this job. EXHIBIT'B' - Page 21 of 49 Contract 153-2018 L.JtvE)C= PENAL SUM FORM OOLU\I(p15 COM'AIR(f BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Ottenweller Contracting, LLC 3010 Independence Drive Ft. Wayne, IN 46808 SURETY (Name, and Address of Principal Place of Business): Fidelity and Deposit Company of Maryland Baltimore, MD OWNER (Name and Address): Richmond Sanitary District 2380 Liberty Avenue, Richmond, IN 47374 BID Bid Due Date: 11 September 2018 Description Project Name— Include Location): Richmond Sanitary District, Wm. E. Ross Wastewater Treatment Plan, S udge Thickening Improvements Project, Richmond, Indiana BOND Bond Number: N/A Date: 31 August 2018 Penal sum Five Percent of the Total Bid $ 5% of Total Bid (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 Ottenweller Contracting, LLC (Seal) Bidder's N ffe.and rpo al By: Sig ur Print Name Title Attest: Attest: Signatur SURETY Fidelity and Deposit Company of Maryland (Seal) Surety's Name an1� CorporateSeal Sig ature (Attaeh Vowei(dTAttorney) ennifer L. Kasznia Print Name Attorney -in -Fact Title Attest: ca-r C L� Signature Title 04 (-Q- m (lo-ol v Title Carolyn Kolbe, Secretary Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC' C-430, Bid Bond (Penal Sum Form). Pubgshed 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 EXHIBIT'B' - Page 22 of 49 - — Contract 153-24.1.8.-- --- EJCDC_-_ E1wa-m x,?,r contxtir Plcus'-ws'.0-mm ri_ PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph S 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. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDC• C•430, Bid Bond (Penal sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 EXHIBIT 'B' - Page 23 of 49 Contract 153-2018 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Barbara E. PEARSON, Nicole L. BICKNELL, Mark E. WOBBE, Cheryl E. ALKIRE, Jennifer L. KASZNIA, William J. CERNEY, III, Theresa M. BURNS and Megan E. RIESENBERG, all of South Bend, Indiana, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND lip 816«A6 AID Secretary Vice President Michael McKibben Michael Bond State of Maryland County of Baltimore On this 19th day of June, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and MICHAEL MCIiIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that helshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA-F 044-4495 EXHIBIT 'B' - Page 24 of 49 Contract 153-2018 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. , CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: '"Chat the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have he nto subscribed my name and affixed the corporate seals of the said Companies, this 3L day of 20 ay��ror a�M4NyL ` ii S BEAL W N�NNI David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 EXHIBITS'- Page 25 of 49 Contract 153-2018 Financial Statements Ottenweller Contracting, LLC October 31, 2017 and 2016 EXHIBIT 'B' - Page 26 of 49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC Financial Statements with Supplementary Information October 31, 2017 and 2016 INDEX PAGE INDEPENDENT ACCOUNTANTS' REVIEW REPORT 1 FINANCIAL STATEMENTS Balance Sheets 2 Statements of Income 3 Statements of Members' Equity 4 Statements of Cash Flows S - 6 Notes to Financial Statements 7 -13 EXHIBIT 'B' - Page 27 of 49 Contract 153-2018 Baden Gage & Schroeder LLC Certified Public Accountants • Business Consultants !t'I t_! e! �M, Members of Ottenweller Contracting, LLC Fort Wayne, Indiana We have reviewed the accompanying financial statements of Ottenweller Contracting, LLC, which comprise the balance sheets as of October 31, 2017 and 2016, and the related statements of income and members' equity 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 maldng inquiries of company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America, this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Accountants' Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountants' Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. 46�fF""";/1A 4", BADEN, GAGE & SCHROEDER, LLC Fort Wayne, Indiana December 22, 2017 PERMISSION TO PUBLISH EXCERPTS FROM THIS REPORT OR REFERENCES THERETO, WITH MENTION OF OUR NAME, IS WITHHELD UNTIL THE FORM AND SUBn"gWg5I.1P ¢§I §OR REFERENCES ARE APPROVED BY US. Contract 153-2018 OTTENWELLER CONTRACTING, LLC Balance Sheets October 31, 2017 and 2016 2017 2016 ASSETS CURRENT ASSETS $ 521,348 $ 552,563 Cash Contract receivables 1,498,643 1,798,977 Accounts receivable - other 20 ' Costs and estimated earnings in excess of billings on uncompleted contracts 1 5, 067 Prepaid expenses 35.082 82 35, 13 25.813 Total Current Assets 2,158,887 2,382,420 PROPERTY AND EQUIPMENT 2,569,120 2,054,924 LESS: Accumulated depreciation 985,361 793,440 Net Property and Equipment 1,583,759 1,261,484 Deposits 9,727 21.443 TOTAL ASSETS $ 3,752,373 $ 3,665.347 LIABILITIES AND MEMBERS' EQUITY CURRENT LIABILITIES Current maturities of long-term debt $ 367,864 $ 350,590 Accounts payable: 714,351 641,670 Trade Retainage 49,971 70,237 Billings in excess of costs and estimated earnings on uncompleted contracts 239,294 478,416 Accrued expenses and withheld taxes 105,805 82,020 Total Current Liabilities 1,477,285 1,622,933 NONCURRENT LIABILITIES Long-term debt, less current maturities 728,542 807,681 Subordinated note payable - related party 100,000 Total Noncurrent Liabilities 728,542 907,681 Total Liabilities 2,205,827 2,530,614 MEMBERS' EQUITY 1,546,546 1,134,733 TOTAL LIABILITIES AND MEMBERS' EQUITY $ 3,752,373 $ 3,665.347 See Independent Accountants' Review Report and Notes to Financial Statements. EXHIBIT V - age 29 of 49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC Statements of Income Years Ended October 31, 2017 and 2016 REVENUESEARNED COST OF REVENUES Material Direct labor Subcontract Direct costs Indirect expenses Total Cost of Revenues GROSS PROFIT GENERAL AND ADMINISTRATIVE EXPENSES INCOME FROM OPERATIONS OTHER INCOME (EXPENSE) Interest income Interest expense Miscellaneous income Gain on disposal of property and equipment Total Other Income (Expense) NET INCOME See Independent Accountants' Review Report and Notes to Financial Statements. Percentaees 2017 2016 2017 2016 $ 8,512,874 $ 8,880,627 100.0 % 100.0 2,441,135 2,319,778 28.7 26.1 1,598,575 1,521,521 18.8 17.1 2,059,488 2,812,415 24.2 31.7 298,669 244,358 3.5 2.8 794,678 727,029 9.3 8.2 7,192,545 7,625,101 84.5 85.9 1,320,329 1,255,526 15.5 14.1 495,618 473,379 5.8 5.3 824,711 782,147 9.7 8.8 357 401 (46,667) (63,399) 764 1,231 13,926 26,234 (31,620) (35,533) 0.4 0.4 $ 793,091 $ 9.3 % 8.4 EXHIBIT 'B' -41age 30 of 49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC Statements of Members' Equity Years Ended October 31, 2017 and 2016 BALANCE, BEGINNING OF YEAR Net income Distributions to members BALANCE, END OF YEAR 2017 $ 1,134,733 793,091 (381,278) $ 15�46 546 See Independent Accountants' Review Report and Notes to Financial Statements. 2016 $ 741,603 746,614 (353.4841 $ 1.134.733 EXHIBIT V -fage 31 of 49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC Statements of Cash Flows Years Ended October 31, 2017 and 2016 2017 2016 CASH FLOWS FROM OPERATING ACTIVITIES Net income $ 793,091 $ 746,614 Adjustments to Reconcile Net Income to Net Cash Provided By Operating Activities: Depreciation 250,620 215,279 Gain on disposal of property and equipment (13,926) (26,234) (Increase) Decrease in Assets: Contract receivables 300,334 (142,582) Accounts receivable - other (20) 22 Costs and estimated earnings in excess of billings on uncompleted contracts (98,727) 387,639 Prepaid expenses (9,269) 2,274 Deposits 11,716 (21,443) Increase (Decrease) in Liabilities: Accounts payable: Trade 72,682 (421,778) Retainage (20,266) 2,350 Billings in excess of costs and estimated earnings on uncompleted contracts (239,122) 431,691 Accrued expenses and withheld taxes 23,785 15,230 Net Cash Provided By Operating Activities 1,070,898 1,189,062 CASH FLOWS FROM INVESTING ACTIVITIES Acquisition of property and equipment (506,287) (358,271) Proceeds from disposal of property and equipment 13,641 97,963 Net Cash Used In Investing Activities (492,646) (260,308) CASH FLOWS FROM FINANCING ACTIVITIES Distributions to members (381,278) (353,484) Proceeds from issuance of long-term debt 237,327 100,000 Repayments of long-term debt (365,516) (306,495) Repayment of subordinated note payable - related party (100,0001 Net Cash Used In Financing Activities f609,467i f559,9791 NET INCREASE (DECREASE) IN CASH (31,215) 368,775 CASH, BEGINNING OF YEAR 552,563 183,788 CASH, END OF YEAR $ 521,348 $ 552,563 (Continued) EXHIBIT'B' -age 32 of49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC , Statements of Cash Flows (Continued) Years Ended October 31, 2017 and 2016 2017 2016 SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION: Cash paid during the year for: Interest SCHEDULE OF NONCASH INVESTING TRANSACTIONS: Property and equipment financed by issuance of long-term debt Property and equipment acquired through like -kind exchange See Independent Accountants' Review Report and Notes to Financial Statements. $ 46,831 59,534 $ 66,323 $ 151,103 16,000 - EXHIBIT V - age 33 of 49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC Notes to Financial Statements October 31, 2017 and 2016 Note 1. Nature of Business and Significant Accounting Policies Ottenweller Contracting, LLC (The Company) is a general contractor located in Fort Wayne, Indiana. Most of the Company's revenue is derived from clients in central and northern Indiana. Use of Estimates: Management uses certain estimates and assumptions in preparing the financial statements in accordance with accounting principles generally accepted in the United States of America. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenses. Actual results could vary from the estimates that were used. Revenue and Cost Recognition: The Company recognizes revenue from construction contracts on the percentage -of -completion method, measured by the percentage of cost incurred to date to estimated total direct cost for each contract. That method is used because management considers total direct cost to be the best available measure of progress on the contracts. Because of inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term. Direct costs include all material, labor, subcontract costs and expenses directly related to contract performance. Indirect contract expenses are not allocated to contract costs and are charged to expense as incurred. General and administrative expenses are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability may result in revisions to costs and income, which are recognized in the period in which the revisions are determined. Changes in estimated job profitability resulting from job performance, job conditions, contract penalty provisions, claims, change orders, and settlements, are accounted for as changes in estimates in the current period. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts", represents revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts", represents billings in excess of revenues recognized. Contract Receivables: Contract receivables are recorded at their invoice amounts adjusted for any chargeoffs. Contract receivables are considered past due based on individual contract and invoice terms. The Company does not require any additional collateral over and above normal industry construction liens. Management of the Company has not provided an allowance for bad debts because the estimate of any loss is deemed immaterial to the financial statements. EXHIBIT 'B' - Page 34 of49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC Notes to Financial Statements (Continued) October 31, 2017 and 2016 Note 1. Nature of Business and Significant Accounting Policies (Continued) Property and Equipment: Property and equipment is stated at cost less accumulated depreciation. Depreciation is computed using the straight-line method for all assets over their estimated useful lives, based on the estimated useful lives of the related assets. Repairs and maintenance costs are charged against income, while renewals and betterments are capitalized by additions to the related asset accounts. The Company records retirements by removing the cost and accumulated depreciation from the asset and reserve accounts reflecting any resulting gain or loss in income. Income Taxes: Income taxes have not been provided for because the members have elected to be treated as a partnership for income tax purposes as provided for in the Internal Revenue Code. As such, the partnership's income and credits are passed to the members and combined with their other personal income and deductions on their individual income tax returns. Management has analyzed the Company's tax positions taken on income tax returns for all open tax years (generally October 31, 2014 and later years) and has concluded that no provision for income tax would be required in the Company's financial statements. Subsequent Events: Management of the Company has evaluated events and transactions for possible recognition or disclosure through December 22, 2017, the date the financial statements were available to be issued. Note 2. Restricted Cash For certain construction contracts, retainages are required by customers to be deposited into separate bank accounts in the name of the Company. These funds are not accessible to the Company until the construction project is completed and the customer initiates a formal release to the bank. At October 31, 2017 and 2016, the Company had escrow deposits of $35,742 and $134,873, respectively. Escrow deposits are included in cash on the balance sheets. Note 3. Contract Receivables Contract receivables consist of the following: 2017 Contracts completed, including retainage $ 593,587 Contracts in progress: Current accounts 816,820 Retainage 88,236 $ 1.498.643 2016 $ 92,384 1,670,835 35.758 $ 1,798,977 EXHIBIT 'B' -age 35 of49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC Notes to Financial Statements (Continued) October 31, 2017 and 2016 Note 4. Contracts in Progress Contracts in progress consist of the following: 2017 2016 Costs incurred on contracts in progress $ 4,621,403 $ 4,327,837 Estimated earnings 1,311,907 1,375,246 5,933,310 5,703,083 Less: Billed to date 6,068,810 6,176,432 $ (135,5001 $ f473.349) Reflected 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 S. Property and Equipment 2017 2016 $ 103,794 $ 5,067 (239.2941 (478,4161 $ (135,500) $ (473,3491 Property and equipment at October 31, 2017 and 2016 consists of the following: Useful Lives 2017 2016 Land and leasehold improvements 5 -10 years $ 132,402 $ 49,507 Transportation equipment 5 years 662,161 536,279 Construction equipment 7 -10 years 1,748,920 1,453,348 Office equipment 5 -10 years 25,637 15,790 2,569,120 2,054,924 Less: Accumulated depreciation 985,361 793,440 $ 1,583,759 $ 1,261,484 Depreciation expense was $250,620 and $215,279 for the years ended October 31, 2017 and 2016, respectively. EXHIBIT'B' -*age 36 of 49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC Notes to Financial Statements (Continued) October 31, 2017 and 2016 Note 6. Line of Credit The Company has a line of credit with iAB Financial Bank. The line of credit matures on April 30, 2018. The credit facility provides for a line of credit of $750,000 which bears interest at prime plus .25% (4.50% at October 31, 2017). This agreement is secured by the assets of the Company and is personally guaranteed by the members. There was no balance against the line of credit at October 31, 2017 and 2016. The line of credit contains a covenant which requires the Company to maintain minimum debt service coverage. At October 31, 2017, the Company was in compliance with the loan covenant. Note 7. Long -Term Debt Long-term debt at October 31, 2017 and 2016 consists of the following: 2017 2016 Note payable to iAB Financial Bank, payable in monthly payments of $1,546, including interest at 3.95%, maturing December 2019, secured by specific equipment, and all business assets. $ 38,454 $ 55,821 Note payable to Ford Credit, payable in monthly payments of $605, bearing no interest, maturing January 2022, secured by a vehicle. 30,875 - Note payable to Ford Credit, payable in monthly payments of $600, including interest at 7.34%, maturing May 2022, secured by a vehicle. 28,328 ' Installment note, payable in monthly payments of $590, including interest at 3.89%, maturing June 2020, secured by a vehicle. 17,904 24,155 Note payable to iAB Financial Bank, payable in monthly payments of $3,047 including interest at 3.95%, maturing May 2018, secured by specific vehicles and the personal guarantees of the members. 18,054 54,341 Installment note, payable in monthly payments of $3,452 bearing no interest, maturing June 2018, secured by equipment.27,612 69,031 Note payable to iAB Financial Bank, payable in monthly payments of $11,197 including interest at 4.50%, maturing August 2020, secured by all business assets and the personal guarantees of the members. 356,593 473,886 EXHIBIT'B' Vage 37 of49 Contract 153-2018 t k OTTENWELLER CONTRACTING, LLC Notes to Financial Statements (Continued) October 31, 2017 and 2016 Note 7. Long -Term Debt (Continued) Installment note, repaid during 2017 Note payable to iAB Financial Bank, payable in monthly payments of $6,130, including interest at 4.400i6, maturing March 2020, secured by all business assets and the personal guarantees of the members and two individuals related to the members. Note payable to iAB Financial Bank, payable in monthly payments of $1,872, including interest at 4.60%, maturing December 2020, secured by all business assets and the personal guarantees of the members. Note payable to iAB Financial Bank, payable in monthly payments of $1,194, including interest at 3.60%, maturing October 2019, secured by all business assets and the personal guarantees of the members. Note payable to Ford Credit, payable in monthly payments of $762, including interest at 5.89%, maturing February 2021, secured by a vehicle. Note payable to Ford Credit, payable in monthly payments of $937, including interest at 5.89%, maturing March 2021, secured by a vehicle. Note payable to Ford Credit, payable in monthly payments of $406, including interest at 2.90%, maturing July 2021, secured by a vehicle. Note payable to iAB Financial Bank payable in monthly payments of $4,453, including interest at 4.760h, maturing October 2022, secured by a piece of equipment and the personal guarantees of the members. Note payable to iAB Financial Bank, repaid during 2017 Less: Current maturities EXHIBIT'B' 1&ge 38 of49 Contract 153-2018 2017 2016 $ - $ 16,817 168,301 226,471 6S,969 84,758 27,550 40,600 27,532 34,794 34,654 43,548 17,253 21,546 237,327 - 12.503 1,096,406 1,158,271 367,864 350,590 $ 728,542 $ 807,681 OTTENWELLER CONTRACTING, LLC Notes to Financial Statements (Continued) October 31, 2017 and 2016 Note 7. Long -Term Debt (Continued) Maturities of long-term debt as of October 31, 2017, over the remainder of the terms and in the aggregate, are as follows: 2018 $ 367,864 2019 340,137 2020 250,839 2021 78,424 2022 59,142 $ 1,096,406 Certain iAB Financial Bank notes include a covenant related to debt service coverage. At October 31, 2017, the Company was in compliance with the loan covenant. Note 8. Subordinated Note Payable - Related Party The Company had an unsecured note payable to a company related through common ownership, which was repaid during 2017. The outstanding balance on the note payable at October 31, 2017 and 2016 was $0 and $100,000, respectively. Note 9. Leases The Company leases land and a building from a related party affiliated through common ownership. At October 31, 2017, the monthly lease payment was $2,500 a month and the agreement terminates in October 2018. The Company also leases office space from another related party affiliated through common ownership on a month to month basis. At October 31, 2017 the monthly lease payment was $750. The Company leases a facility from an unrelated company in Indianapolis for $3,000 per month. The Indianapolis lease expires April 30, 2018, and may be renewed for a period of five years. The Company leases office space from an additional unrelated company on a month to month basis, at a total of $1,000 a month. The rental expense for the years ended October 31, 2017 and 2016, was $99,000 and $85,250, respectively. Future minimum lease payments are as follows: 2018 $ 66,000 2019 45.500 $ 111.500 The Company also rents various pieces of construction equipment on a month -to -month basis which amounted to $298,669 and $244,358, for the years ended October 31, 2017 and 2016, respectively. EXHIBIT'B' gage 39 of49 Contract 153-2018 OTTENWELLER CONTRACTING, LLC Notes to Financial Statements (Continued) October 31, 2017 and 2016 Note 10. Davis -Bacon Act Retirement Plan The Company sponsors a Davis -Bacon Act retirement plan which covers all employees who meet the plan's eligibility requirements. The Company makes contributions to the plan at the prevailing fringe benefit rate for the participant's employment classification. The Company made contributions to the plan in the amount of $202,980 and $189,371 for the years ended October 31, 2017 and 2016, respectively. EXH I BIT 'B' 10age 40 of 49 Contract 153-2018 AFFIDAVIT REGARDING NONRESPONSIBILITY Pursuant to Indiana Code 5-22-16.5-11, CONTRACTORS who have dealings with the government of Iran, including a successor to, or an affiliate of, the CONTRACTOR are deemed to be "Non responsible " for purposes of: (1) submitting an offer in response to a solicitation; (2) submitting a bid, offer, or proposal relating to a public works project; or (3) otherwise entering into or renewing a contract to provide supplies or services; with the state or a political subdivision. Pursuant to 5-22-16.5-9, the Indiana Department of Administration shall develop and update a list of persons the Department determines to be engaged in investment activities in Iran. The undersigned, on behalf of CONTRACTOR, its successors or affiliates, being first duly sworn, deposes and states that the CONTRACTOR, its successors or affiliates are not currently on the list kept by the Indiana Department of Administration, and has not engaged in any activity which will cause the CONTRACTOR, its successors or affiliates to be added to said list. Often ler CQaUactingILLC. Name f Cbn or By: — (AutholizeJ Representative of Contractor) Dated: September 11, 2018 STATE OF Indiana ) )SS: COUNTY OF Allen ) Before me, the undersigned a Notary Public in and for said County and State, personally appeared Ottenweller Contracting by Ryan Ottenweller its President and acknowledged the execution of the foregoing Declaration. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my Notarial Seal this 11th day of My Commission Expire: January 21, 2023 (Printed Name) A resident of Allen Count)0A1 f�4iS �a,,,,� �G ..... NOTARY ' •� = Cofim PUSue ,YARY = N T 8807 — = m O 56 �s SEAL f 49 HContract y!� + 01,2� •2 , OF'i'ND; 153-2018 AFFADAVIT REGARDING NEPOTISM CONTRACTOR is aware of the provisions under Indiana Code 36-1-21 et seq. with respect to anti -nepotism in contractual relationships with governmental entities. CONTRACTOR certifies that none of the owners of the CONTRACTOR is a relative of any elected Officials of the Richmond Sanitary District, City of Richmond, Indiana. Ottenweller Contracting, LLC. Name of Contractor By: (Au or' d Representative of Contractor) Dated: September 11, 2018 EXHIBIT'B' - Page 42 of 49 Contract 153-2018 U.S. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term segregated facilities means any waiting rooms, work areas, rest rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or nation origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certification in his files. gill lit- ASign re Date Rvan Ottenweller, President Name and Title of Signer (Please type) Ottenweller Contracting LLC Firm Name NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. OEE-1(l U79) EXHIBIT'B' - Page 43 of 49 Contract 153-2018 AFFIDAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED ALIENS I am a duly authorized officer of Ottenweller Contracting, LLC. , (hereinafter called "Contractor") and I hereby certify that as of the date of this Affidavit, Contractor, does not employ any "unauthorized aliens" as that term is defined in 8 U.S.C. 1324a(h)(3). I AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE. Dated: Sentemher 11 , 20 1A Printed Name:. Ryan Ottenweller. President 8 U.S.C. 1324a(h)(3) Definition of unauthorized alien As used in this section, the term "unauthorized alien" means, with respect to the employment of an alien at a particular time, that the alien is not at that time either.• (A) an alien lawfully admitted for permanent residence, or (8) authorized to be so employed by this chapter or by the Attorney General. EXHIBIT'B' - Page 44 of 49 Contract 153-2018 FORT WAYNE HOME OFFICE INDIANAPOUS OFFICE Ottenweller 3010 Independence Drive 3555 Developers Road Fort Wayne, IN 46808 Indianapolis, IN 46227 CONTRACTING Phone: (260) 484-9183 Phone: (317) 986-7603 Fax: (260) 484-9187 "Equal Opportunity Employer" From: Ryan Ottenweller Ottenweller Contracting, LLC. Subject: Equal Employment Opportunity It is the policy and commitment of Ottenweller Contracting to offer equal employment opportunity for employees and job applicants. Ottenweller Contracting endorses and will follow our Equal Employment Opportunity Policy in implementing all employment practices, policies, and procedures. Ottenweller Contracting will recruit, hire, train, and promote persons in all job titles without regard to race, color, religion, national origin, sex, age, gender identity, sexual orientation or physical or mental disability, as defined by the Americans with Disabilities Act. This policy applies to all terms and conditions of employment including, but not limited to, hiring, promotion, transfer, compensation, termination and all other terms and conditions of employment. All employees are expected to comply with our Equal Employment Opportunity Policy. Any employees who feel they are victims of discrimination or harassment with regards to race, religion, national origin, sex, age, or physical or mental disability have a responsibility to report this fact to their supervisor and/or the Human Resource Department. Every complaint of harassment will be taken seriously, responded to promptly in an impartial manner, and investigated thoroughly by Human Resources. The privacy of individuals involved will be kept as confidential as possible. Any supervisor, agent, or employee who has been found to have engaged in harassment will be subject to appropriate corrective action, up to and including termination. Ottenweller Contracting will not retaliate against any employee for filing a discrimination complaint. Respectfully Ryan Ottenweller EXHIBIT 'B' - Page 45 of 49 Contract 153-2018 166 Ottenweller FORT WP YNE HOME OFFICE INDIANAPOLIS OFFICE 3010 Independence Drive 3555 Developers Road ' Fort Wayne, IN 46808 Indianapolis, IN 46227 C O N T R A C T I N G Phone: (260) 484-9183 Phone: (317) 986-7603 Fax: (260) 484-9187 From: Ryan Ottenweller Ottenweller Contracting, LLC. Subject: Drug and Alcohol Policy It is the position of Ottenweller Contracting that the use of drugs or intoxicants by employees is harmful to employees and to Ottenweller Contracting in terms of health, safety, and criminal liability. This policy is to ensure a drug -free work environment for the benefit of our employees and customers. Prohibitions Employees are prohibited to use, possess, manufacture, distribute, dispense or sell a controlled substance, illegal drugs or drug paraphernalia or be under the influence of an unauthorized controlled substance or illegal drug on Company premises or during Company business, in Company -supplied vehicles, or during working hours. In addition, employees are prohibited to use, possess, manufacture, distribute, dispense or sell unauthorized, unsealed or open alcohol or be under the influence of alcohol as defined as a blood alcohol content of .02 or equivalent on Company premises, in Company -supplied vehicles, or during working hours. Employees undergoing prescribed medical treatment with any drug while at work must inform the prescribing doctor of the type of work they perform. If the doctor indicates that such use may significantly impair their ability to perform their job safely and effectively, they must report this requirement, in writing, to Human Resources. Testing Testing for drugs or alcohol through a blood test, urinalysis or other druglalcohol screening are required: • When an applicant is offered a position with Ottenweller Contracting; • On an ongoing basis at least one (1) time each year; • When there is reasonable suspicion that an employee's work performance or on-the-job behavior may have been affected in any way by alcohol or drugs; • When an employee is involved in or contributes to a work -related accident involving a fatality or bodily injury or damage to property; • Two percent (2%) of Ottenweller Contracting employees will be randomly selected each month for testing; Applicants and employees subject to testing must sign, prior to testing, an approved form consenting to the release of the test results to the Human Resources Department. Any employee who refuses to sign the consent form or submit to testing will be subject to termination. EXHIBIT'B' - Page 46 of 49 Contract 153-2018 FORT WAYNE HOME OFFICE INDIANAPOUS OFFICE Ot t e nw a l l e r 3010 Independence Drive 3555 Developers Road Fort Wayne, IN 46808 Indianapolis, IN 46227 CONTRACTING Phone: (260) 484-9183 Phone: (317) 986-7603 Fax: (260) 484-9187 Applicants and employees will be allowed, prior to testing, to list all prescription and non-prescription drugs they have used in the last thirty days and to explain the circumstances surrounding the use of such drugs. Testing will include a drug panel including, but not limited to, the following: A) Amphetamines B) Cocaine C) Opiates (2000 ng/ml) D) PCP E) THC Positive test results will be grounds for immediate disciplinary action, up to and including termination. Violations of Policy Violation of this policy will result as follows: A) Employee will be subject to suspension or immediate termination. B) Employee will be ineligible for reinstatement until the employee tests negative on a five (5) drug panel test certified by a medical review officer. C) Employee will be subject to unscheduled sporadic testing for at least one (1) year after reinstatement. D) If employee fails more than one drug test, there will be no reinstatement until employee successfully completes a rehabilitation program recommended by a substance abuse professional. Progressive discipline will include: FIRST POSITIVE TEST will result in all of the following: • A minimum 30 day suspension and possible termination. • Employee will be directed to a program of treatment or rehabilitation. See HR for confidential information about drug treatment rehabilitation programs in our area. • Employee will be subject to unannounced drug testing for one (1) year, beginning the day the employee returns to work. SECOND POSITIVE TEST will result in all of the following: • A minimum 90 day suspension and possible termination. • Employee will be directed to a program of treatment or rehabilitation. See HR for confidential information about drug treatment rehabilitation programs in our area. • Employee will be subject to unannounced drug testing for one (1) year, beginning the day the employee returns to work. EXHIBIT 'B' - Page 47 of 49 Contract 153-2018 Ottenweller FORT Wp YNE HOME OFFICE INDIANAPOLIS OFFICE 3010 Independence Drive 3555 Developers Road ' Fort Wayne, IN 46808 Indianapolis, IN 46227 C 0 N T 8 A 0 T I N 0 Phone: (260) 484-9183 Phone: (317) 986-7603 Fax: (260) 484-9187 THIRD OR SUBSEQUENT POSITIVE TEST will result in all of the following: • A minimum one (1) year suspension and possible termination. • Employee will be directed to a program of treatment or rehabilitation. See HR for confidential information about drug treatment rehabilitation programs in our area. • Employee will be subject to unannounced drug testing for one (1) year, beginning the day the employee returns to work. Employees with alcohol or drug abuse problems should request the confidential assistance of Ottenweller Contracting Employee Assistance Program (EAP) or any other mental health provider. Employees are responsible for the cost of such services. NRe Ryan Ottenweller EXHIBIT'B' - Page 48 of 49 Contract 153-2018 CERTIFICATE OF QUALIFICATION to provide CONSTRUCTION SERVICES for PUBLIC WORKS PROJECTS to the STATE OF INDIANA This Certification Board, having duly considered application for qualification in terms of apparent experience and financial resources: and under the applicable Indiana Code 4-13.6-4 and adopted rules of this Board, hereby issues a Certificate of Qualification to provide construction services to the State of Indiana for Public Works Projects to: OTTENWELLER CONTRACTING LLC 3010 INDEPENDENCE DR FORT WAYNE IN 46808 Phone 260-484-9183 Fax 260-484-9187 Company Official RYAN OTTENWELLER for the tnvenry-seven month period stated herein, unless revoked by this Board for cause, and in the classifications of services stated below. This certificate supercedes any previous certificate. 1629.06 Sewage & Water Treatment Plant Construction CERTIFICATION DATE 6/8/2016 EXPIRATION DATE 91812018 THIS CERTIFICATE ISSUED BY THE STATE OF INDIANA. PUBLIC WORKS DIVISION CERTIFICATION BOARD, 402 WEST WASHINGTON STREET, ROOM W467, INDIANAPOLIS, INDIANA 46204, ALSO ACTS AS THE OFFICIAL NOTICE OF EXPIRATION. Tracy L. Cross, Executi ecretary Certification Board DAPW P02 Stale Form 3983R Rev 07106 EXHIBIT'B' - Page 49 of 49 Contract 153-2018 Indiana State -Required Provisions A. 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 eli ig_bility 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 newlyhired employees of the contractor t r ugh the Indiana E:)LeM pmgmm if the Indiana E-Verify pto-Vam 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 22-5-17-11 (a) (2). In the event Contractor violates IC 22-5-17 the Contractor shall be required to remedy the violation not later than thirty (3Q) days after the City notifies the Contractor of the violation If Contractor fails to remedy the violation within the thirty (30� day�eriod provided above the Citv 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 pp�opesty the City may allow this Agreement to remain in effect until the City procures a new Pursuant to Indiana Code (IC) 5-22-16 5 Contractor certifies that Contractor is not engaged in investment activities in Iran In the event City determines during the course of this Agreement that this certification is no longer valid City shall notify Contractor in writing`of said determination and shall give contractor ninety 190LdW 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 (20) days after the written notice is given to the Contractor. the City may proceed with goy remedies it may have pursuant to IC 5-22-16 S 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 Conractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above C. PROHIBITION AGAINST DISCRB41NATION 1 Pursuant to Indiana Code 22 9 1 10 Contractor, am+ sub -contractor. or W person acting on behalf of privtieges of employment or any matter directly or indirectly related to employment, •because of race, religon color, sex disability, national origin. or ancestry. 2 Pursuant to Indiana Code 5-16-6-1 the Contractor agrees: a That in the hiring of employees for the performance of work under this Aseement 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 Page 1 of 2 EXHIBIT'C' - Page 1 of 2 Contract 153-2018 any citizen of the -State of Indiana who is qualified and available to perform the work to which the employment relates: b. That Contractor, any sub -contractor, or any person action on behalf of Contimrtor 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 c That there may be deducted fi-om 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 d That this Agreement may be canceled or terminated by the QjW 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. 3 Violation of the terms or conditions of this Agreement relatuig to discrimination or intimidation shall be considered a material breach of this Agreement R- W THHOLDING. RETAINAGE, AND CLAIMS FOR PAYMENTS Contractor understands acknowledges a_adagrees that pursuant to Indiana Code 36-1 12 13 the City must provide for the payment of subcontractors laborers material suppliers and those performing services under a'public works contractor and further agrees that in the event Contractor fails to timelypav any -subcontractor laborer or material supplier for thc performance of services or delivery of materials under this Agreemcnt that the Board of Sanitary Commissioners for the City shall withhold payments in an amount sufficient to pay the subcontractors laborers material suppliers or those providing services Contractor further understands acknowledges and agrees that the Board shall proceed with the groper administrative procedures initiated as thc result of any claims timely filed by any subcoMmotor, laborer or material supplier under Indiana Code 36-1-12-12 Page 2 of 2 EXHIBIT 'C' - Page 2 of 2 Contract 153-2018