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
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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