HomeMy Public PortalAbout175-2019 - Kokosing Industrial - Miscellaneous RepairsAGREEMENT
Contract No. 175-2019
AGREEMENT
THIS AGREEMENT is by and between City of Richmond, Indiana, a municipal corporation acting by and
through its Board of Sanity Commissioners (hereinafter called Owner) and Kokosing
Industrial, Inc. (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:
1. New primary pumps and VFDs.
2. New aeration flow splitter structure.
3. Aeration tank modifications including diffusers, mixers, dissolved oxygen control,
miscellaneous piping and valves, and other miscellaneous improvements.
4. New aeration blowers.
5. Final clarifier improvements to all four final clarifiers including replacement of effluent
weirs, scum baffles, and sludge collection mechanisms and construction of new effluent
launders.
6. RAS and WAS flow control improvements.
7. Miscellaneous PLC replacements.
8. Miscellaneous sitework, piping, structural, plumbing, heating, ventilation, air conditioning,
electrical, and instrumentation and control.
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
PHASE 1 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 578 days (19 months) 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 639 days (21 months) after the date when the Contract Times commence to
run.
Donohue & Associates, Inc. AGREEMENT
Project No. 13451 00521-1
Contract No.175-2019
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
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 $2,000 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.
3. 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 equal to the sum of the established unit price for each separately
identified item of Unit Price Work times the estimated quantity of that item as indicated the
following schedule for Unit Price Work:
UNIT PRICE SCHEDULE
No.
Section
Item
Qty
Unit
Bid Unit Price
Bid Price
'1
All
All Work Except For
Sections
Items No. 2 through
1
LS
$1 3,057,000 per LS
$ 13,057,000
No. 4
2
01270
Final Clarifier
Concrete Topping
4
EA
$40,000 per EA
$ 160,000
Removal and
Replacement
3
01270
Rehabilitation of
Cast -In -Place
11200
SF
$140 per SF
$ 168,000
Concrete Repair
AGREEMENT Donohue & Associates, Inc.
00521-2 Project No. 13451
Contract No. 175-2019
UNIT PRICE SCHEDULE
No.
Section
Item
Qty
Unit
Bid Unit Price
Bid Price
4
01270 and
Structure 250
all
Primary Pump
Sections
Building
and parts
of
Sections
All work on the
applicable
250-series
1
LS
$490,000 per LS
$ 490,000
to the
Drawings for the
Structure
Structure 250
250
Primary Pump
Primary
Building
Pump
Building
TOTAL OF ALL BID PRICES (Sum of Bid Price for Each Item)
$13,875,000
(figures)
Thri_teen_ Million, E_ fight-hu_ndrend seventy-five Thousand
Dollars
(words)
Qty = Estimated Quantity
Estimated Price (for each Item) = Qty x Unit Price (for each item)
LS = Lump Sum
SF = Square Foot
EA = Each
As provided in Article 13 of the General Conditions, estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by Engineer as provided in
Article 10 of the General Conditions. Unit prices have been computed as provided in Article 13 of
the General Conditions.
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.
Donohue & Associates, Inc. AGREEMENT
Project No. 13451 00521-3
Contract No.175-2019
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% ❑f 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 carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the Supplementary
Conditions, especially with respect to Technical Data in such reports and drawings, and (2)
reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent
to the Site that have been identified in the Supplementary Conditions, especially with respect
to Technical Data in such reports and drawings.
AGREEMENT Donohue & Associates, Inc.
00521--4 Project No. 13451
Contract No. 175-2019
E. 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; and 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.
1. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
J. Contractor has reviewed and understands the Use of American Iron and Steel requirements
of the Clean Water State Revolving Fund. Contractor's bid reflects their best, good faith effort
to identify domestic sources of iron and steel, where such American -made products were
available to meet the contract times. All iron and steel products contained in the Contractor's
bid will be produced in the United States in a manner that complies with the Use of American
Iron and Steel requirements, unless a waiver is approved. Contractor will provide further
verification, certification or assurance of compliance, or information necessary to support a
waiver of the Use of American Iron and Steel requirements. Contractor understands that any
failure to comply with the Use of American Iron and Steel requirement shall permit the Owner
or the State to recover as damages against the Contractor any loss, expense, or cost
(including without limitation to engineering or attorney's fees) incurred by the Owner or the
State resulting from any such failure. While the Contractor has no direct contractual privity
with the State, as a lender to Owner for the funding of this project, the Owner and Contractor
agree that the State is a third -party beneficiary and neither this paragraph, nor any other
provision of this Agreement necessary to give this paragraph force or effect, shall be
amended or waived without the prior written consent of the State.
ARTICLE 9 — CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-9, inclusive),
2. Performance Bond (pages 00610-1 to 00610-2, inclusive);
3. Payment Bond (pages 00615(A)-'l to 00615(A)-3, inclusive);
4. General Conditions (pages 00700-1 to 00700-65, inclusive, not attached hereto);
Donohue & Associates, Inc. AGREEMENT
Project No. 13451 00521-5
Contract No.175--2019
5. Supplementary Conditions (pages 00800-1 to 00800-15, inclusive, not attached
hereto);
6. Specifications, not attached hereto, as listed in the table of contents of the Project
Manual;
7. Drawings, not attached hereto, consisting of a cover sheet and sheets numbered
I through 197, inclusive, with each sheet bearing the following general title: Wm. E.
Ross Wastewater Treatment Plant Phase 1 Improvements;
8. Addenda (numbers 'I to 4, inclusive, not attached hereto);
9. Exhibits to this Agreement (enumerated as follows and not attached hereto), except
for Exhibit "E", the "Other Provisions" of Owner, which "Other Provisions" is attached
hereto to this Agreement and incorporated herein by reference as Exhibit "E".
a. Exhibit A: "Base Bid (Type I) Material and Equipment Schedule" from
Contractor's Bid (page 00411--11);
b. Exhibit B: "Base Bid (Type 11) Material and Equipment Schedule" from
Contractor's Bid (pages 00411-12);
c. Exhibit C: "Base Bid (Type 111) Material and Equipment Schedule" from
Contractor's Bid (pages 00411-12);
d. List of proposed Subcontractors having a direct contract with the Contractor from
the Subcontractor Listing included with the Contractor's Bid (page 00410-10).
e. Exhibit E: "Other Provisions"
10. Wage Rates, not attached hereto;
11. Federal, State, and Local Forms, not attached hereto;
12. Documents in the Appendix, not attached hereto;
13. 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).
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.
AGREEMENT Donohue & Associates, Inc.
00521-6 Project No. 13451
Contract No. 175-2019
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,
'I. "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;
3. "collusive practice" means a scheme or arrangement between two or more Bidders, with
or without the knowledge of Owner, a purpose of which is to establish Bid prices at
artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
Donohue & Associates, Inc. AGREEMENT
Project No. 13451 00521--7
Contract No.175-2019
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 &OVEWDE:P _,5'i b (which is the Effective Date of the Agreement).
OWNER:
City of Richmond, Indiana, Sanitary Board of
Commissioners
Dat�.�d: III 1 Z I 'Lo 1 9
A
Denise Johnson, �c rding Secretary
Approve .
�a ' .Snow,
Dated: (I � 1 12 01 9
Address for giving notices:
Richmond Sanitary District
2380 Liberty Avenue
Richmond, IN 47374
CONTRACTOR:
Kokosing Industrial Inc.
By:
Chad R. Lampe, Vice -President
Dated:
Attest:
1010
Address for giving notices:
Kokosing Industrial, Inc.
6235 Westerville Road, Suite 200
Westerville, OH 43081
If Owner is a public body, attach evidence of License No.
authority to sign and resolution or other
documents authorizing execution of Owner -
Contractor Agreement
Approved as to form and execution this
day of -Z,, , 20,E
(attorney for Owner)
,x--j414ra ip,
AGREEMENT
00521-8
Contract No. 175-2019
(where applicable)
Agent for service of process:
(If Contractor is a corporation or a partnership,
attach evidence of authority to sign.)
Donohue & Associates, Inc.
Project No. 13451
Designated Representative:
Name: 13 R `7 Al*J E Rd I /V
Title: P i ZE CTOZ
Address: 23 $D L18E1'�Ty pdE
(ticFFrnonrD, ZO q737q
Designated Representative:
Name: C-nl Cfd L e hn�7
Title:
Address: 3i5" AbLk7V-nerO.J:r(-)-K)&)Vt
6- T �& f- n b)'fJd) -�� -q & 14 6
Phone:-? 6S-` 9 g3 - 7 9LJ-2— Phone: _ 3I%" gq%' &31a
Email: bervin Pv,IAmondind;.najov
Donohue & Associates, Inc.
Project No. 13451
Email: f. j `-2-
S
AGREEMENT
0052 1 --9
Contract No.'175-2019
AUTHORITY TO SIGN
September 24,9
The Board of Sanitary Commissioners of the Sanitary District of Richmond, Indiana, met in regular
session in the Board Room of the Richmond Sanitary District Building, 23 80 Liberty Avenue,
Richmond, Indiana, on Tuesday, September 24, 2019 at I0:00 A.M.
Those present were Sue Miller- President, Aman Bakshi-- Vice President, Cn•eg Stiens- Board
Member, Elijah Welch- District Engineer, Bryan Ervin-- Sanitary Director, Jessica Foster- Assistant
Recording Clerk, Todd Hobson- WWTP Operator, Leighanne Hahn-- Pretreatment Operator, WCTV
and G101.3.
The first order of business was to approve board minutes f -om the September 13, 2019 meeting. Mr.
Bakshi made a motion to approve the minutes from the September 13, 2019 meetings. Ms. Stiens
seconded. The motion passed 3--0.
The next order of business was to approve the invoices. The invoices were in the total amount of
$181,652.09, covering September 6 & 13, 2019. Mr. Stiens made a motion to approve the invoices.
Mz-. Bakshi seconded. The motion passed 3-0.
The next order of business was recommendation to award WWTP Improvements Project Phase I
Bid. Mr. welch recommended to award a contract to Kokosing Industrial, Inc. of Westerville, Ohio,
for the total not -to --exceed cost of $13,875,000.00. Kokosing Industrial, Inc. was the lowest
responsive and responsible bidder. Mr. welch stated this ' cost includes the entire base bid, items ## 1 -
4. Mr. Bakshi made a motion to award the WWTP Phase I Bid. to Kokosing Industrial, Inc. of
Westerville, Ohio, for an amount not -to -exceed $13, 875,000.00 which includes the entire base bid,
items ## 1-4, and is subj ect to approval and financing by Indiana Finance Authority and - SRF loan
program. Mr. Stiens seconded the motion. The motion passed 3-0.
The next order of business 'as the Project Status Update. NIA•. Welch gave an update to the Board
on the Sanitary District's current projects,
With no further business. Mr. Stiens made a motion to adjourn the meeting. Mr. Bakshi seconded
the motion. The motion passed 3 --0. The meeting was adjourned at 10:22 A.M.
Jessica Foster, Assistant Recording Clerk
Sue Miller, President
CERTIFICATE OF "POINT ENT
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-Qrditlances of the Common Council of
the Uity _ of Richmond, I hereby appoint UreLroly Mens residing at 5I37 Park Elwood Road
Richmond, Indiana as member ofthe Board of Sanitary Commissioners.
The foregoing appointment is hereby_ certified ihis
Twen -Sixth day of February. 2016
ell aye now
Mayor, of the 0 of Richmond, Indiana -
. C CEP TANCE .AND AFFERMATION -
I hereby accept the foregoing appointment and affirm under the penalties for perjury that f will support
the-constittitions and �Iaws of the United Statss of 'ca d ' ' � i _
. . - �►rner� an the State of Indiana and the �rdxnances of . .
the City of -Richmond and that l will faithfully and impartially .discharge my duty according to the best of
MY ability.
re o n
and of Nan Commissioners
Subscribed -and affirmed -before me' this Twgnty :Sixth
day of February, 2o16. .
Mayor, of the C' 6 : c Ond; udiana
DAVE SNOW
Mayor
CITY OF RICHMOND .
50 NORTH FIFTH STREET - RICHMOND, IN 47374
PHONE (765) 983-7208 - FAX (765) 962-7212
Email' dsnaw richmond_ indian .�o_v =
ON-1P.11 OF OFFICE
STATE OF INDIANA
SS:
COUNTY WAYNE Y.
I, Greary.Stiens do solembly affirm -that I will support the Constitution .of the' Unzted State
gyp_ _ s
and - the State of-Indiand-_ and the drdinance -of the City. of Richmond, Indiana, and that I will .
faithfully ".and- conscientiously discharge my duties as a. znembex• .of fhe Board of Sanita
CO)h1hissia�iers 'fox the 'City of l iclunond, Indiana, according to law and the best of m :abi i .
y ty.
• rego . 0 .
SUBSCRIBED AND SWORN to before this -Twenty -Sixth day of February, 20I66,
Mayor of the Ci o chmand; Indiana
• CERTIFICATE OF APPOINTMENT
Be it :known by all persons thaf as Mayor of the City of kichmornd, Indiana, by virtue of the authority
vested in me by the Acts of the Indiana General Assembly and the Ordinances of the Comm Council of
the City of Richmond, I hereby -appoint Suzanne Miller residing at 1936 Neiwoehner Raa I Richmond,
Indiana- as member of thy; Board of Sanitary Commissioners with the term expiring Deeerm' r 31
-2019.
all
- The foregoing appointment is hereby certified this
• ;Twe_nt 5�day of Februarys 2016
40
i. Rave Su
:i Mayor, of the-C' of R.ichmand, Indiana
'ACCEPTANCE AND .AFC' TION
I hereby accept the foregoing appointment and affirm wider the penalties fair 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.
Suzanne ' ler
Board of Sanitary Commissioners
Subscribed and off irnied before. m 6 this Twenty: -Sixth
day of February, 2016. .
Mayor, of the City o Richmond, Indiana
CITY OF RICHMOND
50 NORTH FIFTH .STREET'- RICHMQND, IN 47374
PHONE (765) 983-748 - FAX (76 5) - 962-7212
Email--d nowcr 'chmondindian . ov
OATH OF OFFICE
STATE OF INDIANA
SS:
COUNTY OF WAYNE
I, Sutatne Milier� do solemnly affirm that I will support -the Constit► Lion of the United States
and.. the State of Indiana and the ordinance of the City of Richmond, Indiana, and that I- WIR
faithfully and conscientiously discharge my duties as a :member of the .Board of Sanitary
Commissioners for the City of Richrnond, Indiana, according to law and the best of My. abiiity.
uzame :tier
Terms exptres December 31, 2019
SUBSCRIBED AND SWORN to before this Twenty -Sixth -day of February, 2016.
• J
Lime
Mayor of the Ci of Richmond, Indiana
DAVE SNOW
Mayes ,..
C�pUhl
COPYCERTIFICATE OF APPOINTMENT
Be ft 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 Cflurt, Richmond,
Indiana as member of the Board of Sanitary Commissioners 'With the term expiring December
... .. .�.
,2019.
The foregoing appointment is hereby certified this
Twenty -Sixth day of February, 20166
r
w
Mayor, of the of c mnnd, Indiana
ACCEPTANCE AND AFFIRMATION =
I hereby accept the foregoing appointment and affirm under the penalties for perjury that I Will support
the constitutions andlaws 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 tothe best of
my ability.
Board of Sanitary Commissioners
Subscribed and affirmed before- me this Twenty -Sixth
day of February, �016.
w
Mayor, of the City 0 Richmond, Indiana
1h DAVE SNOW.
_Mayor
CITY of RICHMOND
50 NORTH. FIFTH STREET - RICHMOND, IN 47374
PHONE (765) 983-7208-= FAX (765) 962 7212
Email— dchmondinclian.-gov
DATH OF OFFICE
ST,A n OF M- UNA
SS:
COUNTY OF WAYNE
I, Amara Bakshi do. solemnly affilrnx that I vill support the Constitution of :the Uriite&Sfates -and .
the State of Indiana and the ordinance of the City of Richmond, Indiana; and that I gill faithfully
and conscientiously discharge My duties as a member of the Board of-Sani#ary Commissioners
for the City of Richmond, an4, according to law and the best of my ability,
i
4. JJ
Term expires December 31; 20.19
SUBSCRIBED SWORN Twenty- ix h day f e a AND Ri1T to before this Two my S t y o F bru ry, 2016
Mayor of the .City ofRichniand, Indiana
CERTTFIED CORPORATE RESOLUTION
ICokosing Industrial, Inc.
The Board of Directors of
I�okasing Industr-ial, Inc. (the �"Corpoiatloin"), a corporation
duly organized and existing under the laws of the State of Ohio, approved the - following
resolution in writing pursuant to Ohio Reprised Code Section 1701.59 on March 7, 2019, and that
said resolution has not been modified, amended or rescinded and remains in full force and effect:
RESOLVED: That the following named individuals are authorized to hereby sign bid
documents and. contracts on behalf of the Corporation in accordance with the attached Signature
Aatth6rization dated December 18th, 2018:
Wm. Brett Burgett -- Chief Executive Officer
Thomas G. Murasld --- President
Daniel B . Walker -- Executive Nice President
Kenneth ,A. Gonya - Vice President of Operations & Assistant Secretary
Spencer C. Beeching -- vice President of 'Operations & Assistant Secretary
Chad R. Lampe -- vice President Estimating & Assistant Secretary
AaronI=Iazlfe - Vice President, Durocher Marine Division
Todd Lemen --- Assistant vice President & Assistant Secretary
wm. Barth Burgett - Executive vice President
Timothy J. Freed -- Treasurer
Gabe J. Roehrenbeck - General Counsel
S cott B . Eri ck - vice President Human. Resources
Dick B. Vranak -- vice President Safety
Brooke E. Hoeflich -- Secretary
Mark Henrikson - Assistant Secretary
The undersigned- hereby certifies that she is the duly elected, qualified and Acting
of the Corpoation,- and that she is authorized to give this Certified• fCo ;r•arate
.
Resolution.
Certified this 71h of March, 2019,47)Ar"
AW
i '
Brooke E. Hoeflich; _Sec etary. ' f , !
r f }
i 4
KII-03 07 2019--02-Certified Coip
ACTION BY WRITTEN CONSENT OF THE SOLE DIRECTOR Off` KOKOSL'*iG INDUSTRIAL, INC.
CORPORATE SIGNATURE AUTHORIZATION
PURSUANT to the authority of Section 1701.54 of the Ohio Revised Code, the undersigned, being the
sole duly elected director of Klokosing Industrial, Inc., an Ohio corporation (the "Corporafon"), and the only
persoA who would be -entitled to notice of a meeting as the sole member- of the Board of Directors of the
Corporation (the "Bonn&"), does hereby waive notice in writing of such a meeting and hereby adopt by this
Action by Written Consont, the following resolutions with the same force and effect as if they had been
unanimously adopted at a duly convened meeting of the Board as of the 18' day of December, 2018:
.RESOLVED: That this resolution hereby replaces and supersedes any other resolutions relating to
signature authority on behalf of the Corporation.
pURTIER RESOLVED: That the following individuals are hereby .provided the following sigaatur e
authority:
The Chief Executive. Officer .
All documents, contracts, and agreements on behalf of the Corporation.
Presiden m 2E�cecutive Vice President Senior Vice Presidents vice Presidents and Mark Hen rikson
All contracts and contract change orders related to construction projects, proposals and bid .
documents, subcontracts, purchase orders and change orders, and other contracts or documents .
specifically related to construction projects. _
Assistant vice P residents and To dd A. - Lemen
All contracts and contract change orders, proposals and bid documents, subcontracts, purchase
orders and change orders, and other contracts or documents specifically related to construction
projects up to $3 0 million.
Vice president of Human Resources
All contracts in relation to purchasing of insurance on behalf of the Corporation, employment
proposals, contracts for graining services, and settlements related to -workers' compensation and..
insured liability claims.
Treasurer
All contracts related to bank financing, establishing bank accounts, equipment leases, credit
applications, bonding agreements, execution of corporate tax returns, and amendments to the
4011c plan.
General Counsel
All documents and contracts related to legal matters.
Vice Pkesident Safe
All contracts in relations to coati acting of safety related services on behalf of the Corporation and
regulatory filings related to safety.
Area Manafrers, Project Executives Project Marra ers
Proposals, change orders, sub contracts, and purchase orders under $5 Q 0, 0 0 0 :
Project E, ngrineers and Estimators
Prop os als uridek $5 0,000, and subcontracts, purchase orders and change orders under $10 0, Q 0 0 .
KTI--2018--16
EXHIBIT `E' : Other Provisions
A. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REOLJ REMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility:
status of all newly hired employees of the contractor through the Indiana E=Verify program. Contractor
is not required to verify the work eligibility stains of all newly hired employees of the contractor
through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the
performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that
Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a)
(2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the
violation not later than thirty (30) days after the City notifies the Contractor of the violation. If
Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall
consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public interest or
public property, the City may allow this Agreement to remain in effect until the City procures a new
contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
B . IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5--22- 16.5, Contractor- certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement that
this certification is no longer valid, City shall notify Contractor in writing of said determination and
shall give contractor ninety (90) days within which to respond to the written notice. In the event
Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran
within ninety (90) days after the written notice is given to the Contractor, the City may proceed with'
any remedies it may have pursuant to IC 5-22-I6.5. In the event the City determines during the course
of this Agreement that this certification is no longer valid and said determination is not refuted by
Contractor in the manner set forth in IC 5--22-- 16.5, the City reserves the right to consider the Contractor.
to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) .
day period set forth above.
C. PROHIBITION AGAINST DISCRIMINATION
1. Pursuant to Indiana Code 22--9--1--10, Contractor, any sub -contractor, or any person acting on behalf
of Contractor or any sub --contractor shall not discriminate against any employee or applicant for
employment to be employed in the performance of this Agreement, with respect to hire, tenure,
terms, conditions or privileges of employment or any matter directly or indirectly related to
employment, because of race, religion, color, sex, disability, national origin, or ancestry.
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 Agreement of any
subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of
Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, -
sex, national origin or ancestry against any citizen of the State of Indiana who is qualified
and available to perform the work to which the employment relates;
EXHIBIT `E'
Page 1 of Z'
b. That Contractor, any sub--contrractor, or any person action on -behalf of Contractor ❑r any
subcontractor 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 from the amount payable to Contractor by the City under this
Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during
which such person was discriminated against or intimidated in violation of the provisions
of the Agreement; and
d. That this Agreement may be canceled or terminated by the City and all money due or to
become due hereunder may be forfeited, for a second or any subsequent violation of the
terms or conditions of this section of the Agreement.
3. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation
.shall be considered a material breach of this Agreement.
D. WITHOLDING, RETAINAGE, AND CLAIMS FOR PAYMENT
Contractor understands, acknowledges and agrees that pursuant to Indiana Code 3 6-1-12-13 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 timely
pay any subcontractor, laborer, or material supplier for the performance of services or deliver of
materials under this Agreement that the Board of Sanitary Commissioners for the -City shall withhold
payment in an -amount sufficient to pay the subcontractor, laborers, material suppliers, or those
providing services. Contractor further understands, acknowledges, and agrees that, the Board shall
proceed- with the proper administrative procedures initiated as- the result of any claims timely filed by
any subcontractor, laborer, or material supplier under Indiana Code 3 6- 112-12.
EXHIBIT `E'
Page 2 of 2