Loading...
HomeMy Public PortalAbout179-2021 - Sanitary - Thor Construction Company - New Restroom & Locker Room AGREEMENT ORIGINAL THIS AGREEMENT made and entered into this /2, day of Daceyn 1L€.r , 2021, and referred to as Contract No. 179-2021 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (referred to as the "City"), and Thor Construction Company, 1111 Northwest T Street, Richmond, IN 47374 (hereinafter referred to as the"Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to retain Contractor to construct a new restroom and locker room located at the Solid Waste Garage. The foregoing shall meet the requirements previously requested by the City which are set forth within the specifications on the Invitation to Bid, as well as the Addendum thereto,to which the Contractor has responded with said specifications being attached hereto as Exhibit "A". Additionally, Contractor's response is incorporated by reference herein, and attached hereto as Exhibit"B". Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement,this Agreement shall be controlling. The Contractor shall perform the services listed on the attached Exhibits attached hereto as soon as is practically possible in coordination with the City. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.C. § 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. SECTION III. COMPENSATION City shall pay Contractor the sum of one hundred sixty-one thousand dollars and 00/100 ($161,000.00) in consideration for the services contemplated herein with Contractor's estimated completion time being a period of ninety(90)days. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue until such time that the Contractor satisfactorily performs the services contemplated herein. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause by specifying the reasons for termination which shall include but not be limited to the following: a. failure,for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; 1 I Page , ' • f • ;; o ; ;!: b. submission of a report,other work product,or advice,whether oral or written,by the Contractor to the City that is incorrect,incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination,the effective date, and in the case of partial termination,the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement,purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement,whether such operations by the Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation& Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate 2 I Page F. Malpractice/Errors&Omissions Insurance $1,000,000 each occurrence $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law,and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5,22-3-5-1 and 22-3-5-2. If:Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30).days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty(30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to.IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII.IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event Board determines during the course of this Agreement that this certification is no longer valid, Board shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the Board reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety(90) day period set forth above. 3 I Page SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability,national origin,or ancestry. B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub-contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race,religion,color, sex,national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement;and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited,for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X.RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI.MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion,negotiation,or conversation relating to the subject matter contained herein. ---- 4 I Page This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana,regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement,including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 1N WITNESS WHEREOF,the parties have executed this Agreement at Richmond,Indiana, as of the day and year first written above, although signatures may be affixed on different dates. [The remainder of this page intentionally left blank—signatures to follow on page 6] "CITY" "CONTRACTOR" The City of Richmond, Indiana,by and Thor Construction Company through its Board of Sanitary Commissio s BYa4,;,—/fl. Sue Miller,President (Printed)OW/k72 D, Sl/1200Ak Dated: Z / Z Title: P 06f,96/t/ / ak ice President Dated: /2 / Dated: ✓d-)b-1,t C�eg tein ember Dated: / APPROVED: now, Dated: t ZI 2 -712(9. 1 CONTRACT REQUEST FORM 1. Date contract needed (Clerk or agenda deadline): 12/01/2021 Date.Submitted to Law*: 11/24/2021_ 2. Board/Commission that will approve contract Board of Sanitary Commissioners 3. Has bid been awarded?Yes Date awarded or expected: 11/23/2021_ 4. Is this a Common Construction Wage Project? N/A 5. Brief description of work to be performed or supplies to be furnished:Build new restroom/locker room at Solid Waste Garage 6. Name and address of Contractor to be retained: Thor Construction Company 1111 Northwest"T"Street Richmond,IN 47374 7. What method was used to request bids?(check one) Request for Proposals(RFP) Request for Quotes(RFQ) X Bid Specifications State Quantity Purchase Agr.Bid(QPA) 8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? Legal adds 10-15-21 and 10- 22-21.Pre-Bid Meeting 10-25-21 9. Date of Contractor's Response/Proposal/Bid. November 09,2021 10.Did the Contractor supply you with all necessary certificates of insurance,warranties,etc:?Yes-_ 11.In what office are the Bid Specifications/RFP/Bid lists on file with the City? Sanitary District 12.Attach Contractor's response unless longer than ten(10)pages. If longer than ten(10)pages,in what office is Contractor's response filed? Sanitary District 13.Amount to be paid to Contractor $161,000 Term of Contract: from signing of contract until completed 14.Any other relevant information: 15. Submitted By: Z$'4ocutsoe lest Department: Sanitation *Please complete and return,along with all attachments or exhibits,at least one(1)week before the contract is needed for its Agenda deadline. Exhibit A to Contract: City and Thor Construction March 2009 CITY OF R I(CHMON INDIANA INVITATION TO BID II �,A �� is 11 estroo n/Locker f ' ©om ,\rea at Solid Waste Garage FOR ;CHI®ND SANIT :1( ,L ISTRICT EXHIBIT PAGEl 8 INDEX INVITATION TO iI;I® Bid Foam See Attached Form Notice to Bidders 1 Page Invitation for Bid 1 Page STANDARD TERMS AND CONDITIONS Definition A.1 Departments A.2 Bidder&Contractor A.3 Estimated Quantities A.4 Addenda A.5 Bidding Documents B.1 Substitutions B.2 Demonstrations/Samples B.3 Data Privacy B.4 Bidding Procedures C.1 Bid Security C.2 Submission of Bids C.3 Bidder's Representation C.4 Modification or Withdrawal of Bid C.5 Delivery of Goods C.6 Consideration of Bids D.1 Rejection/Acceptance of Bids D.2 Bid Award D.3 Warranties,Guarantees&Maintenance D.4 Contract Documents E.1 Indemnification F.1 Workers Compensation Insurance F.2 Payments G.1 Method of Invoicing G.2 Damages for Delays G.3 Specifications Proposal Sheet EXHIBIT PAGE • . '. . 1 I .. . • . . - . . . . . • • . . • • • l I • . • . 1• . • . • • • •• . • • . •. • . . • • .. . • - . • • . • • I • I • . . [ • . . . • . • [• • • .• • • . .• • . . • • • . . • • • • . • • . • .• • • • . • • I. •••,• I en .9 in . I 6.7 0 1 1 1 • 0 CO , 1 . . I-- . _ •... 0 . . 1 U-I • I '—'3 _ 0 la :.... . 0 1 11 0 . :e . . • . N . CL. LL., in 0• O. LL • Ir . • 0 0 . 1 07 ........ Lt. IX 0. , z . . . 0 a . . I . CC1 • . c , . a) , ca . . . 1:1.. -1-• . .10 0 I cu 46 . . . • u.. •=C I. . . , — • • . . 1 . . • . I . . . . . . _ • . . .. . • . . . . . . •. . . . ,. .. . . . . . . • ... . . • . . . . . . . . .• . . . . . . _.• . . cv . . •_ •. . • ....L • . . •PAGE . • E)(1-11B1T .. • . .. . . . . . . . . . . . . . - • • . . • • State Form 52414 Prescribed by State Board ofAccounts Form No.96(Revised 2005) CONTRACTOR'S BID FOR PUBLIC WORK-FORM 96 • PART I . . •CTo be completed for all bids. Please type or-print) . Date: - 1: Governmental Unit(Owner): -• - • • 2. County.: • • • $. Bidder(Firm): ' Address: ' City/State: • • 4. Telephone Number: . . • - • • 5. Agent of Bidder(if appli cable): - • . Pursuant to notices given,the undersigned offers to furnish labor and/or material necessary to complete • the public works project of (Governmental Unit)in accordance with plans and specifications prepared by • and dated for the sum of • $ The undersigned further agrees to furnish a band or certified check with this bid for an amount specified in the notice of the letting.•If alternative bids apply,the undersigned submits a proposal for each in accordance with the • notice. Any addendums attached will be specifically referenced at the applicable page. . , If additional units of material included in the contract are needed, the cost of units must be the same as . that shown in the original contract:if accepted by the governmental unit. If the bid is to be awarded on a unit• basis,the itemization of the units shall be shown on a separate attachment.- •• - The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, , . or applicant for employment, to be employed in the performance of this contract, with respect to any matter. directly or indirectly related to employment because of race, religion, color, sex, national origin or 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). I hereby certify that I and all- subcontractors employed by me for this project will use U.S.'steel products oh this project if awarded. understand that violations hereunder may result in forfeiture of contractual payments. - • . EXHIBIT A f�AGft=_ :l�,Of�,� . • • • • • • • ACCEPTANCE • The above bid is accepted this 1- • day of ,subject to the ' following conditions: Contracting Authority Members: • • • • PART Il • • • (For projects of$100,000 or more—IC 36-1-12-4) Governmental Unit: • ' • Bidder(Firm) Date: • • - • 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 1 EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one(1)year prior to the date of the current bid? 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? . • . Expected •Contract Amount Class of Work Completion Name and Address of Qwner • Date • • • EXHIBIT 4 PAGE • •- • • 3. Have you ever failed to complete any work awarded to you? - .If so,where and why? ' . 4.• List references from private firms for which you have performed work. • - . . • • SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE - 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. • 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 ' ' - 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 A PAS . • . • ' 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 ether • 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 this. day of , • • • (Name of Organization) By • (Title of Person Signing) . ACKNOWLEDGEMENT . • STATE OF ) - • )ss - COUNTY OF ) Before me,a Notary Public,personally appeared the above-named and • swore thatthe statements contained in the foregoing document are true and correct. • Subscribed and sworn to before me this . day of Notary Public • My Commission Expires: County of Residence: • • • • EXHIBIT IL PAGE of£ . • • • F.3.1 • • (can't) • Coverage Limits • • A. Worker's Compensation& - Statutory ' Disability Requirements B. Employer's Liability $100,000 • C. • Comprehensive General Liability • Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each.occurrence • ' D. Comprehensive Auto Liability . Section 1. Bodily Injury $1,000,000 each person $1,000,000 each.occurrence • • Section 2, Property Damage $1,000,000 each occurrence • E. Comprehensive Umbrella Liability • $1,000,000 each occurrence $2,000,000 each aggregate • F. Malpractice/Errors&Omissions $1,000,000 per claim • Insurance $2,000,000 each aggregate • • • • • • • • • • • • EXHIBIT^_!V PAGE r F,Ie . C J, " • C.4 BIDDER'S REPRESENTATION • • C.4.1 Each bidder bymaking his bid represents that the bidder has read and understood the bidding documents auclhis bid has been made in accordance therein. • C.4.2. Each bidder for services further represents that the bidder has familiarized himself with the local . • conditions under which the work is to be done and has correlated his observations vliith the requirernents of the bidding documents. • C.4.3 Bach bidder agrees that he will"not discriminate against any employee'or applicant for • • • employment because of race,color,religious creed,ancestry,physical handicap,sex or political affiliation,and that he will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to race,color,religious creed, physical handicap,.ancestry,sex or political affiliation. . C.4.4 Bach bidder shall be responsible for complying•with any applicable.affimvitive action laws. . • C.5 MODIFICATION OR WITHDRAWAL OF BID C.5.1 • A bid may not be modified,withdrawn or canceled by the bidder following the time and date designated for receipt of bids and each bidder so agrees in submitting his bid. C.5.2 Prior to the time and'date designated.for receipt of bids,any bid submitted may be modified or withdrawn by notice to the Purchasing Director at the place designated for receipt of bids. C.5.3 Withdrawn bids maybe resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these instructions to bidders. C.6 .DELIVERYOF GOODS • • • C.6.1 All delivered goods are to be FOB Richmond,Ig,unless otherwise stated in the. • bid• . • • C.6.2 " iThe City reserves the right to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects,which would make the items unfit for the • purposes for which they are required,maybe given at'any time within one(1)year after " discovery of the defects: ' C.6.3- All items rejected must be removed.immediately by the contractor at the expense and risk ofthe contractor. If the contractor fails or refuses to remove . the rejected items,they may be sold by the City and the proceeds used to cover . all related expense incurredby the City. _ C.6.4 In some cases,at the discretion ofthe City,inspection of the commodities or • equipment will bemade at the factory,plant,or other establishments where ' • • they are produced before shipment. • C.6.5 The above provisions shall not be constricted in limitation of any rights the City may have under any laws including the Uniform Commercial Code. C.6.6 If applicable,State written approval is required before the release of any Bonds or payments'will.be made to contractor. EXHIBIT PA F • • • ARTICT.P D • INSTRUCTIONS TO BIDDERS . • D.1 CONSIDERATION OF BIDS . D 1.1 The properly.identified bids which have been-received on time will be opened publicly and will �. be read aloud. The bids are available for inspection after all bids have been read aloud. D.2 REJECTION/ACCEPTANCE OF BIDS • . • D.2.1 The City of Richmond shall have the right to accept or reject any and all bids. The City of • Richmond shall reject any bid not accompanied by the required bid security,and shall reject bids that are incomplete or unsigned. • D.2.2 - The City of Richmond shall reject all bids from bidders where there has been collusion between' the bidders. D3 HID AWARD D.3.1 It is the intent of the City of Richmond to award a contract to the lowest responsible and responsive bidder meeting specifications provided the•bid has been submitted in accordance with the requirements of the bidding documents. The City shall have the right to waive any • informality or irregularity in any bid(s)received;to accept or reject the bids)which in its judgment is in its own best interest;and to solicit new bids privately and to award to the best bid • so received. • D.3.2 Award will be based on the following(where applicable): • • 1. Adherence to all conditions and requirements of the bid specifications. 2. Total bid price(including any discounts),unit bid price or extended.price. 3. General reputation and experience of bidders. • 4. Hourlyrates for specified personnel. 5. Evaluation of the bidder's ability to service the City. 6. Financial responsibility of the bidder. 7. Priorkuowledge of an experience with the bidder in teams ofpast performance. 8. Needs and requirements of the City. 9. Experience with the products involved. 10. Nature and extent of company data furnished upon request of the City. 11. Quantity ofinerchandise. • 12. Product appearance,workmanship,finish,taste,feel and results of any product testing.' 13. Overall completeness of product line offered. • - 14. Locality in.relation to the City,where prompt service maybe required. 15. Bidder's ability to meet delivery and stocking requirements. 16. Delivery date. 17. Maintenance cost and warranty provisions. • 18. Repurchase,trade-in or residual value. • 1 _1� 1 • • • G - ', r '• D.33 Unless otherwise indicated in the imitation-for bids,the City reserves the right to award the contract in.whole or in part,by item,by group•of items or by section where such action serves • the best interest of the City. • - D.3.4 Bids submitted on.an"all or none"basis or similar basis will be evaluated against the total of the-low bids for the individual items. ' D.4 WARRA ilES,GUARANTEES;AND MAINTENANCE - • D.4.1 A copy of the manufacturer's warranties and/or guarantees for the items bid must accompany vendor's bid. A'copy of your company's warranties and/or guarantees for the items bidding also must accompany vendor's bid. . D.4.2 ' As aminimum requirement of the City,the vendor will also guarantee,_i n.writing,that any • defective components discovered within a one(1)year period following the date of equipment . • acceptance shall be replaced by the vendor at no costto the City. - D.4.3 Replaceriientpat'ts of defective components shall be shipped to the City of Richmond at no cost to the City. If defective parts are required to be returned to the vendor,the shipping costs shall.. . be borne by the vendor. - • • ' • • • . - I • • • ARTICLE E • • INSTRUCTIONS TO BIDDERS • GENERAL CONDITIONS OF THE CONTRACT E.I CONTRACT DOCUMENTS E.1.1 Nothing in the contract documents shall create any contractual relationship between the City and the contractor's employees,subcontractors and their agents and employees and any other parties • furnishing goods and services to the contractor and their agents and employees. • E.1.2 The contract documents consist of the invitation for bids,instructions to bidders,contractor's • bid form with attachments,if any,executed contract,conditions of the contract(general, supplementary and other conditions),the specifications,all addenda issued prior to receipt of the bids and all modifications issued after execution of the contract. A modification is(a)a written or supplement to the contract signed by both parties or(b)purchase release issued by the • City or(c)change order. E. 1.3. The contract documents form the contract. This contract represents the entire and integrated agreement between parties hereto and supersedes all prior negotiations,representations or agreements,either written or oral. E.1.4 The issue of a purchase order that is in accordance with the specifications represents a contract. Should vendor find purchase order to be incorrect,said vendor must notify Purchasing Director within twenty four(24)hours of purchase order date. ' • • • • • • • • • • EXHIEIrr 10 PAGE • ARTICLE F • INSTRUCTIONS TO.BIDDERS • INDEMNIFICATION,INSURANCE,AND PROTECTION OF LIVES AND PROPERTY F.1 INDEMNIFICATION F.1.1 The contractor shall indemnify and hold harniless the City of Richmond and its officers and_ ' ' employees from and against all claims,damages,losses,expenses,including but not limited to attorney's fees,arising out of or resulting from the performance of the contract,provided that any such claim,damage,loss or expense(a)is attributable to bodily injury,sickness,disease or • death,or to injury to or destruction of tangible property(other than goods,materials and equipment furnished under this contract)including the loss of use resulting there from,and(b) is caused in whole or in part by any act or omission of the contractor,any • subcontractor,or anyone lirectly employed,by any ofthem or anyone for whole acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. ' F.1.2 In any and all claims against the City or any of its officers or employees by any employee of the contractor,any subcontractor,anyone directly or indirectly employed by any of them or anyone • • for whose acts any of them maybe liable,the indempification obligation-under this paragraph • G.1 shall not be limited in any way by any limitation ofthe amount or type of damages, . compensation or benefits payable by or for•the contractor or any sub-contractor under worker's - or workmen's compensation acts,disability benefit acts or other employee benefit acts. • F.2 WORKER'S COMPENSATION INSURANCE I . F.2.1 For contracts involving performance bf work pursuant to the provisions of Indiana Code IC 22- . 3 2,14(a)bidders are required to furnish a certificate from the Indiana Worker's Board . showing that such budder has complied with-IC 22 3 2-5,22-3-5-1 and IC 22-3-5-2. F 3 INSURANCE_ • ' F.3.1 The Contractor shall,as prerequisite to this Agreement,purchase and thereafter maintain such insurance as will protecthim from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement,whether such operations by lire . Contractor or by any Sub-contractors or by anyone who.directly or.indirectly employed try any . of them,or by anyone for whose acts any of them may be liable. • . e . s . d . ARTICLE G - • . INSTRUCTIONS TO BIDDERS' - GENERAL CONDITIONS OF THE CONTRACT ' G.1 PAYMENTS • • G. L1 The City is not subject to.federal excise taxes. Federal Tax Exemption RegistryNuinber is 35-_ 6001174. G. 1.2 The City is not subject to the Indiana sales and-use taxes on the purchase of goods and other • materials. Where the contract includes the combination of labor and ma_terial,.the contractor shall pay the Indiana sales and use taxes on the Materials only. G.2 METHOD OF INVOICI[�IG FORPAYMENT . G.2.1 No contract will be official for services or materials unless apurchase order has been.issued. • - G.2.2. Contractor shall bill the City:(a)on regular invoice form giving a complete and detailed •description of the goods delivered,including purchase order number;and(b)ifthe contractor allows a cash discount,the period of time in which the City must make payment to qualify for _ discounts shall be computed from the date the City received the invoice(completely filled out), - or the date the goods are delivered and accepted,whichever maybe later,and shall be for not less than thirty(30)days and(c)if more than one shipment is made under the contract,the City • will make partial payments on a basis that is agreeable to both parties. G.2.3 Payments under this contract willbe made in the manner provided by law for payments of . claims against the City. . . G.2.4 No payment will be made for production overruns in excess of the quantity ordered by the City • (unless with prior written.approval). G.2.5 No payment shall constitute an acceptance of any goods or services not in accordance with the • requirements ofthe contract. . - G.2.6 Schedule of values may be used in contractual work. City will so designate if applicable. (See Invitation for Bid Page) - - • • G.3 DAMAGES FORDBLAYED DELIVERY AND/OR CONTRACTUAL SERVICES ' G.3.1 In the event delivery of completed item or items bid and/or unaccomplished.contractual • completion date is delayed beyond bidder's specified date,the City of Richmond.will assess . certain,damages of /day. Certain damages will apply in all cases except the following: ' • lathe event delivery and/or completion of contract shall be necessarily delayed because of • strike,injunction,goveinment•controls,or by reason of any other cause of circumstances • beyond the control of the contractor,the time of completion of delivery shall be extended by a number of days to be determined in earn instance by mutual agreement between-the City of • Richmond and the contractor: Should there be damages assessed,the City will have the right to deduct the damages from.the payment to be made to,contractor. • • 1BIT / PAGE•_ !�—� - The Richmond.Sanitary District is requesting bids for Building a New Woman's Locker-Restroom Scope of Work: Maze Design has designed this project with drawing and specifications.Please refer to them on bidding this project. o Lighting Fixtures-2'x4' 120V 40W LED Flat Panel Fixtures or Equivalent ✓ Ceiling Tiles—2'x4' Halcyon Acoustical Panels—White or Equivalent e 4—Toilet Bowl—Kohler Kingston Ultra Wall Mounted Top Spud Flushometer Bowl or Equivalent e 4—Elongated Toilet Seat—Kohler Stronghold Quiet Close Elongated Toilet Seat or Equivalent • Touchless Toilet Flush—Kohler Tripoint Touchless 1.6 Gpf Flushometer or Equivalent • 3—Wall-Mount Lavatory—Kohler 21-1/4"x 18-1/8"wall-mount/concealed aim carrier center set faucet hole or Equivalent • 3—Kohler Center set single handled commercial Faucet • Solid Phenolic Toilet Partitions—Hadrian or Equivalent Name of Contractor: Address: City/State: Cost of Projects Estimated completion time: • CERTIFICATE OF INSURANCE(must meet City of Richmond,IN requirements) Yes No • E-VERIFICATION FILLED OUT: Yes No u IRAN INVESTMENTS: Yes No EMM ,P CF of" �yyo DAVE M.SNOW { Mayor . *` PAT SMOKER Director CITY OF RICHMOND DEPARTMENT OF SANITATION 2380 LIBERTY AVENIIEoRICHMOND,INDIANA 47374 PHONE(765)983-74500FAX(765)962 2669 Date: October 28,2021 To: All Bidders From: Denise Johnson RE: Restroom/Locker Room Area at Solid Waste Garage Bid ADDENDUM#1 This is"Addendum#1". This addendum is in reference to the above-mentioned bid. Please mark Addendum#1 on outside of envelope when returning bid. Questions please call bidding manager,Jeff Lohinoeller at 765-993-2670 or 765-983- 7464. Thank you. EXHIBIT PAGE III '7---777,\\\ Maze • Design, Inc. 124 South Sth Street Richmond,IN 47374 (765)962-1300 10/26/2021 E-Mail:di@mazedcsiguinc.com Attn: Bidders ADDENDUM NO. 1 FOR New Paris Pike Landfill solid waste garage Women's Restroom/Locker room RICHMOND,IN PROJECT 1942-1 Modifications described herein shall be incorporated in the Project Manual and Drawings for the subject project. All other provisions of the Project Manual and Drawings shall remain unchanged. Acknowledge receipt of this Addendum by inserting its number in the Proposal Form. Failure to do so may subject the Bidder to disqualification. This Addendum is a part of the Contract Documents. Plans 1. Change foundation detail 1 /A1.1 per the attached revised detail RI /A1.1. Clarification: a. Owner shall provide toilet paper,paper towel and sanitary napkin dispensers and contractor shall install. Mirrors and Grab bars shall be supplies and installed by contractor and match existing. b. Fire protection sprinkler system is to be modified by contractor per Fire Protection note on A1.1 c. Contractor to provide Temporary Toilets during construction. d. City shall wave all building permit fees. e. Owner shall provide waste dumpster for contractor use on this project. f. Building is heated to a min.45 degrees by owners existing heating equipment. g. Interior 6"cmu walls will be on a sloping floor,masonry contractor to cut block as required for floor slope. END OF ADDENDUM EXHIBIT 1d PAGE S MilBuilding&Interior Design,Engineering,Construction Management 1 j q N Eti 1 .vig a_ n 0 . .,:, a " B g - ct Fs ...I.E•6 0 f ,_ . L .-ez. f • 1 i r' I I .11bftJ a, ti - N i- N kri -7 L.. • Zi i u k 0103Wp50 ol¢/af1f0O)WUSA 0013la ` I �1��� omil q ot¢�avfo o�oecaso orximmo owmmo oimiawo V N LI o 11.I..L' o rii -.. Win, as i FA an r r • . • • : • - • • . - . ., . I . . . . • . • . . - . . ' • Exhibit B td Contract: City and Thor Construction - • - 1 - • - i. • . • • - • • • • . . .• . . . . . . i . • 1 - . . . • • - • . . r . r . . . . . . • • 1 . . - • • . 1 . • , . . r . . . .. . . • , . . • • • • . . . . . ••. • • , • . . • , . .. ,r.... T.- • i 1 A •t, . . . cc - . . -. ... • • '(.) • • LIJ • , 4-3 • —3 u . cu •ri I•;-I . • . • a C4 13 Ei 4:3 CL 0 cu Li..., o • cn •r-t . .4. ,co LL, . , 14 0 11 r's LLO ix'X" - 0 Cn 03 • '' ' .r-I P.- CI 8 CO 43 4-3 -4 0 4-3 z u u) . • - 0 cu . I • , a ' ' C.) tn u. to ii n . • - • 0 1-1 ,c —I ro ' . • 0 . o 0 17-1• c c a) 0 - 0 n 0 . .. Sq 1--i A a. .0 s - I u u . c . 4 i—i .1-1 • •ri 13 , 1 . . . _ . • . • • • . • • . . . I ' I • . • - . . . . , • . • • , - . • i • • • . . • • • 1 _ . • ' . . . • .. . • - . • • . - • - • • . . • • •s • - . . . . . . . . • • . . • . • .. • • - • . - . . . .- . •. • _ . . • EXHIBIT- PAGE i_. 6FL- .1— • . . • . • .. • • . •. . . . .. ' . - • . • . - • • . • . • • • • State Form 52414 Prescribed by Slate Board of Accounts • *Form No.96(Revised 2005) CONTRACTOR'S BID FOR PUBLIC WORK—FORM 96- • - _ . ' PART I . • . • •(To be completed for all bids. Please type or-print) Date: 11/9/2021• 1: Governmental Unit(Owner): Richmond Sanitary District - • 2. County.: Wayne - • - • . 3. Bidder(Firm): Thor Construction Company Address: 1111 N.W. T Street . City/State: Richmond, IN 47374 . • . ' • 4. Telephone Number: 765-°962-6553 • 5. Agent of Bidder(if applicable): • • . Pursuant to notices given,the undersigned offers to furnish labor and/or material necessary to complete V the public works project of Richmond Sanitary District (Governmental Unit)In accordance with plans and specifications prepared by . . • Maze Design Inc. ._ and dated 12/10/2020 for the sum of • "See Bid Form Scope of Work" $ • The undersigned further agrees to furnish a band or certified check with this bid fer an amount specified In the notice of the letting.•If alternative bids apply,the undersigned submits a proposal for each In accordance with the • notice. Any addendums attached will be specifically referenced at the applicable page. • . • • If additional units of material included in the•contract are needed,the cost of units must be the same as . • that shown In the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit• basis,the.itemization of the units shall be shown on a separate attachment.; . The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or'applicant for employment, to be employed in the performance of this contract, with respect to any matter. • directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of thilcovenant 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). I hereby certify that I and ail- subcontractors employed by me for this project will use U.S. steal products on this project if awarded. I • understand that violations hereunder may result In forfeiture of contractual payments. . • ACCEPTANCE The above bid is accepted this 3. . day of subject to the ' following conditions:. r • 1 Contracting Authority Members: • • - • • J • • PART II • _= • ' (For projects of$100,000 or more—IC 36-1-12-4) 4 • Governmental Unit: Richmond'Sanitary District . • Bidder(Firm) Thor Construction Company Date: 11/9/2021 • These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. . SECTION I EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one(1)year prior to the date of the current bid? Completion Contract Amount - • Class of Wori0 Date Name and Address of Owner 4,414,430.00 Gen. Trades • 2020 • Randolph Co. Commissions s 2. What public works projects are now in process of construction by your organization? . Expected - •Contract Amount Class of Work Completion Name and Address of Qwner Date • • - 4,316,:663.0C Gen. Trades' 12/2021 Wayne Co. Commissioners • 8,270,000.00 Gen. Trades 5/2022 • Centerville Schools o P C , / '' - - I 3, Have you ever failed to complete any work awarded to you? • No - •If so,where and why? ' • 4.• List references fromprivate firms for whichyou have performed work. - • • Cope Environmental Center. - ' • Boys & Girls Clubs of Wayne County • •Wernie Youth & Family Center • • . • , 1 1 ' SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 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.) Work can begin on Notice to Proceed. 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. To follow. 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 abond. 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. TO follow. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. - • All equipment necessary is readily.available. • 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. - SECTION III CONTRACTOR'S FINANCIAL STATEMENT• - -• • Attachment of•bidder's financial statement Is mandatory. •Any bid submitted without said financial • statement as required by statute shall thereby be rendered invalid:.The financial statement,provided hereunder•to the governing body awarding the contract must be specific enough in detail so that said governing body can make • - a proper determination of the bidder's capability for completing the project If awarded.. - ' • • • • • 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;pther 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 TN AT THE FACTS AND INFORMATION • - CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at 1111 N.W. T St. this. 11th day of November , 2021 • Thor Co struction Company, a division of Carroll Electric Inc ; (Na o Organization) . • By . . P.�� • President i� • • (Title of Person Signing) . ACKNOWLEDGEMENT • • STATE OF Indiana • )ss • COUNTY OF Wayne ) . • Before me,a Notary Public,personally appeared the above-named Daniel D. Stamper and • swore that,the statements contained In the foregoing document are true and correct. _ • • Subscribed and sworn to before me this 11th day of November , 2021 +oat iG a i r✓r��rrr.-�.i�-..-rirr /f/�j� '. AMBERN.BEACH L O'n'ii I . e0V' • NolMBPubic6r and fa • • 1 ThoSWioni6 Indiana • \ Commission m slon 667118ti 3 Notary Public • ecr��ccc rl�1— EDZI R My Commission Expires: May 13, 2023 - • County of Residence: Wayne• • • • EXHIBIT PAGE .5- • y i n Doc a lies to A 10 �� 2110 • Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place ofbusiness) Thor Construction Company Atlantic Specialty Insurance Company:New York Corporation 1 111 Northwest"T"Street 605 Highway 169 North,Suite 8 Richmond,TN 47374 Plymouth,MN 55441 OWNER: This document has important legal (Name,legal staters and address) consequences.'Consultation with an attorney Richmond Sanitary District respect to Its completion with encouraged or 2380 Liberty Avenue modification. Richmond,TN 47374 Any singular reference to BOND AMOUNT:Five Percent of the Amount of Bid----(--5%—) Contractor,Surety,Owner or other party shall.be considered PROJECT: plural where applicable. (11ame,location or address,and Project number,if any) • Restroom/Locker Room Area at Solid Waste Garage • The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not.to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance Of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issuednt connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall he deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, • anyprovision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed-t his 9th daffy'of November,2021. /oovve 4. 60, / T r Construction Company ,r ( ci al)•. � �. (Seal) (Witness) �%t�rr� (Title) Atlantic Specialty Insurance Company (ur e � � j� ✓�! -,4/ eal) 11)Lucianne Bischoff,Attorney In Fact CAUTION:Y.on should sign ati totIginal AlA Contract Decunfant, n.which this te.tt appears in RED:An;original assures that changes will net.be obscured. snit. AlA Document A310Ta-2010.Copyright©1963,1970 and 2010 by The American institute of Architects.All rights reserved.WARNING:This MAP Document is prot eted by.U.S.Copyright Law and International Treaties.tinauthottsed reproduction or distribution of this AlA®Document;or aiiy,portton•bf-it;may'resutt In severe ciWI and crir in'at penalties,and vtlll be prosecuted to 1hz rna:driiurn eiiisnt possible under:the.law. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,a-mall The American Institute of Architects'legal counsel,copyright@ala.org. 061110 EXHIBIT PA _6 PF 1i Surety Company Acknowledgement STATE OF ILILINi OI[S COUNTY OF COOK SS: On this 97 ay off JJOVO/fh( ,2021,before me personally appeared ILaacaamrue Bischoff,to me known, who, being by me duly sworn, did depose and say: that(s)he resides at Schaarmburg, Illinois,that(s)he is the Attorney in Fact ofAgadlG gr eattCkr b Ylgi vleL' C�G I Ci tW the corporation described in and which executed the annexed instrument; that(s)he knows th corporate seal of said corporation;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. Notary Public in and for the above County and State My Commission Expires: .5/26/2024 OFFICIAL SEAL CHRISTINE EITEL NOTARY PUBLIC,STATE OF ILLINOIS My Comasslon Expires 6-26.2024 1? _XHIl f . PAGE,:_ , it l `t 1t1SU'llltt'ICts I ' KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with Its principal office in Plymouth, Minnesota,does hereby constitute and appoint: Luclanne Bischoff,Samantha Bradtke,Carol A.Dougherty,Christine Eitel,Courtney A.Flasica,Kirk Liskiewitz, Mike Pohl,Robert B.Schutz,Brien Spoden,James L.Sulkowski,each individually If there be more than one named,its true and lawful Attorney-in-Fact,to make, execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory In the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:unlimited and the execution of such bonds,recognizances,contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as If they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adoptedby the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: • Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer")may execute for and in behalf of the Company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and affix the seal of the Company thereto;and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company sea].thereto;and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. i I Resolved:That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such Instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-In-Fact is hereby authorized to verify any affidavit required to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory In the nature thereof. a This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adoptedby the Board of Directors of ATLANTIC SPECIALTY • INSURANCE COMPANY.on the twenty-fifth day of September,2012: Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking,recognizance or other written obligation In the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company as the original signature of suds officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April,2020. h' SEAL 'ns .(' Y 1986 or By t STATE OF MINNESOTA y6 Fry YO .0t - Paul J.Brehm,Senior Vice President HENNEPIN COUNTY " 6'* • yta • On this twenty-seventh day of April,2020,before me personally came Paul J.Brehm,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,tome personally_known-to be the individual and officer described in and who executed the preceding Instrument,and he acknowledged the execution of the same,and being by me duly sworn,that he Is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ejt +.. ALISON HAN NASLI•TROUT /9; /� /l - NOTARY PUBLIC•M1IINNESOTA f, 2" /�� t'w'•R i 1.' a My Commission Expires January 3'i,2026 Notary Public I,the undersigned,Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full force and has not been revoked,and the resolutions set forth above are now in force. Signed and sealed. Dated 9th day of November 202i C�t�ii�tgV••, A;•owon,t,.91-1.. `y SEAL ,m ' _— 1986 Q` � This Power of Attorney expires _ <-tv v4a a. January 31,2025 1 t Kara Barrow,Secretary EXHIBIT PAGE [/ Please direct bond verifications to suretat'atintactinsuranre.cont _ �I R°4 CERTIFICATE OF LABILITY [INSURANCE DATE(MWDDIYYYY) ty..------ 06/10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Danielle Onstott VanVleet Insurance-Indiana oviico,Nn o.EA: (765)935-5655 FAXrac.Net; (765)935 6164 1 Glen Miller Parkway ADDRiESS: danielleo@vanvleetinsurance.com INSURER(S)AFFORDING COVERAGE NAIC N Richmond IN 47374 INSURER A: ERIE INS EXCH 26271 _ INSURED INSURER B: ERIE INS EXCH 26271 Thor Construction Co&Carroll Electric INSURER C: ERIE INS EXCH 26271 1111 NWT St INSURER D: FLAGSHIP CITY INS CO 35585 INSURER S: Richmond IN 47374-1474 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR EXP T TYPE OF INSURANCE .INop SUER POLICY NUMBER (MMIIDDDYIYYYYY) (MMIIDp/YYW) - - LIMITS X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) S 1,000,000 MED EXP(Any one person) $5,000 A Q42-0152047 06/01/2021 06/01/2022 pERSONAL&ADVINJURY S 1,000,000 GENT.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY Cn jECa [}LOC PRODUCTS-COMPIOPAGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ 1,000,000 B OWNEOONLY AUTOS SCHEDULED Q06-0130634 06/01/2021 06/01/2022 BODILY INJURY(Per accident) $ 1,000,000 _AUTOS _ HIRED NON-OWNED PRleer eeei enent I 11 DAMAGE $ 1,000,000 AUTOS ONLY _AUTOS ONLY $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $5,000,000 C X EXCESS UAB CLAIMS-MADE Q30-0170401 06/01/2021 06/01/2022 AGGREGATE $5,000,000 DED X RETENTIONS 0 $ WORKERS COMPENSATION X STATUTE FRµ AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 D OFFICER/MEMBEREXCLUDED? ❑N NIA Q95-7200109 11/22/2020 11/22/2021(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE$1,000,000 Uyyes desuibeundor E.LDISEASE-POLICY LIMIT $1,000,000 DESLtRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(AGGRO 101,AddItlonot Remarks Schedule,may be attached If more space Is required) • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ®�q ACCORDANCE WITH THE POLICY PROVISIONS. �y�� 1 1I®0 1 --.-.� � � AUTHORIZED REPRESENTATIVE I Fax: Email: ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • • E-Verify Requirements: Definitions: E-Verify Program—A electronic verification of work authorization program of the Illegal . Immigration Reform and Immigration Responsibility Act•of 1996(P.L. 104 208),Division C,Title I.V,s.403 (a),as amended,operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Imunigration Reform and control Act of 1986(P.L.99-603). No performance of services shall commence until the following has been met: 1.. The City is in receipt of any required certificates of insurance; • 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 (a)(2);and 3. A purchase order lies been issued by the Purchasing Department. UUarma Uun[f UUC nugnu p[i c11 UUL tl d tlm LUU U qU cci U UU UU qU UU U Utl UUU U t14dnu U i ii UUA UO RA A UU A cp[IUUCO dciii dp COMPLIANCE WIT.g IND TA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22.5.1,7,Contractor-is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verifyprogram. Contractor is not required tp verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E Verify program no longer exists. Prior to the performance of the Agreement,Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7(a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than Thirty(30)days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation-within the thirty(30)day period provided above,the City shall consider the Contractor to be in breach of this Agreement and This Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property,the City may allow this Agreement to remain in effect until the City procures anew contractor. If this Agreement is tenminated under this section,then pursuant to IC 22-5-1.7-13 (c)the Contractor will remain liable to the City for actual damages. • EXHIBIT _5 PAGE /0. t �I Affidavit of Employment Eligibility Verification • j I The Contractor; 7/ d em/5 r Ruc iio u do ,affirms under the penalties of perjury that Contractor does not knowingly employ an-unauthorized alien.If Contractor is self-employed and does not employ any employees,Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not lcnowingly employed or contracted with an unauthorized alien and shall not retain an,employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.Pursuant to Indiana Code 22-5-1.7,Contractor has enrolled in and verified the work eligibility status of all newlylured employees of the contractor through the Indiana E•- Very program. • The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an.unauthorized alien and that the shboontractor has enrolled and is participating in the E:Verify program. The Contractor will maintainthis certification throughout the duration ofthe term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this 7 ^ day of NPV EmRgR. ,202!. signature) /Mg/ Io. s�bi' -R (printed name) • it VII PAGE ./ • i • The Richmond Sanitary District is requesting bids for Building a New Woman's Locker-Restroom To receive an electronic version of the State Drawings please email a request at ilolunoellerRriclunondindiana.go v Scope of Work: Maze Design has designed this project with drawing and specifications.Please refer to them on bidding this project. o Lighting Fixtures—2'x4' 120V 40W LED Flat Panel Fixtures or Equivalent o Ceiling Tiles—2'x4'Halcyon Acoustical Panels—White or Equivalent a 4—Toilet Bowl—Kohler Kingston Ultra Wall Mounted Top Spud Flushoineter Bowl or Equivalent O 4—Elongated Toilet Seat—Kohler Stronghold Quiet Close Elongated Toilet Seat or Equivalent o Touchless Toilet Flush—Kohler Tripoint Touchless 1,6 Gpf Flushometer or Equivalent O 3—Wall-Mount Lavatory—Kohler 21-1/4"x 18-1/8"wall-mount/concealed arm carrier center set faucet hole or Equivalent O 3—Kohler Center set single handled commercial Faucet O Solid Phenolic Toilet Partitions—Hadrian or Equivalent Name of Contractor: Thor Construction Company Address: 1111 Northwest "T" Street • City/State: Richmond, IN 47374 Cost of Project: ' 1(01)U00 , 00 - Estimated completion time: 9D o CERTIFICATE OF INSURANCE(most meet City of Ricbmond,IN requirements) Yes No o E-VERIFICATION FILLED OUT: Yes / No o IRANINVESTMENTS: Yes No V m HIBIT 7i OF