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Home My Public Portal About054-2023 - Brackney Inc. - construction for lift station for Hayes AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION^ `�^^ `~~�^~~ ^ ^^`~`~^ ^~~^~ `~~~^~ ^ ^^^ ^~'^ (STIPULATED PRICE) This40neernentisbyandbetweenOtyofRic6nnondSanbaryDisthct("Owmer^) andBmckne6 |nc. ("Contractor"). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions, Owner and Contractor hereby agree asfollows: ART|[LE1--VVORK 1.01 Contractor shaW complete all Work as specified o/indicated in the Contract Documents.The Work is generally described as follows: The project includes but is not limited to the construction of the new 1.7 MGD Hayes Lift Station and 10,100 linear feet of directionally drilled ten (10) inch diameter MQPE force main. The project also includes the demolition of the existing Hayes Lift Station, electrical work, instrumentation and control work, site civil work, and other miscellaneous work as shown on the Drawings,and specified within the Contract Documents. ARTICLE Z--THEPR0JKT 2�0I The Project, mfvvhich the Work under the Contract Documents isv part, is generally described as follows: Hayes Lift Staton and Force Main Improvements Project ARTICLE 3—ENGINEER Il The Owner has retained Commonwealth Engineers, Inc, ("Engineer") to act as Owner's representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 52 The part of the Project that pertains\o the Work has been designed by Commonwealth Engineers, Inc. ARTICLE 4—CONTRACT TIMES 4.1 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final p.aymentas stated inthe Contract Documents are of the essence of the Contract, 4,2 Contract Times:Days & The Work will be substantially complete within [*] days after the dote when the Contract Times ccxnmence to run as provided in Pamgraph4.Ol of the General Conditions, and completed and ready for final payment in accordance with Paragraph I5.06 of the General Conditions within [*] days after the date when the Contract Times cornmence to run. This document is a MODFIED version of EJCDC*C-520,Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright"2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from copyrighted EJCDC documents.All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject tv the copyright. Modified tv include nn edits from nus Bulletin zm*zs(o/za/zozu). c'z C'ootrox,No. 54-28%3 * Substantially complete and provide all items into operation (service) within 545 consecutive calendar days from the date in the Notice to Proceed and fully complete and provide all items into operation (service) within 30 consecutive calendar days from the date of substantial completion. 43 L/quidotodDorruoges A. Contractor and Owner recognize that time is of the essence as stated in Paragraph4.OI above and that Owner will Suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times' as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on tinoe. Accordingly' instead ofrequiring any such proof, Owner and Contractor agree that as |iquidateddann ages for delay (but not asapena|ty): l� Subztmnt/o/[nnnp/etimn: Contractor shall pay Owner $1,OUO.00 for each day that expires after the time (as duly adjusted pursuant to the Contract)specified above for Substantial Completion, until the Work is substantially complete, Z. Completion of Remu/n/ng Work: After Substantial Completion, if Contractor sh'-Al negieot' refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for' completion and readiness for final payment, Contractor shall pay Owner$1,0UO.0Ofor each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to t|me|yottain Milestones, Substantial Completion, amd final comp|ehon are re*t-addidve' and will+*A'be imposed concurrently. 8� Deleted C� Deleted ARTICLE S--[ONTRA[TPRICE 5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, tl-e amounts that follow, subject to adjustment Linder the Contract: A� For all Work other than Unit Price Work, a lump sum of$I,9G6'OOU.00. All specific cash allowances are included in the above price in accordance with Paragraph 13.O2of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual qmaniityof that item). Unit Price Work |temn Est mated nded Description sti at mat No. Price Price _ SEE ATTACHED BID SCHEDULE This document is a MODFIED version of EJCDC11 C-520,Agreement between Owner and Contractor for Construction Contract (Stipulated Price), cvpv,iutW,"zuzo National Society m Professional Engineers,American Council v/Engineering Companies, and American Society vncivi|Engineers n,is based in part vn excerpts from copyrighted EJcnc documents.All rights reserved. Those portionsof the text that originated in copyrighted EJCDC documents remain subject to the copyright Modified tv include xo edits from xus Bulletin 17oo'zo(o/zW2nzo). C-z Total of all Extended Prices for Unit Price Work (Subject to final adjustment $1,349,7I5.00 based on actual quantities) The extenced prices for Unit Price Work-set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph I3.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are tobe made byEngineer. C. Total of Lu-np Sum Amount and Unit Price Work(Subject to final Unit Price adjustment) $3,325,715.00. D. For all Work, at the prices stated in Contractor's Bid' attached hereto as an exhibit. ARTICLE 6--P4YK8ENTPROCEDURES G.I Submittal and Processing o/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. 62 Progress Payments;8eto/noge A. Owner shall make progress payments on the basis of Contractor's Applications for Payment on or about the [*] day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely nianner and otherwise meet the requirements of the Contract. All such payments will be measured by tile 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. * Axfundks become available l� 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 prevouc|y made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract, a. 95 percent of the value of the Work completed (with the balance being retainage). 1) Deleted b� 95 percent ofcost of materials and equipment not incorporated in the Work (with the balance beingretainage). B. Upon Substantial Completion of the entire construction to be provided under the construction Contract Documents' Owner shall pay an amount sufficient to increase total payment3 to Contractor to 100 per-cent of the Work completed, less such amounts set off by Owner pursuant to ParaCmph1S0lE of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prim to final payment. This document Contractor for Construction Contract — (Stipulated p,ice). copvmum�2018wavvu"|Society ofpro/eoimna|Engineers,American Council m Engineering Companies, and American Society ofCivil Engineers or is based in part on excerpts froun copyrighted EJCDC documents.All rights reserved. Those pvmnnsvf the text that originated/ncopyrighted EJcuc documents remain subject m the copyright. Modified to include xo edits rrom nusaunotin non'uo(a/zs/znzn). C's 6.3 Rno/Poymen/ A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph I5.O6of the General Conditions. 6.4 [oroen/o/Sure 4/ A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return,orrelease. 6.5 Interest A. All amounts not paid when due will bear interest at the rate ofmaximum legal rate percent perannom. ARTICLE 7--[ONTRACTDOCUMENTS 7.1 Contents A. The Contract Documents consist ofall of the following: l. This Agreement. J. Bonds: a. oedbrmance bond (together with power ofaVnrney). h. �Iayment bond (together with power ufat1orney), 3. Standard General Conditions—Part 3. 4. 5uploilementary Conditions—Part 4. 5� Specifications as listed in the table of contents of the prnject manual �e*py—e�--44 attacl4e4�_|ndudinQ Parts S'11asapplicable. S. Drawings (not attached but incorporated by reference) consisting of38 sheets with each sheet bearing the following general title:Hayf_� Lift Station& Force_Na,irl LDpIoverIents. 7. Addenda (numhers1to3, inc|usive). O. Exhibits to this Ag/eement(enumerated asfo||ovxc): a. EXHIBIT A: Contractors Bid (pages 1.to87, induuive). b. EXHIBIT B: "Other Provisions''; 9. The following which may be delivered or issued on or after the Effective Date of the [on-ractand are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. e. Warranty Bond, ifany. This document isuxxoo*/co version pvEJcoc°C*zn'Agreement between owm,andcuntmuo,mrcoost,uco^ncnnt,act (Stipulated Price), Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society ofCivil Engineers or is based in part on excerpts frorn copyrighted EJCDC documents.All rights reserved. Those portionsof the text that originated in copyrighted EJCDC documents remain subject tv the copyright. Modified tu include no edits from xuy Bulletin no*zo<s/zs/2uxo>. c~u B. The Contract Documents listed in Paragraph 701-Aare attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D� The Contract Documents may only be amended, modified, or supplemented as provided in the C-G44t/az-t General Conditions. ARTICLE 8—REPRESENTAT0NS, CERTIFICATIONS, AND STIPULATIONS 8.1 [ontrocto/zReprczcntotions A. in order to induce Owner to enter into this Contract, Contractor makes the following representations� l� [ontractor, has examined and carefully studied the Contract Documents, including Addenda. Z� Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas' and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost' progress, and performa rice of the Work. 4, Contractor has carefully studied the reports of explorations and tests of subsurface condrtions a1or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits tothe Site; the Contract Documents; and the Tecih-lical Data identified in the Supplementary Conditions or by definition, with respect to t�e effect of such information, observations, and Technical Data on (a) the cost, prwOress' and performance of the Work; (b) the means' methods' techniques, sequences' and procedures of construction to be employed by Contractor; and (c) Contractor's safety precautions and programs. G� Based on the information and observations referred to in the preceding paragraph. Contractor agrees that no further examinations, investigations, explorations, tests' stu6ss' or data are necessary for the performance of the Work at the Contract Price, within the CootractTimes' and in accordance with the other terms and conditions of the Contract. 7. Contractor-is aware ofthe general nature ofwork to be performed by Owner arid others nt the Site that relates tothe Work as indicated in the Contract Documents. 8. Contractor has given Engineer, written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents' and of discrepancies between Site conditions and the Contract Documents, and the written resmUution thereof by Engineer is acceptable toContractor. 9� The Contract DOCUrnents are generally sufficient to indicate and convey understanding ofa||terms and conditions for performance and furnishing of the Work. This document is a MODIFIED version of EJCDC`C-S20,Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Ccpyrightw 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers or is based in part an excerpts from copyrighted FJcoc documents.All rights rcsem=clL I hose portions of the text that originated in copyrighted EICDC clocurnents remain subject tn the copyright. Modified tv include au edits from ouS Bulletin zmo'2a(a/za/znzu> c.s IO. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that vvi|huut exception all prices in the Agreement are premised Upon performing and furnishing the Work required by the Contract Documents. lI- The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract, The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination ofthis contract or other legally available remedies." 12. Contractor hereby acknowledges to and for the benefit of the Owner and the Indiana Finance Authority (the "Authority^) that itunderstands the work, goods and services under this Agreement are being funded with monies made available by the State Rexoh/ing Fund Loan Program and such appropriation contains provisions commonly knoxmn as "American Iron and Steel" (and as such is supplemented from time totime by federal rules and guidance) that requires all of the iron and steel products used in the project be produced in the United States ("American Iron and Steel Requirements") including iron and steel products provided by the Contactor pursuant to thiin Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and the Authority, and agrees, that (a) the Contractor has reviewed and understands the American Iron and Steel Requirements, (b) all of the iron and steel products used in the project as provided by the Contractor underth|s Agreement will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirements and (d the Contractor will provide any further certification or assurance of compliance with this paragraph as may be requested by the Owner or the Authority. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner and the Authority to recover as damages against the Contractor (and the Contractor shall indemnify and hold the Owner and the Authority harmless against) any loss, expense or cost (including without limitation attomney's fees) incurred by the Owner or the Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Authority or any damages owed to the Authority by the Owner). While the Contractor has no direct contractual privity with the Authority, as a lender to the Owner for the funding of its project, the Owner and the Contractor agree that the Authority is a third-party beneficiary and neither this paragraph (nor any other promisiou of this Agreement necessary to give this paragraph force or effect) shall be amended nr waived without the prior written consent ufthe Authority. 11 Required Contract Provision due to SRF funding as found in Part 1I8 of the Contract Documents and Specifications: a. Attachment 8 — Required Contract Provisions Related to Davis-Bacon Act and Related Acts. b. Attachment [ — Required Contract Provisions Related to Wage-Fringe Benefit Certification. This document is a MODFIED version of EJCDC1 C-520,Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyrigh�w 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society ofCivil Engineers or is based in part on excerpts from copyrighted EJCDC documents.Ail rights reserved. Those porflonmof the text that originated in copyrighted EJCUC documents remain subject to the copyright. Modified to include nnedits from nuS Bulletin 17w*za(o/zo/znoo) c'o c. Attachment E — Required Contract Provision Related to Suspension and Debarment. d. Attachment J— Required Certification from Contractor Related to American Iron &5teei 8.2 [onUnctor's [cr �ficohono 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 Paragraph8.U2: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything ofvalue likely to influence the action of public official in the bidding process or in the Contract execution; l. "fraudulent pmctice^ means an intentional misrepresentation of facts made (a) to influence the bidding process o/ the execution of the Contract to the detriment of Owner, (b) to establish Bid o/ Contract prices at artificial non-competitive levels, or (c) tu deprive Owner of the benefits of free and open competition; 1 "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 ezecutionof the Contract. 8.3 Stonobnd5rne�u/Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are E][D['�' L'700' Standard General [onditious for the Construction Contract (2Ol8)' published by the EnCineers ]oint Contract Documents [ommittee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording Of Such published document to the Contractor, through a process such as highlighting or"track changes" (red|ine/strikeout), or in the Supplementary Conditions, This document is a MODFIED version of EJCDC1 C-520,Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copytight',')2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from copyrighted EJCDC documents.All rights reserved. Those portionsof the text that originated in copyrighted EJCDC documents rernain subject to the copyright. Modified m include no edits from nos Bulletin z7n*z6(a/zs/zozn), C-7 |N WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will 6e effective on (which is the Effective Date of the [ontract). OWNER: CONTRACTOR: City nf Richmond, India-1a' Brackney' |nc Sanitary Boardf By: By: _ (Sue Miller,, President) (individuol's sigrTiciture) Tit|e� ~, Name: | (typed o,v:wed) Date Dated: A;5______ (typed at-printed) (if Cori tractor bo corpora dnunpnrtnrohin uruioint Attest: � ~' �� Attest: V"aivmv na«/nV /mdi,auo/'zs ot"mi — Title: Denise Johnson, c�t `rdin�Secreta �_ Title: hped«'Printed) (typed»'Printed) APPROVED: By; <�] �m� Dated: Address for giving notices: Address for giving notices: 258OLibe�oerrY A»en�e__- ' Richmond, |N47374 - { } Z-�| _ DesignatedRepresprytative: . . Designated Representative: Name: _� 12 : 'tmedo/n»xt ed) (typed o,printed) Tide: |�� Title: ~Y 0r��\m�o7Topcdo'pr��d) /tynedu/pxnteW Address� Address: l|" — ��- ........... This documentis a MODFIED version of EJCDC1'C-520,Agreement between Owner and Contractorfor Construction Contract (Stipulated Price). Copyright*2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from copyrighted EJCDC documents.All rights reserved. Those nvmon,m«the text that originated m copyrighted ucoc documents,em^msubject tv the copyright. Modified tv include nm edits from nuS Bulletin z7no-2o(o/zs/2oa4 C-* • • AFFIDAVIT FOR CORPORATION By virtue of the original Articles of Incorporation or some The following officers and others are authorized to execute subsequent official action of the Stockholders or Board of contracts binding the corporation: Directors,the following are the current officers of the corporation: Chairman of the Board MARK E.BRACKNEY 1. MARK E.BRACKNEY President KEVIN BRACKNEY 2. KEVIN BRACKNEY Vice President CHRISTA WILSON 3. DOUG BRUNS 4. 5. 6. 7. Secretary CHRISTA WILSON 8. Treasurer 9. 10. Capital paid in cash When Incorporated? In wiel stale? JANUARY 1, 1993 INDIANA If a foreign corporation,give data admilled to do business In Indiana(mmIddlyy) lathe corporation In goad standing with the Secretary of State or Indiana in the matter of annual reports?YES STATE OF INDIANA --- SS. COUNTY OF FRANKLIN KEVIN BRACKNEY , being duly sworn,deposes and says:That he is PRESIDENT of BRACKNEY,INC ;the corporation submitting the foregoing statement of experience and financial position;that he has read the seine and that the same Is true knowledge;that the statement Is for the purpose of inducing the Indiana Department of Transportation to award the submitt any depository, vendor, or other agency therein named or with whom they have had business relations is hereby authorize Department with any information necessary to verify the statement. Signature of officer Sworn before me this ‘ 1.. day of Jun _ ,20 , Resident of FRANKLIN County, State of IN Notary Palo My Commission expires(ramiddlyy) V3- 01C12-5 NOTE:The Indiana Department of Transportation will not accept any document that is notarized by a notary who Is an officer,stockholder of the corporation,or by stay relative of the signatory. TINA REISTEF1 ,ativ •""" Notary Public.State of Indiana (SEAL1 Commission Number 703898 1;* *e My Commisslob Expires, August 13,2025 %moo' Page 22 Phone: 5" - ,- 74 SO Phone: 'Roc-047-65s, Email rnJk Email: ant Qbhezpncc,or.i (If Owner is a corporation,attach evidence of authority Oel License No.: 35 ' 1q725q0 to sign.If Owner is a public body,attach evidence of authority to sign and resokaion or other documents (where applicable) authorizing execution of the;Agreement.) Ti..1D(PA State: This document is a MODIFIED version of EJCDC"C-520,Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright(()2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from copyrighted EJCDC documents.All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020). C-8 CERTIFICATE OF OWNER'S ATTORNEY [ERTF|[ATEOF0VVNE''6ATTORNEY PROJECT NAME: Haye-sLift Station and Force Main Improvements Project CONTRACTOR NAME AND CONTRACT NUMBER: Bracknev' |nc. |'the undersigned, A.J,Sickman,the duly authorized and acting legal representative of the City of Richmond Sanitary District,do hereby certify as follows: I have examined the attached Contract(s) and performance and payment bond(s)and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements is adequate and has been duly executed by the proper parties thereto acting through their duly authorized representatives;that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same\n accordance with the terms,conditions,and provisions thereof. April 4. 2023 Name Date ' . Bond #9379765 PERFORMANCE BOND -__— [ Contractor � Surety � Name: Bmckney'Inc Name: Fide|hy &Deposit Company ofK0ary|and � � / Address(principal place ofbus/nan/: i Address(principo/placeofbuzmess): � 2145 State Road 1 1299 Zurich ' Brookville,IN 47012 Schaumburg,IL 60196-1056 ( � Ovvne, Contract ' | � Name: City of Richmond Sanitary Dbtr�ct Description (name and locutio/d: } � Mailing address/orimipo/placeofbusineoj: City ofRichmond � Mayes Lift Station and Force Main Improvements � 23QO Liberty Ave. � i Richmond, |N47374 � Project ' Contract � 5'3��715I0 ` � Effective Date ofContract: Bond Bond Amount: 5,3I5.715�00 ! | � Date ofBond: ' (Dote oƒBond cannot be earlier than Effective Date of Contract) Modifications tothis Bond form: � � � [8Nun�[] �eePam�raphlG ' . Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth in This \ � Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, � agent,orrepresentative, � � Contractor asPrinci~-| Surety Brackney,Inc, Fidelity lFull/b M lFvVho /name of'SuretvaForoorate � By: By: Sia6r'i4at4uMZtocf�iPt�f Attornev) Name: Ka*il,"&- _ Name: ]u(ieann]ohnston ` � (Printed ormmed) /Printedortvoed Title: Title: � ` � � Attest: Attest: +« ^ _ (Sioomtv/p) �� mp (Sionoture) ! Name: ' ` Name: _Scot Johnston � _.� 'Printed moed) (Printed ortVoed/ � Title: Title: _M a a r � � Notes:/2/Provide supplemental execution by any additional parties,such as joint venturers. (2)Any � singular reference to,Contractor, Surety, Owner, or other party is considered plural where applicable. ococ~cuou.Performance Bond. CopyrightO 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.A]/rights reserved. C-m ' L The [ontmckotr and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Ovvoe, for the performance of the Construction Contract, which is incorporated herein by reference. Z if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph S. 3. If there is no Owner Defaultunderthe Construction Contract,the Surety's obligation underthis Bond will arise a#ec Il. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Ovvne, is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Ovme, does not request a conference, the Surety may, within five (S) business days after receipt of the Owner's notice, request such a conference, If the Surety timely requests a conference, the Owner shall attend. Unless the Ovvne, agrees otherwise, any conference requested under this Paragraph Il will be held within ten (I0 business days of the Surety's receipt of the Owner's notice, if the Owner, the Contractor, and the Surety aXopp' the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner's right' if any, subsequently to declare a Contractor Default; 3.2� The Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and 3.l The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract tu the Surety ortua contractor selected to perform the Construction Contract. 4� Failure on the part of the Owner to comply with the notice requirement in Paragraph Il does not constitute a failure no comply with a condition precedent to the Surety's obligations, or release the Surety from its Obligations, except to the extent the Surety demonstrates actual prejudice, 5. When the Owner has satisfied the conditions of Paragraph 3. the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the O~no,, to perform and complete the Construction Contract; 52, Undertake to perform and complete the Construction Contract itself, through its agents o, independemtcontractno; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for ocontract to be peoared for execution by the Owner and u contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified Surety eqLivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount nf damages as described in Paragraph 7in excess of the Balance of the Contract Price incurred b?the Owner asa result of the Contractor Default; or 54 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: cJcoc°c'oz0,Performance Bond. copyrighrozuuo National svcietymprweow"a|cnoineeo'mnpncancounu/o,cnxmopnnmcvmoomes. and American Society'*Civil Engineers.All rights reserved. c-zz ' 5.41 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable afterthe amount is determined, make payment to the Owner,or 5AJ DenV liability in whole orin part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available ,o the Owner, If the Surety proceeds as provided iri Paragraph 54' and the Owner refuses the payment, or the Surety has denied liability, in whole or in part,without further notice,the Owner shall be entitled to enforce any remedy available to the Owner, 7. K the Surety elects to act under Paragraph 5.l' 5.2, or53' then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction [ontrar,,and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract, Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated, without duplication for: 7l. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 73, liquidated damages, mrifnoliquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor, 8. |f the Surety elects to act under Paragraph 5.1' 5.].or5.4.the Surety's liability b limited to the amount of this Bond. 9� The Surety shall not be liable to the Owner o, others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations, No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators, successors, and assigns, lO. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontmcts, purchase orders' and other obligations. ll, Any proceeding, legal or equitable, Linder this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part ofthe work is located and mom be instituted within two years after declaration of Contractor Default or within two years after the Contractor ceased wu,WnQ or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law,the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable, 12. Notice to the Surety,the Owner,or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. ll When this Bond nas been furnished to comply with a statutory orother |cQa| requirement inthe location where the construction was tobepeMbrmed'any provision in this Bond conf|icting with said statutory or legal irequirement will be deemed deleted therefrom and provisions conforming to such cJCoc°c-6zn. Performance Bond. conr/n*tO 2018 National Society p*Professional Engineers,American cvu"u/of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. pz2 ' . statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and riot as a common law bond. 14. Definitions 14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made touron behalf of the Contractor under the Construction Contract, I4�2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. I4.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise tu comply with a material term of the Construction Contract. 14.4, Owner Dejzu/t—Failure of the Owner, which has not been remedied o, waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents—All the documents that comprise the agreement between the Ownerand Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16. Modifications to this Bond are as follows: (Describe modification or enter"None"] ococ"cao\Performance Bond. Copyrightcl Z918 National Society of Professional Engineers,American Council of Engineering Companies, and American Society'fom|Engineers.All rights reserved. c'zs Bond #9379765 PAYMENT BOND Contractor Surety Name: Brackney,Inc Name: Fidelity&Deposit Company of Maryland Address (principal place of business): Address(principal place of business): 2145 State Road 1 1299 Zurich Way Brookville,IN 47012 Schaumburg,IL 60196-1056 Owner Contract Name: City of Richmond Sanitary District Description(name and location): Mailing address(princpol place of business): City of Richmond 2380 Liberty Ave, Hayes Lift Station and Force Main Improvements Richmond, IN 47374 Project Contract Price: $ 3,315,715,00 Effective Date of Contract: Bond Bond Amount: $3,315,715.00 Date of Bond: (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: LNoneLJSeePararaph18 Surety and Contractcr, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative, Contractor as Principal Surety Brackny,Inc, Fidelity&Deposit Comkany of mar_yjand (Full formal name of Contractor) (Full formal name of Surety),corporate seal) By: By: 1L (Signature) (Signature)(Atta Power of Attorney) Name: tAkiri T-2v-a.c,kwyle Name: Julieann Johnston (Printed or typed) (Printed or typed) Title: t-45 Title: Attorney-In-Fact Attest: e Attest: )41-ta (Signature) (Signature) Name: efiAck1)e. Name: Scott Johnston (Printed or typed) (Printed or typed) Ttle • i2 Aze Title: Manager Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party is considered plural where applicable. EICDC°'C-615,Payment Bond, Copyright`°208 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. C-14 L The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for |abor, materials, and equipment furnished for use in the performance of the Construction [ontract, which is incorporated herein by ,efeence, subject to the following terms. Z. If the Contractor promptly makes payment of all sums due to Claimants, and defends' indemnifies, and holds harmless the Owner from claims, demands' liens, or suits by any person or entity seeking payment for labcr, materials, or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. ]. If there is no Owner Default under the Construction Contract' the Surety's obligation to the Ovvnc, under this Bond will arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Paragraphl3) of claims, demands, liens, o, suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materia|z, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens,mr suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph l the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, orsuit. 5. The Surety's obligations to a Claimant under this Bond will arise after the following: 5l Claimants who do riot have a direct contract with the Contractor 5.II. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was dune o, performed, within ninety (98) days after having last performed labor or last furnished materials or equipment included intheUaim;and S.l.l� have sent Claim to the Surety(at the address described in Paragraph 13). 52 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6� If notice of non-payment required by Pamgraph5.l.l is given by the Owner tothe Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.I.1. 7, When a Claimant has satisfied the conditions of Paragraph 5.1 ur5.Z. whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1. Send anarswerto the Claimant,with a copy to the Owner,within sixty(6O) days after receipt nfrhe Claim,stadnDthe amounts that are undisputed and the basis fovchaUenginX any amounts that are disputed; and 7.2. Pay mr arrange for payment of any undisputed amounts. 73. The Surety's failure tudischarge its obligations under Paragraph 7.1o, 7.2will no, he deemed to constitute a waiver of defenses the Surety o,Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. if, however, the Surety fails to discharge its obligations under Paragraph 7.1 or7.Z' the Surety shall indemnify the Claimant for the reasonable attomey's fees the Claimant incurs thereafter tu recover any sums found tnhe due and owing to the Claimant. ucoc°sso'Payment Bond. covv,igxtOzaum National Society o,Professional Engineers,American Council of Engineering Companies, and American Society w,Civil Engineers.All rights reserved, c'o . . 0 The Surety's total obligation will not exceed the amount of this Bond, plus the amount ofreasonable attornpy's fees provided under Paragraph 73, and the amount of this Bond will be credited for any payments made |m good faith by the Surety. 9, Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bonc. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligaticns of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10, The Surety shall not be liable to the Owner,Claimants,or others for obligations of the Contractorthat are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses ofanv Claimant under this Bond, and shall have under this Bond no obligation to make payments to o, give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. Il. The Surety hereby waives notice of any change, including changes of tinnc' to the Construction Contract or to relaoted subcontracts, purchase orders, and other obligations. 12 No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the statein which the project that is the subject ofthe Construction Contract islocated ur after the expiration of one year from the date(l) on which the Claimant sent a Claim tu the Surety pursuant to Paragraph 5.1,2 or 5.2, or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) c, (Z)first occurs. |f the provisions ofthis paragraph are void orprohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable, 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown om the page on which their signature appears. Actual receipt of notice orClaims, however accomplished, will be sufficient compliance asof the date received. 14. When thi!s Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed' any provision in this Bond conflicting with said statutory orlegal requirement will be deemed deleted here from and provisions conforming»n such statutory or other te8a| requirement will be deemed incorporated herein, When so furnished, the intent /sthat this Bond will be construed asa statutory bond and not asa common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Qefinitions 16.1, Cluirn--Avvinen statement by the Claimant including a/ a minimum: I6.I1. The name of the Claimant; 16.I.2 The name of the person for vvhnnn the labor was done, or materials or equipment fu,nbhcd; 16.I,1 A copy of the agreement or purchase order pursuant to which labor, materials, or equiipment was furnished for use in the performance of the Construction Contract; 16,1,4, x brief description of the labor, materials, or equipment furnished; ococ°c-6z5'Payment Bond. c^m.ig*t4lzuxu National Society nr Professional Engineers,American Council m Engineering Companies, and American Society vv Civil Engineers,All rights reserved. c'm 16l.5. The date on which the Claimant last performed labor or fast furnished materials or equipment for use inthe performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished asof the date of the Claim; 16I7. The total amount of previous payments received by the Claimant; and 16I.& The total amount due and unpaid tm the Claimant for labor, materials, or equipment furnished asof the date of the Claim, 16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish |abor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the terms of"labor, materials, or equipment, that part of the water, gas, power, light. heat,oil,gasoline, telephone service'or enm| equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be assierted in the jurisdiction where the labor, materials, or equipment were furnished. 163. Construction [ontroct--The agreement between the Owner and Contractor identified on the cover page� including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. DmmerDe�oult—FaUure of the Owner' which has not been remedied or waived' to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documents--AU the documents that comprise the agreement between the Owner and [omtractoc 17� If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond will te deemed to be Subcontractor and the term Ownerwill be deemed to be Contractor. 18. Modifications tothis Bond are asfollows: [Describe modification or enter "None") -~---- - cJcor~c'oz5'Payment Bond. copvight4D 2cuo National Society m Professional Engineers,American Council m Engineering Companies, and American Society vv Civil Engineers.All rights reserved. c'z7 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY ANI) DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESEN'TS: That the ZURICH AMERICAN INSURANCE tOMPANY,a corporation of the State of New York, the COL,ONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMP.ANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray, Vice President, in pursuance of authority granted by Article V.Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Denise NELSON, Deborah L. WILLIAMS„lulieann JOHNSTON and Shelley M. KUHN of Columbus,OH; Kimberly A. NAG EL and Stephanie MCQUILLEN of Toledo. Oil; and Michele JAMES of Indianapolis, IN, EACH, its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver, for, and on its behalf.'as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY ANI) SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY (...)1= MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY ANI) SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 30th day of July,Al),2021. At1/4""*"..;;;" — `;51. • SEAL va,%, AllfEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY ANI)SURETY COMPANY FIDELITY ANI)DEPOSIT COMPANY OF MARYLAND Hy Robert I). Murray Vice President ,„ 11 By: Dunn E. Brown Secrekny State of Maryland County of Baltimore On this 30th day of July, A.D. 27021, before the subsci iher r Notary Public of the State of Maryland,duly commissioned and qualified, Robert D. Murray,Vice President and Dawn E.Brown,Secretary(tithe Companies,to ire personally known to be the individuals and officers described in and who executed the preceding instrument,and Acknowledged the execution of same,and being by tire duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seas affixed to the preceding instrument are the Corporate Seals of said(:oinpanies,and that the said Corporate Seals and the signature as such officer Were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I luve hereunto set my hand and affixed my Official Seal the day and year first ibose Wri It en. .00111Y0,,, "tr*NOZX Ckmstance A.Dunn,Notary Public My Commission Expires:July 9,2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 NOTICE 0F AWARD (Subject toSRF approval and finan/jn�\ _ Date o1Issuance: February 16, ZO23 Owner: Richmond Sanitary District Owner's Contract No.: TB Eng(neer: Commonwealth Engineers, Inc. Engineer's Project No.: S20150 Hayes Lift Station and Forcemain Project: Improvements Project Bidder: Brackney, |nc B/dder'sAddress� 2145 State Road l; Brookville, IN 47012 TO BIDDER: You are notified that Owner has accepted your Bid dated JaL uary3_1,_2023 for the above Project, and that you are the Successful Bidder and was awarded a Contract by the Richmond Sanitary District Board of Commissioners on February 14, 2023 for: jjgote� Lift Station and F1rcpmaiD_|mprovements Project. "This award is subject to final approval and financing by the Indiana Finance Authority's SRF Program. The Contract Price of the awarded Contract is: $3,315,7I5.O0. A set of contract documents will be sent to you for execution as soon as feasible, Please provide a copy of your Performance Bonds and Payment Bonds to be included in the contract. A notice to proceed will be issued once the contract is executed and approval and financing has been received from |FA/3RF. Owner; City of Riornond (Rich,pond Sanitary District) Authorized Signature By: Elijah Welch AUTHORITY TO SIGN February 14,2023 The Board of Sanitary Commissioners of the Sanitary District of Richmond,Indiana, met in regular session in the Council Chambers, City Building,50 N 5th Street, Richmond, Indiana,on Tuesday, February 14,2023,at 10:00 A.M. Those physically present were Pat Smoker- Director, A.1 Sickmann- City Attorney, Sue Miller- Board President, Aman Bakshi- Vice President, Greg Stiens- Board Member, .Elijah Welch- District Engineer, Jeff Lohmoeller- WWTP Maintenance Manager, Jessica Foster- Assistant Recording Clerk and WCTV. Those present virtually through Zoom were Denise Johnson-Customer Service Manager and Todd Hobson-WWTP Plant Superintendent(arrive at Item No. 4), Item No, 1,Approval of Board Minutes, was tabled for a future meeting. The first order of business was to approve invoices. The invoices were in the total amount of$240,509.53, covering January 27 and February 3, 2.023. Mr. Bakshi made a motion to approve the invoices. Mr. Stiens seconded the motion. The motion passed 3-0. The next order of business was the Director's Report. Mr, Smoker stated that the Solid Waste Department was looking at coordinating a New Paris Pike Landfill clean up and details would come at a later date. The next order of business was to receive quotes for On-Call Overhead Door & Door Repair Services. Two quotes were received, The first quote was from Scott Door Service of Richmond, IN, at the following costs: $84.50/hour for rivilar hours, $126,75/hour for overtime hours, $126.75/hour for Saturday hours, $1.69.00/hour for Sunday hours and $169.00/hour for holiday hours for 2023; $89.50/hour for regular hours, $134.50/hour for overtime hours, $134.50/hour for Saturday. hours, $1.79.00Thour for Sunday hours and $179.00/hour for holiday hours for 2024; $94.50/hour for regular hours, $141,75/hour for overtime hours, $1.41.75/hour for Saturday hours, $189.00/h.our for Sunday hours and $189.00/hour for holiday hours for 2025, The second quote was received from Overhead Door Company of Richmond, IN, at the following costs: $75.00/hour for regular hours, $11.2,50/hour for overtime hours, $150.00/hour for Saturday hours, $1.50.00/hour for Sunday hours and $150.00/hour for holiday hours for 2023. No quote was submitted for years 2024 or 2025. The quotes were referred to the board for review and recommendation at a later meeting. The next order of business was the discussion of using Sourcewell for Procurement Services, Mr. Smoker stated that Sourcewell would be a resource to price and procure highly specified goods and equipment, a similar process as the State's QPA.. Mr. Smoker stated that the City's Law and Finance departments have laid out the requirements for RSD should it decide to use such a method, Mr. Smoker also stated that in the event of a potential procurement, the purchase would be brought.before the board to be awarded, Mr. Bakshi made a motion to approve the use of Sourcewell services as presented. Mr. Stiens seconded the motion.The motion passed 3-0. The next order of business was the recommendation to approve Wastewater Discharge Permit No. P2-10-0227 for Petro Stopping Center/Blue Beacon (expiring 2/1.4/27), Mr. Shells made a motion to approve Wastewater Discharge Permit No. P.2-10-0227 for Petro Stopping Center/Blue Beacon of New Paris, Oil, effective immediately and expiring February 14, 2027. Ms. Bakshi seconded the motion.The motion passed 3-0. The next order of business was to award the bid for Hauling & Land Applying of Biosolids. Mr. Lohmoeller recommended to award the bid to Merrell Bros of Kokomo, IN, at the following costs: $0.0124/gallon. plus a mobilization/demobilization fee of$11,950.00 for dewatering, $0.247/gallon plus a mobilization/demobilization fee of$6,850.00 to haul offsite, and $0.025/g,allon plus a mobilization/demobilization fee of $6,850.00 to move biosolids from storage tank to intermediate tanks. The contract would begin 202.3 with the option to renew for five additional one-year terms at the same rate plus CPI adjustment. Mr. Bakshi made a motion to award the quote :for biosolids to Merrell Bros as presented. Mr. Stiens seconded the motion.The motion passed 3-0. The next order of business was the recommendation to approve Resolution 4-2023 for Annexation of 1204 Henley Road into the Sanitary District. Mr. Welch stated that Resolution 4-2022 would incorporate the territory at 1204 Henley Road, giving said parcel the ability to connect to existing facilities of the Richmond Sanitary District. Mr. Stiens made a motion to approve Resolution 4-2023 for the annexation of the property at 1204 Henley Road. Mr. Bakshi seconded the motion. The motion passed 3-0. The next order of business was to award the bid for the Fiayes Lift. Station & Force Main Project. Mr. Welch made a recommendation to award the bid to Brackney, Inc. of Brookville, OH, at the cost of$3,315,715.00. Mr. Welch stated that $2 million in BIL grant funds and$3,466,800.00 in local funds would be used towards both the I and Short Creek Lift Station projects, with SR.F funding the remainder. Mr. Bakshi made a motion to award the bid to Brackney, Inc, as presented.Mr. Stiens seconded the motion.The motion passed 3-0. The next order of business was to award the bid for Short Creek Lift Station Project. Mr. Welch made a recommendation to award the bid to Sunesis Construction Co. of West Chester, OH, at the cost of$5,971,800.00, Mr. Welch stated that $2 million in BIL grant funds and $3,466,800.00 in local funds would be used towards both the Hayes and Short Creek Lift Station projects,with SRF:funding the remainder. Mr. Stiens made a motion to award the bid to Sunesis Construction Co, in 2 the amount of$5,971,800.00 and subject to final approval and financing from the Indiana Finance Authority SRF Program. Mr. Bakshi seconded the motion.The motion passed 3-0. The next order of business was the recommendation to approve the Letter of Engagement with O.W.Krohn 84 Associates for SRF Bond Work. Mr. Welch stated that the O.W. Krohn would provide services related to bond work on the upcoming RSD projects. Mr. Bakshi made a motion to approve the Letter of Engagement with O.W. Krohn as presented and to authorize Sue Miller,Board President,to sign as needed. Mr.Stiens seconded the motion.The motion passed 3-0. The next order of business was the recommendation to approve the Letter of Engagement with Ice Miller for SRF Bond Work. Mr. Welch stated that the Ice Miller would provide services related to bond work on the upcoming RSD projects. Mr. Stiens made a motion to approve the Letter of Engagement with Ice Miller as presented and to authorize Sue Miller, Board President,to sign as needed.Mr.Bakshi seconded the motion. The motion passed 3-0. With no further business, Mr. Bakshi made a motion to adjour the meeting. Mr. Stiens seconded the motion. The motion passed 3-0.The meeting was adjourned at 10:36 A.M. J ca Foster,Assistant Recording Clerk Sue Miller,Board President Board of Sanitaiy Commissioners Richmond Sanitary District CERTIFICATE OF APPOINTMENT Be it known by all persons that as Mayor of the City of Richmond, Indiana, by virtue of the authority vested in me by the Acts of the Indiana General Assembly and the Ordinances of the Common Council of the City of Richmond, I hereby appoint Suzanne Miller residing at 1936 Niewoehner Road, Richmond, Indiana as a member of the Board of Sanitary Commissioners with the term expiring February 28, 2024, The foregoing appointment is hereby certified this Twenty-eighth_day of February, 2023 Mayor of the ,ity of Richmond, Indiana ACCEPTANCE AND AFFIRMATION I hereby accept the foregoing appointment and affirm under the penalties for perjury that I will support the constitutions and laws of the thiited 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 Miller Board of Sanitary Commissioners Subscribed and affirmed before me this Twenty-eighth day of February,2023, Mayor of the C.it37"Zir ichmond,Indiana ,„„ OATH OF OFFICE STATE OF INDIAA.„NA ) SS: COUNTY OF WAYNE 1, Suzanne Miller, do solemnly affirm that I will support the Constitution of the United States and the State of Indiana and the ordinance of the City of Richmond, Indiana, and that I will faithfully and conscientiously discharge my duties as a member of the Board of Sanitary Commissioners for the City of Richmond, Indiana, according to law and the best of my ability, Suzanne Miller SUBSCRIBED AND SWORN to before me this Twenty-eighth day of February,2()23. -Davi+ Sn Mayor of the :Ity of Richmond, Indiana CERTIFICATE OF APPOINTMENT Be it known by all persons that as Mayor of the City of Richmond, Indiana, by virtue of the authority vested in me by the Acts of the Indiana General Assembly and the Ordinances of the Common Council of the City of Richmond, I hereby appoint Atrial] Bakshi residing at 1437 Lakeview Court, Richmond, Indiana as a member oC the Board of Sanitary Commissioners with the term expiring February 28, 2024. ; The foregoing appointment is hereby certified this •:.,111111, Twerity-eighthday of 1;:ebrtiary, 2023 ;177 1,101 1 ,1 1L-1' I I 0,1 1,*••,,•1 11, 11F II 1, • 1, ,-1 • 1, ..1111 1 Mayor of the C ty of Richmond, Indiana l:1111 010 • :1=21 ACCEPTANCE AND AFFIRMATION I hereby accept the foregoing appointment and affirm under the penalties for perjury that I will support the constitutions and laws of the United States of America and the State of Indiana and the Ordinances of the City of Richmond astd that I will faithfully and impartially discharge my duty according to the best of my ability. Aman Bakshi Board of Sanitary Commissioners Subscribed and affirmed before me this Twenty-eighth day of February,2023. (0-0— • Sno Mayor of the ,ity of Richmond, Indiana OATH OF OFFICE STATE OF INDIANA ) ) SS: COUNTY 0.1; WAYNE ) I, Aman Bakshi, do solemnly affirm that I will support the Constitution of the United States and the State of Indiana and the ordinance of the City of Richmond, Indiana, and that I will faithfully and conscientiously discharge my duties as a member of the Board of Sanitary Commissioners for the City of Richmond, Indiana, according to law and the best of my ability. „----2 ..„- ,,, ----e---4<-t-----,-;;;7,7f1.—..,-- ( Ainan Ba_1 ,,,,---------- SUBSCRIBED AM)SWORN to before me this Twenty-eighth day of February,2023. r.------- ------,,, ayi Mayor of the C yt1hrnond, Indiana ,, II PART 9 AID DOCUMENTS 1 1 . ©2022 by Commonwealth Engineers, Inc. All rights reserved. Reproduction by any method in whole or in part without permission is pr. ibited. EXHIBIT'A' Page 1 of 87 i (s) (r) rx 14 ILI a ti .= 1°1, 1 Fl 0 u. Cr: 0 U 11) 2 6 n 44 ci. 0 - 1, kitz. ...,„0 ct (i) u_ Le LL. or4N 0,1 '''',.se. 0 -.3 Ca tt Ne ....., 0 c‘i ly, 2 2 0 ci_ N , .7.71 .c (1) CD c Cn (`) 'C E 49 4ZQ D 62 n CD ,_ a- ,5 Cl) 0 (D L- 0 a) IS CL 5 1 Cam^ d CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 52414(R2/2-13)/Form 96(Revised 2013) *< .4 Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or print) Date (month, day, year): — 3/ 1. Governmental Unit(Owner): City of Richmond Sanitary District 2. County: Wayne 3. Bidder(Firm): liief}C'A1 e Address: 2./y/ S'r/i'TEi- CityfState/ZlPcode: .6Reankv;fie N Y 7 12 4. Telephone Number: '(S- 2&, — ZY©C 5. Agent of Bidder (if applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of ihri 1/4i 4�Z 77ai/,fNO 4 ?/N (Governmental Unit)in accordance with plans and specifications prepared by Commonwealth Engineers, Inc. and dated /2 a - 2622. for the sum of ..See. /© $ The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of iAnaterlal 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 (lf 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 on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. EXHIBIT'A' Pa 2 of 8/ ACCEPTANCE The above bid is accepted this day of subject to the following conditions: Contracting Authority Membrs: PART II (For projects of$150,000 or more—IC 36-1-12-4) 7). Governmental Unit: ly 4/chmewo Bidder(Firm) RAegets ey Date (month, day, year): / 2/- 2023 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 Work Date Name and Address of Owner 7 7/0 7 *A cc-NE 6 - - ... • I 7- (-27- C'71%<PP'ieek270/00 0A-_447-e" 2. What public works projects are now in process of construction by your organization? Expected Contract Amount Class of Work Completion Name and Address of Owner Date - Y _coul;4ARy -0;1r 2a4gloo.Do Srasiiin SewetZ -25 Ce/rts)A'' le vale 8ctocoo.40, cf.)!IT-ER 3-,70 -eV C.!/7cy 45p/414i9/s64 EXHIBIT'A' PaR-4 of 87 3. Have you ever failed to complete any work awarded to you? fi 0 If so,where and why? 4. List references from private firms for which you have performed work, L.4.174o/G Co A-I A A. -FatkG GZA-.044)/Gs 174)itie alm)74;e7ivas G.A , cepTT e79t 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 enabe the governmental unit to consider your bid.) 4-61 am).s. Asc "iuJcTi4 ph .e el , 1 . 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. r EXHIBIT'A' Pa -4 of 87 3. If you intend to subl Mt 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. tam ifT7Z E ff /IZ/4f f'"G i400 v dg•rh < ,N 207/ 17144),A)4 ,5/sue/eAE. 5_ CiU&'3 T"2. 1 �poda uwT 04) 4 �37' �G ��W,` yraiar 4. What equipment do you have available to use for the proposed project? Any equipment to be used by or subcontractors e. Y-actors may also be required to be listed by the governmental unit. Sc /A A N t CA l t.t 111 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. /C5 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' Pagl.'ff 87 SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gilt, 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 R/4114K1 rld,wry this / day of „_1,aPaW042Y , 24523 4eflCAjNCv -ZNct (Narrfe of Organization) By _ _..__ JT� --� (Title of Person Signing) ACKNOWLEDGEMENT • STATE OF ,_..VLN/a//Wit ) ss COUNTY OF FRAtUi<1;04) Before me, a Notary Public, personally appeared the above-named ►v/•v �,(2Rc�.uc y _and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this ,_„9/ day of..--J. u e 4i 4 , 2©Z 3. _ 4t�LI Notary Public My Commission Expires: D 9 I 13 f 2 D.3t? ti;yv dubs, NATALIE DAVIS r—� RN� /r © <o Notary Publtc,State of Indiana County of Residence: P�A t . ) 2 SEAL 1 Fra¢ddtnCwnty i 4 y R Commission Number NP0743667 „.ghi�w �r hky Commission Expi os SotKanbor 13 2030 EXHIBIT'A' Pac-6of 87 SUBCONTRACTORS LIST WORK DESCRIPTION Midwest Mole, Inc. Boring 6814 W. 350 N. Greenfield, IN 46140 Kelley Dewatering&Construct on Co. Dewatering 5175 Clay Ave. SW Wyoming, MI 49548 Sub-surface of Indiana, Inc. Directional Bore 7225 W700S Morgantown, IN 46160 Wilhelm Lumber Sawing 9098 St. Peters Rd. Brookville IN 47012 Clearing Ludwig Contracting, Inc. Electrical Berry Electric Inc. Electrical 1698 West 750 South Trafalgar IN 46181 Meyer& Murrey Surveying Surveying 7110 Holland Rd. Brookville, IN 47012 Precise Boring of Ohio, Inc. Tunnelling 4213 Westfall RD., PO Box 722 Lancaster OH 43130 Milestone Contractors Asphalt 824 Dillon Drive Richmond, IN 47374 EXHIBIT"A Page 8 of 87 BID FORM FOR CONSTRUCTION CONTRACT CITY OF RICHMOND, INDIANA HAYES LIFT STATION AND FORCE MAIN IMPROVEMENTS PROJECT Table of Contents Article1— Owner and Bidder......................................................................................................................8 Article 2—Attachments to this Bid .............................................................................................................8 Article 3— Basis of Bid-Lump Sum Bid and Unit Prices............................................................................9 Article4— Deleted.......................................................................................................................................9 Article5— Deleted.......................................................................................................................................9 Article6—Time of Completion ...................................................................................................................9 Article 7— Bidder's Acknowledgements:Acceptance Period, Instructions,and Receipt of Addenda...10 Article 8— Bidder's Representations and Certifications...........................................................................10 This document is a MODIFIED version of EJCDC®C-410,Bid Form for Construction Contract. CopyrIghto 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers or Is based in part of excerpts from copyrighted EJCDC documents.All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Modified to include RD editsffiktif U"'.ulletin 1780-26(6/16/2020). P-7 Page 9 of 87 � / �UK� ��N� �� .�. FORM FOR ~��"~�~. ".~~~�. .��.~ ~�~�.� " ."AC" The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 1--OVVNE0 AND BIDDER 1.01 This Bid is submitted to: City of Richmond Sanitary District 2380L}bmrty Ave. Richmond, |N47374 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner |n the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE Z--&7TACH[NENTSTO THIS BID 2.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. Evidence of authority to do business in the state of the Project;or a written covenant to obtain such authority within the time for acceptance ofBids; E. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant by Bidder to obtain said license within the time for acceptance of Bids (if applicable); Required Bidder Qualification Statement with supporting data (EJCDC C-451);a+d F. Indiana State Form No.36,ao amended,with Non Collusion Affidavit; G. List m#Project Refermnces; H. Contractors Bid /EJC0C C'4l01 and Bid Schedule—Completely executed and signed; |. Acknowledgement mf Addenda Received; J. Contractors required to submit a written 9|mn for an employee drug testing program in accordance with |C4'13'18; K. Equipment Cost Schedule; L. Financial Statement for Bidders—Completely signed and executed; M. E-Kmrifw Affidavit;and N. Certificate mfNo Investment Activities|nIran. � This document Is a MODIFIED version of EJCDC*C-410,Bid Form for Construction Contract. Copyright'O 2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v*Civil Engineers n,i,based|"part vf excerpts from copyrighted E»coc documents,All rights reserved. Those portions o*the text that originated in copyrighted EJCDC documents remain subject tv the copyright. Modified t"Include nu,d Uftu|leun17nn'z6(6Yz6/aoan). p* Page 1nmer u / 2.83 The following documents are tobw submitted Mth|n five (5) days after Bid Opening. Failure to submit these additional documents shall be reason to reject the bid as non-responsive: A. SNF0mcumnemts 1. Forms OEE-1 and OEE'2 3. Documents demonstrating compliance with six(G)affirmative steps 3. Good Faith Efforts Wmrkshemt 4. Bidders List Form(to be used 6y prime contractor for recording of sub-contractor bids) 5. Attachment J - Required Certification from Contractor Related to American Iron and Steel B. Schedule of Values ART|CLE3--8AS�IS OF BID—LUMP SUM BID AND UNIT PRICES 3.01 Lump Sum Bids A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s), together with any Unit Prices indicated in Paragraph 3.02: SEE ATTACHED BID SCHEDULE B, Bidder acknowledges that: 1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and Z. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 4—DELETED ARTICLE 5—DELETED ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Deleted 6.83 0m|mtwd 6.04 Bidder accepts the provisions of the Agreement as to liquidated damages. This document is a MODIFIED version of EJCDC*C-410,Bid Form for Construction Contract. CopyrightO 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society ufc*U Engineers",is based In part of excerpts from copyrighted EJCDC documents.All rights reserved, Those portions pf the text that originated|n copyrighted xucoC documents remain subject to the copyright. Modified tv include noocli H=tin 1780'26(6/1eY2020). r'n ARTICLE 7—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 7.01 Bid Acceptance Period A. This Bid will remain subject to acceptance for 69 days the number of days after the Bid opening as specified in the Advertisement for Bids, or for such longer period of time that Bidder may agree toin writing upon request ofOwner. 7.0I Instructions toBidders A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition mf Bid security. 7.83 Receipt mfAddenda A. Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Addendum Date ARTICLE 8—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS 8.01 Bidder's Representations A. in submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. Z. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance Vf the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site that have been identified in the Supplementary Conditions,with respect to the Technical Data |n such reports and drawings. 5. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits tothe Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions orby definition, with respect to the effect of such information,observations, and Technical Data on(a)the cost,progress,and performance of the Work; (b) the means, methods, techniques, sequences, and procedures ofconstruction to be employed by Bidder, if selected as Contractor; and (c) Bidder's([ontractor's) safety precautions and programs. This document Is a MODIFIED version ofocuc1c'4o\Bid Form for Construction Contract. cnpyhghtOaozm National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers or Is based In part of excerpts from copyrighted EJCDC documents.All rights reserved. Those portions vf the text that originated i hted EJCDC documents remain subject tv the copyright, Modified m Include xowu| U��vKetin 1780'26(6/16/2020). P'zo page �zo�o/ 6. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no 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. 7. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 8. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and ofdiscrepancies between Site conditions and the Contract Documents,and the written resolution thereof by Engineer is acceptable toContractor. 9. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 8D2 8/dde,'sCertificcrtioos A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf mfany undisclosed individual qr entity and /s not submitted in conformity with any collusive agreement or rules of any group, association, organization, orcorporation. Z. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited urinduced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.OZA a. Corrupt practice means the offering,giving, receiving,orsoliciting of anything of value likely to influence the action ofo public official in the bidding process. b. Fraudulent practice means an intentional misrepresentation of facts made (a)to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c)to deprive Uxvnpr of the benefits of free and open competition. c. Collusive practice means ascheme or arrangement between two ormore Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d. 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. This document Is a MODIFIED version vysJcm*s*n\Bid Form for Construction Contract. cvpv*ght'Donzo National Society vf Professional Engineers,American Council vv Engineering Companies, and American society vf Civil Engineers v,h based|n part nfexcerpts from copyrighted cJcoc documents.All rights reserved. Those portions vf the text that originated incv i h deJcocdvmnnw"t,,wmna|novb0pct tv the copyright. Modified t^inc|v ; q of 87 W"Bu|let|nzrmn'aa<n/za/unan>. paz BIDDER hereby submits this Bid as set forth above: Bidder: afACA-2 y (typed br printed name of organization) By: (individual's signature) Name: see; 0, -- (typed or printed) Title: 349417- (typed or printed) Date: 2e5) -9 (typed or printed) if Bidder is a corporation,a partnership, or a joint venture,attach evidence of authority to sign. Attest: (individual's signature) Name: aim ce4i r y (typed or printed) Title: (typed or printed) Date: / (typed or printed) Address for giving notices: if? i Bidder's Contact: Name: h41..),e,V aaACRA)e (typed or printed) Title: gees/46-AJT (typed or printed) Phone: ‘.6/7- I Email: Address: 2/9-5— S-cgr ...-/Pew Bidder's Contractor License No.: (if applicable) 2-5-4t0 This document is a MODIFIED version of EICDC®C-410,Bid Form for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers or is based in part of excerpts from copyrighted EICDC documents.All rights reserved. Those portions of the text that originated in copylIghted EJCDC documents remain subject to the copyright. Modified to include RD editeaftigeiii-C*Ifrilletin 1780-26(6/16/2020). P-12 / / DRUG TESTING OF EMPLOYEES OF PUBLIC WORKS CONTRACTORS Pursuant to Indiana Code 4-13-18,the Contractor hereby certifies that the Employee Drug Testing Plan provided is in accordance with IC 4-13-18, or provides evidence of being subject to a collective bargaining agreement as required in IC 4-13-18. Written Signature: - k Printed Name: Title: gESMEA,7 STATE OF --/A-$481,41oft- SS: COUNTY OFFkii/u/?/;A) Subscribed and sworn to before me this 3( day of __.-1,4,okiivzr , 202 A • 3, . My commission expires: Ockt/31 2.0'60 (Signed) 3JtL . Residing in KkA.K(.'rd County Printed Name: VA CA-C.V 6 Uck, .1C State of .._L(.)o I iq.As k ota::‘'1:—N'',, ra fy Public.State of Indiana 1 ( F C ilsiiiLio moidin CountY . myscevot Number HP074301/ rilmaioni3C-A20030ros Attach Employee Drug Testing Plan EX : :4'A' Page 15 of 8 7 /q/ BRACKNEY, INC 2145 STATE ROAD 1 BROOKVILLE, IN 47012 PHONE: 765-647-6551 FAX: 765-647-5521 OHIO DRUG-FREE WORKPLACE POLICY DFWP COMPARABLE PROGRAM I STATEMENT OF POLICY Brackney, Inc. believes that it is very important to provide a safe workplace for all of its employees. The Company is taking steps to address the problem of substance use that negatively affects every workplace, including ours. Our Company is concerned with the health and well being of all ernployees. Behaviors related to substance use can endanger all employees, not just substance users. We can't condone and won't tolerate behaviors on the part of employees that relate to substance use, such as: a. use of illegal dr-igs; b. misuse of alcohol; c. sale, purchase, transfer, trafficking, use or possession of any illegal drugs; d. arrival or return to work under the influence of any drug (legal or illegal) or alcohol to the extent that job performance is affected. Management is fully committed to our Drug-Free Workplace Policy which establishes clear guidelines for acceptable and unacceptable employee behavior for everyone in the workplace. We will not tolerate substance use in violation of this Policy and intend to hold everyone reasonably responsible for supporting the Policy. This document (Policy) describes our Company's Drug-Free Workplace Program, and every employee is expected to read and understand it. The Policy applies to every employee who wcrics at a job site in the state of OHIO. The consequences stated in this Drug-Free WorkpLace Policy will apply to anyone who violates the Policy. Brackney, Inc. holds all employees accountable in terms of substance use but also supports getting help for employees. Employees who come forward voluntarily to identify that they have a substance problem will receive Company support and assistance. However, if an employee has a substance problem and does not come forward, and the employee than tests positive for drug or alcohol use in violation of the Policy, the Company reserves the right to terminate employment for violation of this work rule. Employees whose jobs are subject to any special law or regulation may face additional requirements in terms of substance use. Other consequences that apply to all employees who violate this Policy are spelled out within this document. EXHIBIT'A° Page 16 of 67 This program will go into effect within 30 days of the announcement of our Drug-Free Workplace Program and this new Policy that describes our program. Our Policy covers five key parts of the Company's Program. The five parts are: * a written policy that clearly spells out the program rules and how everyone benefits. * annual substance awareness education for all employees. * training for supervisors regarding their responsibilities. * drug and alcohol testing, the most effective way to change harmful behaviors related to substance abuse * employee assistance. Employees will have the opportunity to receive information about how substance use is a problem affecting the workplace. You will learn the signs and symptoms, dangers of use, and how and where to get help for yourselves and your families. Janie Stivers & Christa Wilson will be our Drug-Free Coordinator so every one knows who to go to for information or help. They will be responsible for arranging drug and alcohol testing, as needed, and will have a list of places that employees can turn to for help for themselves and/or their families. They will also arrange to get knowledgeable presenters to educate our employees about substance use. PROTECTIONS FOR EMPLOYEES This program is designed to protect employees from the behaviors of substance users. Some of the protections built into the program are: Employee records like testing results and referrals for help will be kept confidential. Information will be on a need—to-know basis. Any violation of confidentiality rights is subject to disciplinary action up to and including termination of employment. • We're committed to employees who have a substance problem getting help. Each situation will be reviewed individually. Employee assistance is available for employees and their families. A list of resources is available through our Drug-Free Coordinators and posted in the break room. We want you to come forward if you have a substance problem and not wait. If you test positive, you are risking losing your job. We don't want that to happen. • All supervisors will be trained in their duties related to testing before this program begins. • All employees will receive awareness education every year to help identify problems and learn where employees can go for help. • Collection of urine specimens and breath testing will be done at a local clinic,and urine drug test specimens will be analyzed by a laboratory certified by the federal government. These labs use the highest level of care in ensuring that results are accurate,and the process that's used is 100% accurate in detecting that the substances that the Company is concerned about are present in the employee in sufficient quantity to lead to behaviors that may hurt the person or other employees. The lab will work closely with our local clinic to ensure fairness and accuracy of every test,and we also have a Medical Review Officer(called an MRO)a trained physician responsible for checking whether there's a valid reason for the presence of the substance in the employee's system. The MRO is an expert in drugs and alcohol. When the MRO receives positive test results,the MRO will contact the employee and any appropriate health care provider to determine whether there is a valid reason for the presence of the drug in the person's system. • The testing program consists of an initial screening test. If the initial results are positive,then a second test is used. Cut-off levels for each drug and for alcohol are established for what will be considered a positive test. These levels show that the employee didn't just have a little of the sub- stance in his or her system but enough to affect workplace safety and the ability to do the job. These cut-off levels come from federal guidelines and are fair for all employees. EMPLOYEE AWARENESS EDUCATION: EXHIBIT A Page 17"of 87 Every employee will attend a I hour session in which this policy is discussed. You will have a chance to ask questions. We'll give everyone a copy of our written Policy, and everyone will be expected to sign that they received it. Later, we'll have a qualified person explain why and how substance use is a workplace problem, the effects, signs/symptoms of use,effects of commonly used drugs in the workplace,and how to get help. There will be a minimum of one hour of substance education annually for all employees. New employees will hear about the program during orientation and will receive substance education as soon as possible thereafter. SUPERVISOR TRAINING: Every supervisor will attend a 2 hour session plus I hour with the rest of the employees and will be trained to recognize substance problems that may endanger the employee and others as well as violate this Policy. Supervisors will be trained about testing responsibilities, how to recognize behaviors that demonstrate an alcohol/drug problem and how to make referrals for help. DRUG AND ALCOHOL TESTING: Testing will be used to detect problems, get employees not to use substances in a way that they violate our Policy and then allow us to take appropriate action to correct the situation. In addition to alcohol, the drugs that we're testing for are; • Amphetamines(speed,uppers) • Cocaine(including crack cocaine) • Marijuana • Opiates(codeine, heroin,morphine) • Phencyclidine(PCP,"angel dust") EMPLOYEE ASSISTANCE The Company believes in offering assistance to employees with a substance problem. We don't have a rehabilitation program and can't afford to pay for someone to attend a program, but we are supportive of employees taking action on their own behalf to address a substance problem. We have a list of local community resources o give to employees who come forward voluntarily to seek help. The list includes places to go for an assessment and for treatment. When an employee has a substance problem, we'll meet with the employee to discuss the problem and any violation of the Policy. The Company reserves the right to terminate based on a positive test. II WHEN WILL A TEST OCCUR? Employees will be tested for the presence of drugs in the urine and/or alcohol on the breath under any and/or all of the conditions outlined below: A. PRE-EMPLOYMENT MEDICAL EXAMINATION AND DRUG TESTING As part of the Company's employment procedures,all applicants will be required to undergo a,pre- employment medical examination and a drug test conducted by a contractor the Company designates. Any offer of employment depends upon satisfactory completion of this examination and/or screening, and the determination by the Company and its examining physician that the person is capable of performing the responsibilities of the position that has been offered. EXHIBIT A' Page 18 of 87 B. REASONABLE SUSPICION TESTING Reasonable suspicion testing will occur when management has reason to suspect that an employee may be in violation of the Policy. The suspicion will be documented in writing prior to the release of the test findings. A reasonable suspicion test may occur based on: 1, Observed behavior,such as direct observation of drug/alcohol use or possession and/or physical symptoms of drug and/or alcohol use; 2, A pattern of abnormal conduct or erratic behavior; 3. Arrest or conviction for a drug-related offense,or identification of an employee as the employee is responsible for notification of the Company,within five(5)working days, of any drug-related conviction; 4. Information provided either by reliable and credible sources or independently corroborated regarding an employee's substance use;or 5. Newly discovered evidence that the employee has tampered with a previous drug or alcohol test. Reasonable suspicion testing does not require certainty,but mere"hunches" are not sufficient to justify testing To prevent this,ail managers/supervisors will be trained to recognize drug and alcohol-related signs and symptoms. Testing may be for drugs or alcohol or both. C. POST-ACCIDENT TESTING Post-accident testing will be conducted whenever an accident occurs, regardless of whether there's an injury. We consider an accident an unplanned,unexpected or unintended event that occurs on our property, during the conduct of our business,or during working hours,or which involves one of our motor vehicles or motor vehicles that are used in conducting company business,or is within the scope of employment,and which results in any of the following: (i) A fatality of anyone involved in the accident; (i i) Bodily injury to the employee and/or another person that requires off-site medical attentions away from the Company's place of employment; (iii) Vehicular damage in apparent excess of$3,000.00;or (iv) Non-vehicular damage in apparent excess of $3,000.00. When such an accident results in one of the situations below,any employee who may have contributed to the accident will be tested for drugs or alcohol use or both. DRUG AND OR ALCOHOL TESTING AFTER AN ACCIDENT Urine specimen collection (for drugs)or breath/saliva(for alcohol) is to occur as quickly as possible after a need to test has been determined. At no time will a urine specimen be collected after 32 hours from the time of an employment-related incident. Breath or saliva alcohol testing will be performed as quickly as possible, but no later than eight hours after the incident, or it will be documented but not performed. lithe employee responsible for an employment-related accident is injured, it is a condition of employment that the employee grants the company the right to request that attending medical personnel obtain appropriate specimens (breath, urine and/or blood) for the purpose of conducting alcohol and/or drug testing. Further, all employees grant the Company access to any and all other medical information that may be relevant in conducting a complete and thorough investigation of the work-related accident including a full medical report from the examining physician(s) or other health care providers. A signed consent to testing form is considered a condition of employment. Management reserves the right to determine who may have caused or contributed to a work-related accident and may choose not to test after minor accidents if there is no violation of a safety or work rule,minor damage and/or injuries and no reasonable suspicion. EXHIBIT'A° Page 19 of 87 D. FOLLOW UP TESTING AFTER RETURN-TO-DUTY FROM ASSESSMENT OR TREATMENT This test occurs when an employee who has previously tested positive and the decision is made to not terminate the employee under a"last-chance" agreement. A negative return-to-duty test is required before the employee will be allowed to return to work. If the employee fails this test, this will lead to termination of employment. Once an employee passes the drug and/or alcohol test and returns to work, management may choose to do additional unannounced tests for as long as we deem necessary. Any employee with a second positive test result will be terminated. Follow-up tests will be unannounced and may occur at any time for a time period that management considers reasonable. The intent is to deter any subsequent usage that would result in a violation of our Policy and result in termination of employment. III SUBSTANCES TO BE TESTED FOR AND METHODS OF TESTING The procedure that we're relying on is called systems presence testing. This is how qualified testing professionals identify the presence of one or more of prohibited controlled substances or alcohol that may be present in the employee. There is an initial screening test. If it's negative, then a negative test is declared. If the initial test is positive (comes in at or higher than the cut-off level), a second test called a "confirmatory" test is done. This is a different test and is considered 100% accurate by experts and in court. Cut-off levels are standards that have been established each of the tested drugs after years of research. These levels will be used to interpret all drug screens/tests, whether for a pre-employment examination,reasonable suspicion test,post accident test or follow up test. Breath alcohol testing will be conducted by a medical clinic that uses only certified equipment and personnel. Breath alcohol concentrations exceeding.04 will be considered a verified positive result. In the event of an accident where an employee has"whole blood" alcohol drawn at a medical treatment facility, a result equal to or greater than .04 shall be considered to be a verified positive result. An Evidentiary Breath Test(EDT)will typically be used to confirm any initial positive test result. The Company also reserves the right to add or delete substances on the list above, especially if mandated by changes in existing Federal, State or local regulations or laws. An employee who adulterates, attempts to adulterate or substitutes a specimen or otherwise manipulates the testing process will be terminated. A refusal to produce/provide a specimen is considered a positive test unless there's a verifiable medical reason that the specimen could not be produced. IV SPECIMEN COLLECTION PROCEDURE Urine specimens and breath testing will be conducted by trained collection personnel who meet standards for urine collection and breath alcohol testing Confidentiality is required from our collection sites and labs. Employees are permitted to provide urine specimens in private, but subject to strict scrutiny by collection personnel so as to avoid any alteration or substitution of the specimen. Breath alcohol testing will likewise be done in an area that affords the individual privacy. In all cases, there will only be one individual tested at a time. Failure to appear for testing when scheduled shall be considered refusal to participate in testing, and will subject an employee to the range of disciplinary actions, including dismissal, and an applicant to the cancellation of an offer of employment. An observed voiding will only occur if there is grounds for suspecting manipulation of the testing process. EXHIBIT Page 20 of 87 V REVIEW OF TEST RESULTS To ensure that every employee who is tested is treated fairly,we have hired a Medical Review Officer ("MRO"). The MRO is a doctor with a specialized knowledge of substance abuse disorders and will be able to determine whether there are any valid reasons for the presence in the employee's system of the substance that was tested positive. VI EMPLOYEES'RIGHTS WHEN THERE'S A POSITIVE TEST RESULT An employee who tests positive under this Policy will be given an opportunity to explain the findings to the MRO prior to the issuance of a positive test result to the Company. Upon receipt of a confirmed positive finding,the MRO will attempt to contact the employee by telephone or in person. If contact is made by the MRO, the employee will be informed of the positive finding and given an opportunity to rebut or explain the findings. The MRO can request information on recent medical history and on medications taken within the last thirty days by the employee. If the MRO finds support in the explanation offered by the employee, the employee may be asked to provide documentary evidence to support the employee's position (for example, the names of treating physicians, pharmacies where prescriptions have been filled, etc.). A failure on the part of the employee to provide such documentary evidence will result in the issuance of a positive report by the MRO with no attendant medical explanation. A medical disqualification of the employee will result. If the employee fails to contact the MRO as instructed, the MRO will issue a positive report to the Company. VII REPORTING OF RESULTS All test results will be reported to the MRO prior to the results being issued to the company. The MRO will receive a detailed report of the findings of the analysis from the testing laboratory. Each substance tested for will be listed along with the results of the testing. The company will receive a summary report, and this report will indicate that the employee passed or failed the test. All of these procedures are intended to be consistent with the most current guidelines for Medical Review Officers,published by the federal Department of Health and Human Services. VIII STORAGE OF TEST RESULTS AND RIGHT TO REVIEW TEST RESULTS All records of drug/alcohol testing will be stored separately and apart from the employee's general personnel documents. These records shall be maintained under lock and key at all times. Access is limited to designated company officials. The information contained in these files shall be utilized only to properly administer this Policy and to provide to certifying agencies for review as required by law. Designated company officials that shall have access to these records are charged with the responsibility of maintaining the confidentiality of these records. Any breach of confidentiality with regard to these records may be an offense resulting in termination of employment. Any employees tested under this Policy have the right to review and/or receive a copy of their own test results. An employee may request from the Drug-Free Coordinators, in writing, presenting a duly notarized Employee Request for Release of Drug Tests Results form, requesting that a copy of the test be provided. The company will use its best efforts to promptly comply with this request and will issue to the employee a copy of the results personally or by U.S. Certified Mail,Return Receipt Requested. IX POSITIVE TEST RESULTS Employees who are found to have a confirmed positive drug or alcohol test will be immediately taken off safety-sensitive duties and are subject to discipline up to and including termination. X TERMINATION NOTICES EXHIBIT A' Page 21 of 87 In those cases where substance testing results in the termination of employment,all termination notices will list"misconduct"as the reason. Termination shall be deemed"for cause." MARCH 2004 EXHIBIT"A" Page 22.of 87 8 8 8 8 8__ 8 8 8 8 8 8 8 8 8 8 8 8 „ yyyyy1II ' V Q O v1 v; ./1 m f� m am O N Vl u) �fl N in 1 }, �1 co m m m ,I4Q+ rO 0 g N VD v1 N vl vl v1 AA WI in VI './1 VI V1 VI v. VI 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 g E 8 8 m m M m m 84V11 g• v, I a ut to M H .n In h v, to h w to tov, v9 7 c. c 2 .) u p o 2 a2 d U a X u r v c U Q �� g 5 o w wF. �3 c © 3 e V 8 $ 8 o q s E A O © A A v v 0 v a 11 c $ o 8 r r r _ = r a L n e �' U $ w a c w w r v peg _ w 4 z 8 8 r aa c a $o I. o kir E. i x z zr c Q co� � -E. LQ Up p _ p p Z.ON. � N •c+ m n oZ Z ; co IN IN a d U (L 01 u. N 1 U> K Q7.1 S Q Q t cr N N t re CC a i 9 © > > > > > S © r> 0_ a a z A Q z Ua o aaE � Q Q Q Q a W z f r N 0 o 0_ � 5 z a z W, o Ic cc cs m ec i O© . 0 0 V I IL NS B 4 Q Q Q Q zQ 0 0 a z z a z z z a0 0 0 0 o 0 Q d F. cc r—J` a is i i z z. o `G :c� ❑ rr • © ® m f x z. z z z Z a 5 • a 7 8 8 © o 8 O 8$ v�. 8 LL W O © V O a 8 8 O 8 8 Q 8 a a 8• O 1 8 8 �i'i o n o o o a o ;o © c� ... an7_._.... _ a . _ 8 . —il §." § en Pa 1 _cE rn' 1—... ." .., vt in N N In — § § § . § § vo .-4 A 1 ''' k . g ._. .i '16; p — ..r. v. v. v. t'l d E 81T k 3 d I f r • 'E n f: e ,..4 a 5 A ..?; .. -E, 2 2 e c . M -0 C % X g r U 114 1 -‘) -I 2 W > -c. c no c '2 ., A 'A 3 c c c 5 cit -6 t . -,-, -0 V C C '0 1" Z l' C g g ••• .0 C J i 1 A A. -43 S 1 g 0 .2 .. t O Z 0 ,....6 4+ g 4. c 0 ..c. N. 5 CC) 5 - - d_ cs9. n ____n 9 .i n ,.9 i p) 2 M 06 k. .-, ILI ,11 0_ 2P 5 -, -, n en ..... -4 Vf 0 Z .< .., ° I- 2 re' Li) A D = ul * Q V e 2 1 8 tr. E z .E 1 ril Fu 2 z t 0 0 DI 8 -2 , 7 u, 0 at 0 r g .,e z 2 6 0 v . 2 i a5 w z z u. t) cc 1 Y. a z a 8 ra i VA I= 1 3 i .a 2 . z ...:2 1 Z c$ Q C O C I CI• . ; 6 * ... ,4 7 ffi ffi r E 1 1 o 2 ES r w i w c w 2 .V.* 1J a a 0 a 8 a 8 4 i 1 ,; •-.1 ,rn •-I 0;) .-1 0 _ . CITY OF RICHMOND SANITARY DISTRICT HAYES LIFT STATION AND FORCE MAIN IMPROVEMENTS PROJECT Equipment Cost Schedule & Manufacturer (Equipment Cost) The Contractor shall fill this form in and submit with the Bid ITEM Description Manufacturer Amount DS-22 Hayes Lift Station Valves De-2. Milt< 3S-V10,60 DS-22 Hayes Force Main Valves RI.- tiviArte. Submersible Chopper L- DS-25 Vaughan Pump 463 ice)00 DS-26 Portable Backup Pump Godwin /°Siva,co DS-28 Instrumentation and Control S fie lePai;PME_Arr 2.550oo.oo EX11)141361 Page 25 of 87 ARTICLE 1—GENERAL INFORMATION 1.01 Provide contact i.formation for the Business: Legal Name of Business: /3R AC Y c , Corporate Office Name: /11,51,74 cgio e y Phone number: N.6"--. e v7- Title: PRE-14(1,4T -I Email address: _Aikiz4kiversyjne4A/Ahry, Business address of corporate office: RA CRNEY ZA 4, , Cofil e./ vs- SrsizTe 494 R ye:4(44A Zu X/ Local Office Name: Phone number: Title: Email address: Business address of local office: 1.02 Provide information on the Business's organizational structure: Form of Business: D Sole Proprietorship 0 Partnership Corporation 0 Limited Liability Company 0 Joint Venture comprised of the following companies: 1. 2. 3. Provide a separate Qualification Statement for each Joint Venturer. Date Business was formed: State in which Business was formed: Is this Business authorized to operate in the Project location? 0 Yes 0 No El Pending 1.03 Identify all businesses that own Business in whole or in part (25% or greater), or that are wholly or partly(25%or greater)owned by Business: Name of business: Affiliation: Address: Name of business: Affiliation: Address: Name of business: Affiliation: Address: EJCDC C-451,Qualifications Statement. Copyright()2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. EXP148r'A' Page 26 of 87 I 1.04 Provide information regarding the Business's officers, partners, and limits of authority. Name: ji , J 3RAckAiet Title: .6 r Authorized to sign contracts: V.Yes 0 No Limit of Authority: $ Name: FAINVIELLE11111182151 64r Authorized to sign contracts: g Yes 0 No Limit of Authority: $ Name: IMIMIIMMINEEZI Authorized to sign contracts: 0 Yes 0 No Limit of Authority: $ Name: ARTICLE 2—LICENSING 2.01 Provide information regarding licensure for Business: Name of License: Licensing Agency: License No: Expiration Date: Name of License: Licensing Agency: License No: Expiration Date: O Not Applicable ARTICLE 3—DIVERSE BUSINESS CERTIFICATIONS 3.01 Provide information regarding Business's Diverse Business Certification, if any. Provide evidence of current certification. Certification Certification Certifying Agency Date O Disadvantaged Business Enterprise O Minority Business Enterprise Woman-Owned Business Enterprise 0 Small Business Enterprise O Disabled Business Enterprise 0 Veteran-Owned Business Enterprise 0 Service-Disabled Veteran-Owned Business O HUBZone Business(Historically Underutilized) Business 0 Other O None EJCDC C-451,Qualifications Statement. Copyright o 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. EX 44119-°A' Page 27 of 87 ARTICLE 4—SAFETY 4.01 Provide information regarding Business's safety organization and safety performance, Name of Business's Safety Officer: l�' / -��x^�� r'��mS Safety Certifications Certification Name Issuing Agency Expiration - 4.02 Provide Worker's Compensation Insurance Experience Modification Rate(EMR),Total Recordable Frequency Rate (TRFR) for incidents, and Total Number ofRecorded k4anhours (MH) for the last 3 years and the EMR,TRFR, and MH history for the last 3 years of any proposed Subcontractor(s) that will provide Work valued at 10% or more of the Contract Price. Provide documentation of the EK4R history for Business and 5ubcontractor/s\. _ Year 26 _ 00 2 21 Company EMR TRFR MH EK8K TRFR MH EK8R TRFR MH 90 7824'Y1,02 ?,-50 71101 1,39 0. Co ��2 ART|CLE5--PKNANCIIAL 5.01 Provide information regarding the Business's financial stability. Provide the most recent audited financial statement, and if such audited financial statement is not current, also provide the most current financial statement. Financial Institution: -� sr / /� SreeE7- 8usinessuddress Date nfBusiness's most recent financial statement: -3/. 92)2/ O Attached Date of Business's most recent audited financial statement: Si Financial indicators from the most recent financial statement Contractor's Current Ratio (Current Current Liabilities) ��/� � ^, ^ ',~~/.~~~ Contractor's Quick Ratio (([ash and Cash Equivalents+Accounts Receivable+ i I Short Term Investments) +Current Liabilities) EJcocc-4s1,Qualifications Statement. CopyrightO 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society mf Civil Engineers.All rights reserved. Ex1RHaOn'*' Page zav,ar 9 ARTICLE 6—SURETY INFORMATION 6.01 Provide information regarding the surety company that will issue required bonds on behalf of the Business, including but not limited to performance and payment bonds. Surety Name: /4e44 e Surety is a corporation organized and existing under the laws of the state of: Is surety authorized to provide surety bonds in the Project location? 1,21 Yes El No Is surety listed in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" published in Department Circular 570 (as amended) by the Bureau of the Fiscal Service, U.S. Department of the Treasury? 2 Yes 0 No Mailing Address / 2 91 2.4a/CA Ci)45/ (principal place of business): gA44olief1-Z-4 6.0 r Physical Address (?ee GA,TES,4244) ?a le ,96 (principal place of business): vaittfipo 1‘s' -1-)v 544 294) Phone (main): sop 0 4 Phone (claims): g _ 74 _2424 ARTICLE 7—INSURANCE 7.01 Provide information regarding Business's insurance company(s), including but not limited to its Commercial General Liability carrier. Provide information for each provider. Name of insurance provider, and type of policy (CLE, auto,etc.): Insurance Provider Type of Policy(Coverage Provided) g - 44Nvia/beeext€174q/-4Akirse"Axe a •+%se 1&41 I QdrAie.e/9/ /*A4P4it(VVy 4E '7- ' 0/I/© e4.4 4(47 bly te•Cs2AiCoE an.J(IIIIVAD MARI A) Are providers licensed or authorized to issue policies in the Project location? 3 Yes 0 No Does provider have an A.M. Best Rating of A-VII or better? k Yes 0 No Mailing Address 744 nedX AlgeAMUcE‘24occp (principal place of business): Ge)e//4)4 0 (zi4y RY 5/0s-63 Physical Address W4v 4 ews .. .et,ste,fAtAkw (principal place of business): 7i<r -4-46 3 Phone (main): e C.3- 7 7/ Phone (claims): 3- 27/ EJCDC C-451,Qualifications Statement. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. EX tfraf'A' Page 29 of 87 ARTICLE 8--COWSTRWK3F ON EXPERIENCE 8.01 Provide information that will identify the overall size and capacity of the Business. Average number of current full-time employees: ^Estinnateofrevenueforthecurrentyeac Estimate nf revenue for the previous ' 0.02 Provide information regarding the Business's previous contracting experience. Years of experience with projects |iketheproposedpnject: � Asa general cnntmctoc | q�� Asa joint ventunec | � Has Business, or predecessor in interest, or an affiliate identified in Paragraph 1D3: Been dbquaNfiedasa bidder bvany local, state, wr federal agency within the last Syeom? []Yes �A No Been barred from contracting by any local, state, or federal agency within the last 5 years? []Yes 29No Been released from a bid in the past Syears? []Yes V9No Defaulted on a project o rhai|�d to comp|eteanynontra�taxvanded to h7 []Yes i� No _ Refused to construct or refused to provide materials defined in the contract documents or in a change order? []Yes 4No Been a party to any currently pending litigation or arbitration? 0Yes g� No � � � � Provide full details inaseparate attachment if the responseto any of these questions isYes. 8.03 List all projects currently under contract in Schedule Aand provide indicated information. 8.04 List minimum of three and a maximum ofsix projectsconnp|etad in the last S years inSchedule 8 and provide indicated information to demonstrate the Business's experience with projects similar in type and cost ofconstruction. 8.05 In Schedule C, provide information on key individuals whom Business intends to assign to the Project. Provide resumes for those individuals included in Schedule C. Key individuals include the Project Manager, Project Superintendent, Quality Manager, and Safety Manager. Resumes may be provided for Business's key leaders aswell. ARTICLE 9—REQUIRED ATTACHMENTS 8.01 Provide the following information with the Statement ofQualifications: A. If Business is a Joint Venture, separate Qualifications Statements for each Joint Venturer, as required iuParagraph 1.03. B. Diverse Business Certifications if required by Paragraph 3.O1. C. Certification of Business's safety performance if required by Paragraph 4.02. D. Financial statements asrequired by Paragraph 5.01. ococc4sx'Qualifications Statement. Copyright'D 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. ExIOLISJT./Y Page 30 o,a/ E. Attachments providing additional information as required by Paragraph 8.02. F. Schedule A(Current Projects) as required bvParagraph 8.03. G. Schedule B (Previous Experience with Similar Projects) as required by Paragraph 8.04. H, Schedule (Key Individuals) and resumes for the key individuals listed, as required by Paragraph8D5. i Additional items aspertinent. cJcDcC-os1,Qualifications Statement, CopyrightO 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society vf Civil Engineers.All rights reserved. This Statement of Qualifications is offered by: Business: 8Rilek/ucy (typed or printed name of organization) By: (individual's signature) Name: k/ea/:() ;Oiencie/aY 453/4FAIT- (typed or printed) Title: (typed or printed) Date: (date signed) (If Business is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: (individual's signature) Name: iejet)/:0 A C 43E11 (typed or printed) Title: E.3/.04c-Air (typed or printed) Address for giving notices: 2/4/5 erATE RIPAO 7D/2. Designated Representative: Name: aie CX,oe y (typed or printed) Title: PierS/6.0e/Ur- (typed or printed) Address: Phone: 76S-- 6z/7- 6.575-/ Email: btbekNey CID Paciek)ey Cow? EJCDC C-451,Qualifications Statement. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. EX 'A' Page 32 of 87 y cea 45 a; 4, ao oa oa Cu co Cu C C C ro co co 2 2 2 03 o L.. ,. =.. co L.. co c E c E c E o Lu o LL, o LL, U U U ,.4.- 4. . ... Cu Cu ._ Cu 0 0 0 a Cir Cl QJ a) a) i. C C C . .... n c 0 0 0 u m 4, -C 0 1.-- a) 0. Zil a al a to a) 04 a) aa a) .. o co T.) co Cu M TV a. kJ r- c I- Iv m m iv c 2 2 2 a) a)-, a), _,_ , 4. • -. 4- 4- .0 •ba CO 4/ ni (U 1713 co —tr) c.) , 0.) (..) V) U Li.I • 4-" C ai aJ -0 4., c 2.) CU 73 a/ C CU ‘.. 4-0 0) CU a) 4- a)"' '"' C,.., ‘ Ca a . 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Title/Position Title/Position � Organization Organization _ Telephone Telephone � Email Email ' Project Project Candidate's role on Candidate's role on _project project | � ProjectSupm�ntendmnt id d|fi Name onvua| Years nf experience as project superintendent ' Years ofexpehencewiththisor��nbation Number nf similar projects as project superintendent Number ofsimilar projects in other positions } _ Current Project A��Dnn�ents Name of assignment Percent of time used for Estimated project _ _ completion date _ ' Reference Contact Information (listing names ind�atesapproval Uz contact namoed individuals reference) � Name Name - -- - Title/Position . _ Title/Position Organization Organization � Telephone _ Telephone Email Email Project Project ^ ` Candidates Candidate's ,n|e on project _ -,role on project EJcoc°susz'Qualifications Statement-Schedule c-xevIndividuals. cvpvhght(Daozn National Society uf Professional smginwwrs,mnedcancpwpci!v,snu|n,ehngcvmpan!e,' and American Society vf Civil Engineers.All rights reserved, eXFP,kK'a' Page oamer MARK E BRACKNEY 6230 HIGHLAND CENTER ROAD BROOKVILLE,IN 47012 765-547-6551 Current Job Tiltle: CHAIRMAN OF THE BOARD Construction Operations "2013-OHIO UNDERGROUND UTILITY PROTECTION TRAINING EducationlTraining: "2011-D.O.T.DRUG&ALCOHOL SUPERVISOR TRAINING "2009-OSHA TRAINING "2007-CERTIFICATE OF TRAINING FOR COMPETENT PERSON,TRENCHING A Employment History: 1972-PRESENT-BRACKNEY,INC.,CHAIRMAN OF THE BOARD Work Experience: DATE: 1966-1967 PROJECT# YOST EARTHMOVING JOB LOCATION:DECATUR,IN DATE: 1967-1970 DATE: 1970-1972 PROJECT# YOST EARTHMOVING JOB LOCATION:DECATUR,IN DATE: 1972-2015 OWNER OF BRACKNEY,INC ENGAGED IN ROAD DRAINAGE PROJECTS,BRIDGES,SEWER, WATERLINE AND SITE DEVELOPMENT PRESENT RESPONSIBLE ESTIMATES AND PROJECT MANAGEMENT DATE: 2018 PROJECT#: 1810-REEMELIN RD&CRESTNOLL LANE LOCAL SEWER JOB LOCATION:CINCINNATI,OH DATE: 2018 PROJECT#: 1820-HAMILTON NEW LONDON ROAD WATER MAIN REPLACEMENT JOB LOCATION:HAMILTON,OH DATE: 2018 PROJECT#: 1930-MIAMI SHORES SANITARY SEWER IMPROVEMENTS J - LOCATION:KETTERING,OH DATE: 2018 PROJECT#: 1840-WEST FAIRFIELD TOWNSHIP PUMP STATION PROJECT J s!: LOCATION:HAMILON,OH DATE: 2018 PROJECT#: 1845-BROOKVILLE WWTP FLOW METER PROJECT JOB LOCATION:LIBERTY,IN DATE: 2018 PROJECT#: 1850-RICHMOND CSO 006 SANITARY SEWER IMPROVEMENTS JOB LOCATION:RICHMOND,IN DATE: 2019 PROJECT#: NEW OFFICE COMPLEX JOB LOCATION:BROOKVILLE INDIANA The position for Foreman has the responsibility for safety In the work area,which include hard hats,trench boxes,ladders,correct labeling of hazardous materials,etc. Daily production reports are turned In on a daily basis.Foremen are responsible for setting up lasers and Installing pipe and manholes at designed grade. Also responsible to have the proper materials on your jobsite each day. EXHIBIT 'A' Page 39 of 87 KEVIN BRACKIIEY 11144 BROOKHAVEN OR, BROOKVILLE,IN 47012 70E465-2410 Comsat Job TRW: /9 ES/ Air Cosulnaction Opereilem'LABORER,OPERATOR.FOREMAN,ASSISTANT ESTIMATOR EducelloulTralnIng: `INDIANA utunasar-A53011ATE5 IN BUSINESS SCIENCE 2011•D.O.T.DRUO&ALCOHOL SUPERVISOR TRAJNINO 'IASI-03NA TRAINING 1007•CERTIFICATE OF TRAINING FOR COMPETENT PERSON,TRENCHING AND EXCAVATION 2004•CERTIFOATE OF TRAINING FOR COMPETENT PERSON,TRENCHINO AND EXCAVATION Employment HIslorr BRACKNEY I h 'ESTIMATOR 2005 TO PRESENT BRACKNEY INC:OPERATOR 1117 TO 2006 Work Espertenco: DATE: 2014 PROJECTS MEADOWIALE WATER MAIN REPLACEMENT•MONTGOMERY COUNTY JOB LOCATION: MEADOWBALE,OH DATE: 2014 PROJECT I PHILUPSOURO VILLAGE OF PHILLIPSBURG WASTEWATER IMPORVEMENTS JOB LOCATION: PHILUPIISURO,OH DATE: 2014 PROJECT I NORTH VERNON.CITY OF NORTH VERNON JOB LOCATION: NORTH VERNON.IN DATE: 2014 PROJECT I WHITESTOWN•TOWN OF WHFTESTOWN WASTEWATER SYSTEM JOB LOCATION: WHITESTOWN,IN DATE: 2014 PROJECT I DALY RD JOB LOCATION: CINCH/NMI,OH DATE: 2016 PROJECT I GREENFIELD FORCE RIJN•COVANCE JOB LOCATION: GREENFIELD,IN DATE: 2014 PROJECT I CITY OF CONNERSVILLE SEWER JOB LOCATION: CONNERSVILLE,IN DATE: 2014 PROJECT I TOWN OFICOLFAX JOB LOCATION: COLFAX,IN DATE: 2016 PROJECT I TH.DEN ROAD IMPROVEMENT JOB LOCATION: OROWNSOUR0.1/4 DATE: 2016 PROJECT I BROOKVILLE WATERLINE REPLACEMENT JOB LOCATION: BROOKVILLE,IN DATE: 2015 PROJECT I LIBERTY WASTEWATER JOB LOCATION: UBERTY,Ill DATE: 2016 PROJECT I WILUAMSDALE SANITARY SEWER PROJECT JOB LOCATION: WILLIAMODALE,OH DATE: 2011 PROJECT I RICHARDOTREET WATERmAIN IMPROVEMENTS JOE LOCATION: laktAISMORG,OH DATE: 2016 PROJECT I RIVERVIEW SANITARY SEWER&WATER JOB LOCATION: MIAMISBURG,OH DATE: 2014 PROJECT I VAUJAMSDALE SWEATY SEWER PROJECT JOB LOCATION: WILLIAMSDALE,OH DATE: 20111 PROJECT I FALL CREEK!PENDELTON SEWER REHAB JOB LOCATION: PENDELTION,IN DATE: 2016 PROJECT I TOWN OF ROONEY WASTERWATER JOB LOCATION: REOKEY,AN DATE: 2016 PROJECT I MIDDLETDWN,IN NTH ST STORMWATER IMPROVEMENTS JOB LOCATION: MIDDLETOWN,IN DATE: 1011 PROJECT I ROARING RUN STORM SEWER REHABILIATTON JOB LOCATION: FRANKLIN,III DATE: 2016 PROJECT I TOWN OF EDINBURGH STORM SEWER JOE LOCATION: EDINBURG,IN The perNon for Foteman haa the responfitaly for safety In Me work Irak width include hard lutt„trench bozo,laddem,correct Isbeinp ol hazardous materials,etc. Danseduaen reports are honed Non.day bath.Emmen we responsible ON 50550 00 lows sod InsIarosl am and manholes at deal:mad prods, AN.resessede to hoe the mover meleltah on now 18888A 44,11441, EXHIBIT'A' Page 40 of 87 JOHN FUCHS 7455 S.SHAY ROAD CONNERSVILLE IN 47331 765.30e-6807 Current Job Title: Construction Operations OSHA•10,NGAME.PA,70,71,NGA.INE71,G1,M7,MILM5,3, Education\Training: VELIA12,VG0A14,VGOAT,VG0A9A,VG0A0B,VOOM,VG0A1S '2519-OSHA CONFINED SPACE'TRAINING '2E19•SUBPART P,0 HOUR,TRENCHING AND EXCAVATION '2619•CPR TRAINING '2019-OSHA RIGGING AWARENESS 2019•OSHA TRAFFIC CONTROL Employment History: 2015-PRESENT,BRACKNEY INC. 2012.2010,MID.ONIO PIPELJNE 2002-2012,DAYBREAK CONSTRUCTION 1903•2002,P-B.JERGENS Work Experience; I have worked In the civil construction Industry for over 42 years,I have certificellons to work In Virginia, West Virginia,Ohlo,Indiana,Kentucky,North Carolina,South Carolina,and Pennsylvenle.Every slate has e separate Seat and qualifications. ESTIMATING: I have estimated construction projects for over 21 years. Projects for private,public,commercial developers,airports,state,and federal. ME DEVELOPMENT: My crews have completed many site development projects,commercial,private, up to 300 acre subdivisions,and warehouse sites. BRIDGES: My crows have constructed many types of larldges,purchasing land,clearing, blasting,demolition,pile drivIng,Installing coffer dams,pouring concrete, setting beams with multiple cranes,and setting prefabricated structures. ROADWAYS: My crows have been responsible for constructing roads through the middle of woods, widening of four Ione roads In towns with very heavy traffic flow,constructing access road up the Allogeney Mountains where the meehlnes needed to be cabled off from above to stay on the mountains. MUTT CONSTRUCTION: I have Installed water lines up to 42'diameter,sanitary lines 46'deep, storm lines,gas lines through the middle of refineries,hand tunnels,machine driven tunnels,and auger bores. ENVIRONMENTAL REP4EDIATION: I have safely amplified environmental project throughout the United Slates, using all levels of P.P.E.,on government bases,In rennerlem,In auto plants, In sanitary landfills,and In chemical specific lend fills. NATURAL GAS INDUSTRY: I have supervised multiple projects eimultananeously In different states, correcting right of way Issues,repairing slips over live mains up to 4r diameter pipe, constructing compressor stations,purging live linos,and cutting Into live lines. We have excavated live gas mains for miles,Inspecting them once they were exposed, and protecting them for up to two years until the surface above the coal mines finished settling and then backfill them. DATE: 2019 PROJECT X: 1520-HAMILTON•NEW LONDON ROAD WATER MAIN JOB LOCATION: HAMILTON,OH DATE: .10 PROJECT it: 1840-FAIRFIELD PUMP STATION JOB LOCATION: IAMILTON,OH DATE: 2019 PROJECT X: 1906•WHITEWATER STATE PARK,FLUSHING BUILDING"C' JOB LOCATION: tJBERTT,INDIANA The position for Foremen hos the responsiblity for safety In the WO*area,which Include hard hats,trench boxes,ladders,mired labeling of hazardous materials.etc. Daily production report era turned In on a daily basis.Foremen are responsible for selling up lasers and Instil •pipe and manholes et designed grade. Also responsible to have the proper materiels on your•.site each day. EXHIBIT'A' Page 41 of 87 DODO ORUNO 0E11 SMITH ROAD DROOIMLLE,IN 47012 7AS4474013 C,.100IJ01.7IMA PROJECT*U7IRINIEIIDENTIEIROA7OR ColW 1N0n 0p.*U LADOR,OPERATOR,f ORE VAN,DVPIFONIENDEHT AND E*AOATDR E4tx+RmETrrI.M; '2011•DA.T.ORM A KC OHO.9VPIRYIEOR TJWNINC 701I.14 1109110911A TRAM*, '1001•CER71IICATE OF 7RAI M°FOR CO SPIT PU190N.TREK M RO ANO EXCAVATOR •1011•$UOPART I II TOUR.TRENC low AHD IICAVATON EmplI17..41 MU077 1710-PRICEIIT DRACRIIY.IJIC iVPERDIIENOENI 1HT•1110 MED CRY 11EC0AOCAL OPERATOR 114E41117 M MHG PARK LVYI 117.01nee DATR 7011 PROJECT I T1LOEN ROAD SEWER 100 LDCATONI 1100 011114RO,I. LIMO 0019 PROJECT I 135300H1A11I WEN ERUNE REPLACE3IIM J00 LOCATION; O0EOIML1E,11I 0A71; 1711 PROJECT■ IJIERTY WASTEWATER Jai LOCATION/. UDIRTY.II DATE: E711 PROJECT/ WM MAMEDALE WNITAMYEEWER PROJECT J00 LOCl/TMIH9 IMSSAOIDALE.Olt DATE/ 111$ PROJECT RICHARDIITREf WATERYYN IUPROVWUIIRI J00 LOCATION; ILAIIOEURO,OR DA7EJ 1011 PROTECT l WERNEW SAMRMY SOAR 41YATER J00 LOCATION; NiANOIVAO,OR DA1O 1011 PROTECT I NALLW'1DAL@ 1ANRATY 91WER PROJECT J00LOCATION; VRLLIAMODAL1ON RATES 101E PROJECT; TALL CRT 1IUPEI/DELTON SEWER RENAD J00 LEGATOR; PCMDELTON,IN DATE: 70U PROJECT1 701411 Of MONEY WAATERW'ATIR J00 LOCATOR, RICKEY,IN 041E1 201E PROJECT I MIDDLETOCrN,WI 4111 IT 9TOILMWAMER PIP ROPE MMIRE JOD LOCATION: IIIDDLETETIYN,ID DATE: 101E PROJECT I MORO RU11 SI0RN EMIR REIOSILLA7ON JDIl0C4TON; f0ANKU1L01 DATE: 1011 PROJECT; 701VN Of IDINSURCH STORM SEWER JOO LOUT*/ SITINDURO,IN DAM 1017 PROJECT I1 171E 10RryMIER.ROAD J00 LOCATOR; MONROE.OH DAii1 7017 PROJECT 11 1730 HART/ORO CRY 40010CA7NR1: NA7ITTORD CRY.W DA11; 2017 PROJECT II 17A0-TOWN OF'R10001115 200 LOCATOR. RAROOLPH COONTC. DATE; 1017 PROJECT IC 1710.MARCUIIRPMTNEMTE,CRY Of 1104414701I JCRIOCAYONI HA VLTON,ON RATE: 1017 PROJECT R 174E RIVEN ROD 400 LOu7/011 RAJELTON,OH DATE: 1017 PROJECT I: 17704/E100N AREA JOS LOCATOPR PORT V01O1T.ICY DATES 2017 PROJECT SI IT4-IOU1N 411 STREET.CITY 01 IOCNUGHO JOI LOCATION! RKHUGHD.W 0A7G 1011 PROJECT I: 1710•UP/ER PILLS W*T1R ALALN J011 LOCATION/ OIURAOOR.OH D47E1 1011 PROJECT PI 1470•I4AI147011•NOW'LON00N ROTC WATER WM J00 LOCATION: NAWLTON,ON DATE: H17 PROJECT I: I440•COMM ID RUMP STAT 011 JOS L0CA0ON4 NAINLTON,DII PATE! 1Al1 PROJECT IS W7EI•NW 11TN 1T0EET PETERS LJRO SEWER 40E LOCATION; RICHIICMO.IN To.PW1m N.1vn.*Ius M 190Ar.O117IO o701 TiM.O.44•0,4*Nr07.04 M01INO"Inn*tmR,HONn.ow* r914*or*./*WA Ear F 101•P•0••Ur.IR en I 4lI7R0*.r0...n An 9N .4*4.b seep Also ra.selr.M..�so DoMolo3MO.io.T own 4137. EXHIBIT'A' Page 42 of 87 STEVE STANG 1144 FRANKLIN AVE BROOKVILLE,IN 47012 765-647-3764 Current Job Title; FOREMAN Construction Operadont CONNERSVILLE VOCATIONAL SCHOOL Education1TrainIng: ELECTRICAL 1979.1961 *2010•CPR TRAINING 2011•D.O.T.DRUG.11 ALCOHOL SUPERVISOR TRAINING '2009-70 HOUR OSHA TRAINING 2016-CERTIFICATE OF TRAINING FOR COMPETENT PERSON,TRENCHING AND EXCAVATION ▪2018-SUBPART P,8 HOUR,TRENCHING AND EXCAVATION '2017-SU ART P,40 HOUR,TRENCHING AND EXCAVATION Employment History: 1992•PRESENT BRACKNEY,IN FOREMAN 1991.1092 SELF EMPLOYED CONSTRUCTION 1981.1881 GILLMAN CONSTRUCTION ELECTRICAL FOREMAN Work Experience; DATE: 2016 PROJECT if FALL CREEK!PENDELTON SEWER REHAB JOB LOCATION: PENDELTON,IN DATE: 2016 PROJECT N TOWN OF REOKEY WASTERWATER JOB LOCATION:REOKEY,IN DATE: 2016 PROJECT N MIDDLETOWN,IN 9TH ST STORMWATER IMPROVEMENTS JOB LOCATION:MIDDLETOWN,IN DATE: 2016 PROJECT if "mo APING RUN STORM SEWER REHABILIATION JOB LOCATION:FRANKLIN,IN DATE: 2016 PROJECT 0 TOWN OF EDINBURGH STORM SEWER JOB LOCATION: EDINBURG,IN DATE: 2017 PROJECT 0: 1730-HARTFORD CITY JOB LOCATION: HARTFORD CITY,IN DATE: 2017 PROJECT if: W60.RIVER ROAD JOB LOCATION:HAMILTON,OH DATE: 7017 PROJECT 0 1780-SOUTH 6TH STREET,CITY OF RICHMOND IN JOB LOCATION:RICHMOND INDIANA DATE: 2010 PROJECT II 790•UPPER HILLS WATER MAIN JOB LOCATION: BELLBROOK OHIO DATE: 2018 PROJECT if 1795•LUDLOW&LAFAYETTE PARELLEL SEWER JOB LOCATION:CINCINNATI OHIO DATE: 2018 PROJECT if 1810-REEMELIN ROAD AND CRESTNOOL SEWER,MSD JOB LOCATION:CINCINNATI OHIO DATE: 2019 PROJECT#: 1820-HAMILTON NEW LONDON ROAD WATER MAIN JOB LOCATION:HAMILTON OHIO DATE: 2019 PROJECT th 1840-FAIRFIELD PUMP STATION JOB LOCATION:HAMILTON OHIO The position for Foreman has Um responsibilily for safety In Om work area,which Include hard hats,trench boxes,ladders,correct labeling of hazardous materials.Mc. Deny production r sore turned In on a doily basis,Foremen are responsible for selling up loots and inslalling pipe and manholes al designed grade. Also responsible le have the proper malerlais on your iobsile each day. EXHIBIT'A Page 43 of 87 MICHAEL MINES 11187 OAK TREE ROAD BROOKVILLE,IN 47012 Current Job Title: FOREMAN Construction Operations '2013-OHIO UNDERGROUND UTIUTY PROTECTION TRAINING EducallorATaining: '2011-D.O.T.DRUG&ALCOHOL SUPERVISOR TRAINING '2009•30 HOUR OSHA TRAINING '2013-CERTIFICATE°FIRMING,COMPETENT PERSON,TRENCHING&EXCAVATION '2010-40 HOUR SUBPART P EXCAVATION "2015-8 HOUR SUBPART P EXCAVATION 2018-CPR CLASS Employment History: 1996.PRESENT BRACKNEY,FORMAN 1984-1995 ADVANOL CONCRETE,LABOR 19924994 DUNLAP CONCRETE,LABOR 1991.1992 MILESTONE CONCRETE,LABOR 19001991 MICHAEL'S GENERL.CONCRETE,LABOR Work Ex• Hence: DATE: 2015 PROJECT q WILUAMSDALE SANITATY SEWER PROJECT JOB LOCATION:WILLIAMSDALE,OH DATE: 2016 PROJECT II FALLICREEKI PENDELTON SEWER REHAB JOB LOCATION: PE/MELTON,IN DATE: 2016 PROJECT U TOWN OF REOKEY WASTERWATER JOB LOCATION: REDKEY,IN DATE: 2016 PROJECTS MIDDLETOWN,IN OTH ST STORMWATER IMPROVEMENTS JOB LOCATION: MIDDLETOWN,IN DATE: 2016 PROJECT* ROARING RUN STORM SEWER REHABILIATION JOB LOCATION; FRANKLIN.IN DATE: 2016 PROJECT U TOWN OF EDINBURGH STORM SEWER JOB LOCATION: EDINBURG,IN DATE: 2017 PROJECTS; 1750.MARCUM APARTMENTS,CITY OF HAMILTON JOB LOCATION: HAMILTON,OH DATE:, 2017 PROJECT 0: 1760,RIVER ROAD JOB LOCATION: HAMILTON,OH DATE: 2017 PROJECT a: 1780.SOUTH 6TH STREET,CITY OF RICHMOND JOB LOCATION: RICHMOND,IN DATE: 2019 PROJECTS: 1708.LUDLOVi S LAFAYETTE PARALLEL SEWER,MSD JOB LOCATION:CINCINNATI,OH DATE: 2016 PROJECT*: 18111-REEMEUN&CRESTNOLL SEWER,MSD JOB LOCATION: CINCINNATI,OH DATE: 2015 PROJECT*: 1830-MIAMI SHORES SEWER JOB LOCATION: MORAINE,OH The position for Foreman has the resporisibilay for solely In the work area,which Include hard hat,'tench boxos,ladder;,correct labeling of hazardous rnalerleis,etc, Daily production reports are turned In one daily berJa.Foreman are responsibio for selling up lasts and inslatting•• and manholes al designed grade. Also responsible to have the' or frlitlief on your Jobsita each day. EXHIBIT Page 44 of 87 RYAN KERR 8134 SPRINGFIELD RD. CEDAR GROVE,IN 47016 513.600-6227 Current Job Title: FOREMAN Construction Operations '2041•D.O.T.DRUG IL ALCOHOL SUPERVISOR TRAINING EducatiorATraining: •20O1•30 HOUR OSHA TRAINING 2016-CERTIFICATE OF TRAINING FOR COMPETENT PERSON,TRENCHING AND EXCAV '2010•SUBPART P,8 HOUR EXCAVATION&TRENCHING '201D•CPR TRAINING Employment History: BRACKNEY INC.OPERATOR 2000 TO 2006 BRACKNEY,INC..FOREMAN 2085 TO CURRENT Work Experience: DATE: 2016 PROJECT# TILDEN ROAD SEWER JOB LOCATION: BROWNSBURG,IN DATE 2016 PROJECT U TIKERVIEW SANITARY SEWER&WATER JOB LOCATION: MIAMISBURG,OH DATE: PROJECT 0 WILLIAMSDALE SANITATY SEWER PROJECT JOB LOCATION: WILLIAMSDALE,OH DATE: 2018 PROJECT 6 FALL CREEK/PENDELTON SEWER REHAB JOB LOCATION: PENDELTON,IN DATE: 2018 PROJECT# TOWN OF REDKEY WASTERWATER JOB LOCATION: RODKEY,114 DATE: 2046 PROJECT IS MIDDLETOWN,IN 6TH ST STORMWATER IMPROVEMENTS JOB LOCATION: MIDDLETOWN,IN DATE: 2016 PROJECT IS ROARING RUN STORM SEWER REHABILIATION JOB LOCATION: FRANKLIN,IN DATE: 2016 PROJECT 0 TOWN OF EDINBURGH STORM SEWER JOB LOCATION: EOINBURG,IN DATE: 2017 PROJECT N: 17.30.HARTFORD CITY JOB LOCATION: HARTFORD CITY,IN DATE: 2017 PROJECT N: 1770.HEBRON AREA JOB LOCATION: FORT WRIGHT,KY DATE: 2018 PROJECT IS LUDLOW A LAFAYETTE PARALLEL SEWER,MSD JOB LOCATION: CINCINNATI,OH DATE: 2818 PROJECT N: 11010•REEMEUN&CRESTNOLL SEWER,MSD JOB LOCATION: CINCINNATI,OH DATE: 2018 PROJECT 0: ino.mtAms SHORES JOB LOCATION: MORAINE,OH The position for Foreman has the responsibility for safety In the work area,which Include hard hats,trench bolas,ladders,correct labeling of hazardous materials,Mc. Daily production reports ere turned In on a deity basis.Foremen we responsible for setting up lasers end Install pipe and manholes at designed grade. Also responsible to Nye the proper materials on your lobelia each day. EXHIBIT'A' Page 45 of 87 OJ6TIN BRUNS 10116 BRUNS RD. BROCKVILLE,IN 47012 NS-047-0355 Current Job TRW FOREMAN ConaWollsn OperatIons LABORER,FOREMAN Edo nn%TratMAO: 2011•0,O.T.DRUG&ALCOHOL SUPERVISOR TRAINING 9009.10 HOUR OSHA TRAINING 2009.30 HOUR OSHA TRAINING 2015•COMPETENT PERSON TRAINING 2010•SUBPART P EXCAVAffON TRAINING 201 S-CPR TRAINING 2003.OHS CHEMICAL TRAINING Employment Notary. DRACKNEY INC FOREMAN 201E TO PRESENT BRACHNEY INC-FOREMAN 2011.2016 BRACHNEY INC.-LABORER 30034010 1000-2003 FARM Work Esperloneel: DATE: 20^IS PROJECTS CITY OF CONNERSVILLE SEWER JOB LOCATION: CONNBRSVlLLE,IN DATE: 2015 PROJECT I TILDEN ROAD IMPROVEMENT J08 LOCATION: BROW SDURO,IN DATE: 2045 PROJECTS RICHARD STREET WATERMAIN IMPROVEMENTS J08 LOCATION: MIAMISBURO,OH DATE 3183 PROJECT E OMRVIVJSAN1rMTSEW[R0 WATER JOE LOCATION: MLAMISDUOG,OH DATEr SCES PROJECT I WIIWRISOAIESANRATY SEWER PROTECT 1OS LOCATION: W'ILLWPNSDALE ON DATE 2C16 POWICT I PALL MEIN PIHDELTON SEMIS ROIAN JOS LOCATIDIII PENOEUDN,DI DAM 2016 PROTECT I TOWN OF REDACT'WATT ERWATTR J00 LOCATION; RIENE1,IN DATEt Sill PROTECT, MIDOLETOWH,IN SRHSTSTORMWATER IMPROVEMENTS J08 LOCATION: MIDDLETOWN,IN DATE: 1016 PROJECT ROARING RUN STORM SEWER REHABILIATIDN JOB LOCATION: FRAME LIN•IN DATEI 24li POOTECTI TOWN OF EO1N1UR0NSTOAM SEWER JOE 4OCATIDNI EINNELANI,Nd DATE: 2017 PROJECT p: 1720•TODHUNTER ROAD JOB LOCATION: MONR OE,OH DATE: 2017 PROJECT S: 1730-4ARTFORO CITY JOB LOCATION: HARTFORD CITY,1/4 DATE: 2017 PROJECT k 1740•-TOWN OF RI00EVILLE JOG LOCATION: RANDOLPH COUNTY,IN DATE: 2017 PROJECT k 1760-MARCUM APARTMENTS,CITY OF HAMILTON JOG LOCATION HAMILTON,OH DATE: 2017 PROJECT 04 1760-RIVER ROAD JOB LOCATION HAMILTON,OH DATE: 2017 PROJECTS 1700•SOUTH 6TH STREET,CITY OF RICHMOND JOB LOCATION: RICHMOND,IN DATE: 2019 PROJECT 1705•NW 13TH STREET INTERSEPTO SEWER JOB LOCATION: RICHMOND,IN The po1111on for Foreman hat the relpontIbMty for piety In tAI walla/fa,whlrh h,dade Aa,d hau,Dinah boars,la dirk OArrat oballn1 of SINrdour matuob,OK, Dolly p,adolion swam IN earned In is a daily bull,Foremen aN relpondble for'ening. op Dim and trouts'&plea and mrnAolu It darlOned lade. Afro raparmlo to hale IPA pauper matadtil on your Job111a each day. EXHIBIT"A' Page 46 of 87 DANNY SPARKS 9099 PIPE CREEK RD METAMORA,IN 47030 951.581-1919 Current Job Title: FOREMAN Construction Operations EducationlTraining; Employment History: BRACKNEY INC-FOREMAN 2021 TO PRESENT Work Experience: DATE: 2021 PROJECT#: 2140-CONNERSVILLE WATER MAIN REHABILITATION JOB LOCATION: CONNERSVILLE,IN DATE: 2021 PROJECT#: 2180-NORTH RIGDE DEVELOPMENT JOB LOCATION: COLERAIN AVE,CINCINNATI OH DATE: 2022 PROJECT#: 2225•OWENS CORNING CONCRETE PAD JOB LOCATION: BROOKVILLE,IN DATE: 2021 PROJECT#: 2180•RICHMOND IAMW WEST SIDE INTERCEPTOR JOB LOCATION: RICHMOND,IN DATE: 2021 PROJECT#: 2120•NEW CASTLE CSO PHASE 1 JOB LOCATION: NEW CASTLE,IN The position for Foreman has the responsibility for safety In the work area,which Include hard hats,trench boxes,ladders,correct labeling of hazardous materials,etc. Daily productionireports are turned In on a daily basis.Foremen are responsible for setting up lasers and Installing pipe and manholes at designed grade. Also responsible Co have the proper materials on your Jobsite each day. EXHIBIT'A' Page 47 of 87 JEREMY TRAMMELL 15242 MCGUIRE RIDGE RD LAUREL,IN 47024 765-265-9031 Current Job Title: FOREMAN Construction Operations Education‘Tralning: Employment History: BRACKNEY,INC,-FOREMAN 2C14 TO PRESENT Work Experience: DATE: 2020 PROJECT U: 2030-SRO STORM SEWER REPLACEMENT SOUTH SECTION JOB LOCATION: GREENFIELD,IN DATE: 2021 PROJECT 4: 2'10-OXFORD-MILLVILLE RD WATERLINE EXTENSION JOB LOCATION: OXFORD,OH DATE: 2421 PROJECT 4: 2177-OMENS CORNING CONCRETE PAD JOB LOCATION: BROOKVILLE,IN DATE: 2422 PROJECT U: 2150-RICHMOND WEST-SIDE INTERCEPTOR JOB LOCATION: RICHMOND,IN DATE: 2023 PROJECT it: 2240-WATER UTILITY DIVISION C JOB LOCATION: MADISON,IN The position ha Forema•hes the responsibility for safety In the work area,which include hard hats,trench boxes,adders,correct labeling of hazardous materials,etc. Daily predilection reporta are turned in on a daily basis Foremen are responsible for setting up lasers end 1,1511114N pipe and manholes at designed grade, Also responsible to hove the proper materials on your jobefte each day. EXHIBIT'A' Page 48 of 87 rv _ � ' �l �� Safety Manager — �— � �� _ - Name nfindividual Years of experience as project manager ^ Years ofex hencexv�hthi��r8anization Number of similar projects as project manaXer Number of similar projects inmtberposihons - Current Project Assignments Name ofassignment Percent of time used for Estimated project this project completion date - Reference Contact |nyonnatiow (listing names ind�a��app,�va|to contact named individuals asa reference) _ Name Name - - ` Title/Position Title/Position - Organization Organization - Telephone Telephone � Email Email Project Project ' � Candidate's role on Candidate's role on project project Quality Control Manager e ' r Name ofind��ua| 2D Years of experience as project superintendent Years of experience with this organization ` � Number of similar projects as project superintendent � Number of similar projects inotherposidons Current Project Assignments Name of assignment Percent mf time used for Estimated project this project completion date _ ' ' Reference Contact Information (listing names indicates approval to contact named individuals asa reference} ' Name Name l Title/Position Title/Position � � Organization Organization � _ Telephone Telephone ` - 7 ' Email Email i Project ' ~ Project � | Candidate's Candidate's role on project role on project / EJcnc=c-4s1,Qualifications Statement—Schedule c—KewIndividuals. CopyrightO 20181 National Society of Professional Engineers,American Council of Engineering Companies, and American society«[Civil Engineers.All rights reserved. saNy: '«' Page wsofn7 )(I BID BOND (PENAL SUM FORM) Bidder Surety Name: Brackney, Inc Name:Fidelity & Deposit Company of Maryland Address (principal place of business): Address (principal place of business): 2145 State Road 1 1299 Zurich Way Brookville, IN 47012 Schaumburg, IL 60196-1056 Owner Bid Name: City of Richmond Sanitary District Project (name and location): Address(principal place cf business): City of Richmond 2380 Liberty Ave. Hayes Lift Station and Force Main Improvements Richmond, IN 47374 Project Bid Due Date: January 31, 2023 Bond 1 Penal Sum: 'FIVE PERCENT OF THE TOTAL AMOUNT BID*** (5% of Total Bid) Date of Bond: January 31, 2023 Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. Bidder Surety Brackney, Inc. Fidelity & Deposit Company of Maryland (Full formal name of Bidder) (Fuji formaLxiame of Sure y ( a orateseal • By: By: (Signature) Signature)(Attach Power of Attorney) Name: ill/c /Ai ' R/iCti/14.1e y Name: Stephanie McQuillen (Printed or typed) (Printed or typed) Title: --P021.ide$ Title: Attorney-In-Fact Attest: GCD Attest: A. it, (Signature) I (Sig re) L , Name: A7 • Name: AlbeAr Na$Q, (Printed or typed) (Pr ed or type ) Title: ./._ ,„.31,e,0 ChA;RAMO Title: PO Q, M Notes:(1)Note:Addresses ore to be used far giving any required notice.(2)Provide execution by anyYdditional parties,such as joint venturers,if necessary. EJCDC"'C-430,Bid Bond(Penal Sum Form). Copyright°MB National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. P-33 EXHIBIT'A Page 50 of 87 ^ L Bidder acid Surety,jointly and severally, bind themselves,their heirs, executors,administrators,Successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this 8ond. Payment of the penal sum is the extent of Bidder's and Surety's liability,Recovery of such penal sum under the terms of this Bond will beOwner's sole and exclusive remedy upon default ofBidder. Z. Default of Bidder occurs upon the toi|ue of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, l This obligation will be null and void if� 31, Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extemdon thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 12. All Bids are rejected byOwner,or 3.3. Owner fails Uo issue Notice nf Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety ofwritten notice of default from O\wner, which notice will be given with reasonable promptness' identifying this Bond and the Project and including a statement nfthe amount due. S. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 4-24 ^ days from the Bid due date without Surety's written consent, *_Numberpf days as specified in the Advertisement for Bids 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Pa,ai.4aph4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery,commercial courier,or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed tobe effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power nfAttorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute' seal, and deliver such Bond and bind the Surety thereby. M This Bond is intended to conform tn all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. ll. The term"Bid"as used herein includes o Bid, offer,nr proposal as applicable. ococ°eo»4 Bid Bond(Penal Sum mxm). rmprightO 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vr Civil Engineers.All rights reserved. p'y4 sxma|T'a' ragoo/ cxe/ ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President, in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full Exec and effect on the date hereof, do hereby nominate, constitute, and appoint Denise NELSON, Deborah L. WILLIAMS,Julieann JOHNSTON and Shelley M. KUHN of Columbus, OH; Kimberly A. NAGEL and Stephanie MCQUILLEN of Toledo, OH; and Michele JAMES of Indianapolis, IN,EACH,its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH. AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland,, in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 30th day of July,A.D. 2021 •••••• -#* • 14.9.4. 14, II" 1,7 one: ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND B)' Robert D. Murray Vice President A 1-)(44,01.,, By: Dawn E. Brown Secrekny State of Maryland County of Baltimore On this 30th day of July, A.D. 2021, before the subscriber,a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray,Vice President and Dawn E, Brown,Secretary of the Companies,to me personally known to he the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,dcposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY VV HEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. CA,, ' Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 41(1-559-8790 EXHIBIT'A° Page 52 of 87 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer, the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-het with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force,. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH A.MERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney .Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company," This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th clay of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MAR.YLAND at a meeting duly called and held on the 1.0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 31st day of January 2023 otc. freTio, awl 8 !SICAL war 4' ••• : • • • 1,7- ogie '440,41.100' By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reports fc la inisiOurichna.co m 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXHIBIT'A° Page 53 of 87 0 ZURICH January 31, 2023 Bowl of Sanitary Commissioners City of Richmond Richmond, IN 47374 Re: Brackney, Inc. 2145 State Road 1 Brookville, IN 47012 Hayes Lift Station Improvements Zurich American Insurance Company and/or its subsidiary, Fidelity and Deposit Company of Maryland, have provided surety credit to Brackney, Inc. for single projects of$15,000,000 and an aggregate uncompleted backlog of$25,000,000. Zurich/F&D is rated "A" (Excellent) with a financial size category of XV($2 billion +) by AM Best and has a US Treasury Limit exceeding$300 million. If Brackney, Inc. is awarded a contract for the referenced project and requests that we 1-800.876 provide the necessary Performance and/or Payment Bonds, we will be prepared to Zurich North America Surety execute the bonds subject to our acceptable review of the contract terms and conditions, bond forms, appropriate contract funding and any other underwriting considerations at the 9229 Delegates Row,Suite 3roo ndianapoh,IN 4624,0 time of the request. Is Our consideration and issuance of bonds is a matter solely between Brackney, Inc. and http://www.zurich.corn ourselves, and we assume no liability to third parties or to you by the issuance of this letter. Direct Phone i-goo4376.261.6 317-81.64882 Direct Fax 07-8/.6-4899 We trust that this information meets with your satisfaction. If there are further questions, please feel free to contact me. Sincerely Zurich American Insurance Company Fidelity and Deposit Company of Maryland Stephanie McQuillen, Attorney-in-Fact I It 01' Page 54 of 87 � � � , ,rIIE FIDELITYAND DEPOSIT COMPANY OF M^mmw |2VV Zurich Way Schaumburg,|L&OlV6 Statement*[Financial Condition Ao Of' December 31'2021 ASSETS Bond,--- ..... ---.--- ....... —..-----.—..--�.— ...........-- ......... ............. . ..............$ 237'467.504 Stocks ...... —.---.---------. .......--_........--_--. ...... —.--_.............. ---. 18'985`762 Cash and 8hor-t-Term|mvxxhxeuts—.-------------.----.-----...... -----.. 7.415.852 Reinsurance DoouvomWe........ ... ...— ........ -- ...... ......--......--.--...................... ---. 25`7]5,]24 Federal |ucmneTnx%ccovcraNe. ......... —_--.-------- ..............-------....... -- O Other Accounts Receivable—.....---------- ........---....... ----.-----..--.... 24/479,233 ?olx,Amw/T7coAxumS.... .------_----.—.----- ........ —._--------..$ 2l4'083,675 LIABILITIES,8NRPLOGAND OTHER FUNDS Reservefor 1'ax, and G^pwnrx............................ ................ ......... ........... —............ ........ --.% ]78,(01 Ceded Reinsurance Premiums Payable.... ........... ......... ........ ............ .... .... ....... --- .......— 48.876,590 Remittances and Items Unallocated_---~—_----------._—'_------- 8 Payable W parents,subs and affiliates............. ------- .............. .......... — ........................ O Securities Lending[bliatem|IJmN|hy—__.. ........---..—_---.~.--....... ...... .............. O ]\TrxL LuAoILDnsm. .... —......... ....... ..... ...........----. ......~— ...........--....._~—$ 49,254J00 Capital Stock,Paid Op...... ............ ........... .......—.......................................... $ 5'080'080 3urpluo... ...~~---._.'....— ........ .. .....---.........—.... ............ ..... ..... 264.828,975 Surplusuo regards Policyholders............................................ .............................. ........................... 264'828.975 TOTAL..... .................................... ... ......... ....................... ........................ ..........................$ 3|4,083,67� Securities carried at$78,561,855 in the above statement are del)osited with various states as required by law, Securities carried ou the luxis prescribed hythe National Association nf Insurance Commissioners, 0n the basis of market quotations for all bonds and stocks owned, the Company's total admitted assets mx December 31'2U2lwould 6o$3|9'56(,762 and surplus no regards policyholders$270`]O7'O0%. l, LAUR/\ J. LAZ&RCZyK, Corporate Secretary of the FmaLrry AND Dspnso' Comrxm, OF b&^xsLmvo' do hereby certify that the 6rr-gnio&statement iox correct exhibit uf the assets and liabilities of the said Company nnthe Jlm day oy December,20%l. u"""om=wmr (o/p*/vmseqe^vy State of1Uinoix I '8�Ci\yofSchxumhorg � Subscribed and nwni to,before me,u Notary Public v//x*State vr March,znz , ' KYANHOkqAN ' '�' � $om\ " ______ � -- x PublicPublicp�U ��N�* I ~~mmn v smma|Tvv Page 55 of 87 ..._ , Financial Statement for Bidders Submitted to c,./y ©F RiadXmootio By t ,A ek/ ey __27/0c. r An Individual Address 0/4/5 S717-t- 447.0 _.t. -Aka:A/114 L iti 4i/6/Z Date Submitted -- )ce4fy .3/ , 20 e.3 P-33 EXHIBIT'A' Page 56 of 87 3/24/22,7,Y.L5 f'M statement i t;rt.l f ,�mil Contractor Pre-Qualification HOME CONTACT MENU (/app/Common/Name) HELP (maiiio:ContractorPrequalr+indot.IN.gov) Welcome Cory Taylor Home(IapplCpe/Horno) / Statement Statement Information-App Id:9705 Legal Name:Brackney Inc. Federal ID:35-1872590 Expiration Date:04/30/2022 Status:Draft • General Financial Technical .11 Fields with this color background ere required Save ` ® Exit without Saving 44 Previous Section ►► Next Section Financial Questions and Comments(lapp/firm tatomontlFinancialQuestionafref9705) • Contractor's Statement of Financial Condition(Balance Sheet)(lapplBrm/Statsment/BslanceSheeU9T05) c :) • CONTRACTOR'S STATEMENT OF FINANCIAL CONDITION OF Brackney Inc. Employer Identification Number(Federal Tao Number) 35-1872590 Condition at Close of Business 12/31/2021 Assets Detail Totals • Balance Sheet Details(Relative to Assotsi • Current Assets 1 Cash $3,444,171,00 2 Notes Receivable Due Wittan One(1)Year $0.00 3 Bid Deposits and Guarantees S0.00 4 Accounts Receivable from Completed Construction Contracts $174,710,00 5 Accounts Recevable from Incomplete Construction Contracts $3,446.786.00 6 Costs of Incomplete Contracts in Excess of Related Billings $0.00 7 Coats and Estimated Earnings in Excess of Billings on Incomplete Contracts $1.633,133.00 8 Equipment Rentals and Other Accounts Receivables $946.249.00 9 Materials in Stock Not Included in Items 4 and 5 $1.200,00 10 Stocks,Bonds and Other Stec-urines $0.00 11 Accrued Interest and Other Current Assets $79,975,00 Subtotal,Current Assets $9,726,224.00 • Construction Equipment 12 Construction Equipment-Net Book Value $2,950,993,00 • Fixed and Other Assets 13 Other Plant end Equipment $5,113.00 14 Real Estate $36,385.00 15 Cash Surrender Value of Lie insurance Policies(Net of poNcy loans) $0.00 16 Other Assets $35,000.00 Subtotal,Fixed end Other Assets $76,498.00 • Total Assets Total Assets $12,753,715.00 • Liabilities and Net Worth • Current Liabilities 17 Notes Payable and Other Long•Term Liabilities(Due Within One(1)Year) $216,183.00 18 Accounts Payable $447,882.00 19 Billings on incomplete Contracts in Excess of Related Costs $0,00 20 Billings on Incomplete Contracts in Excess of Costs and Estimated Earnings $395.864.00 21 Accrued Taxes end Other Liabilities(Due Within One(1)Year) $493,395.00 Subtotal,Current Liabilities f 1,557,f24.00 • Long-Torm Liabilities EXHIBIT'A' https:I/cpq.indoiin.gov/gpp/Firm/StatemenUApp/9705 Page 57 of 87 1/3 3/24/22,12:25 PM Statement I CPQ 22 Notes Payable and Other Leng•Term liabilities(Balance After One(1)Year) 5272.693.00 23 Deferred Income Taxes(Non-Current Portion) 50.00 Subtotal,Loag-Term Liabilities 5272„693.00 4 Net Worth 24 Indlvtdual or Partnership Cepllal 50.00 25 Capital Stock 5550,988.00 26 Additional Paid-in Capital 50.00 27 Retained Earnings 510,376,910.00 28 Other 50.00 29 Other 50.00 Subtotal,Net Worth $10,927,898,00 Total Liabilities and Net Worth Total Liabilities and Net Worth $12,753,715.00 Contingent Liabilities 4 Contingent Liabilities 30 Contingent Liabilities 50,00 IMPORTANT:All Items shown in the above FINANCIAL STATEMENT are detailed in the schedules on subsequent pages. For item(s)not specifically listed,use the applicable schedule(s). Balance Sheet Details(Relative to Assets)•Line Item 1(IapplflrmIStalement/FInancieiSecllon01t9705) Q• Balance Sheet Details(Relative to Assets)•Line Item 2(Iapp/llrm/Statement/FlnanolalSection0219705) '' • Balance Sheet Details(Relative to Assets)•Line Item 3(Iapp/fIrmlStatemont/FlnancialSectlon03/9705) • Balance Sheet Battelle(Relative to Assets)•Line Item 4(/app/firmIStatementFFlnanclalSection04/9705) • Balance Sheet Details(Relative to Assets)•Line Item 5(/applfirm!Statement/FlnancialSection05/9705) • Balance Sheet Details(Relative to Assets)-Life Item 6(Iapprlrm!BtatemontiFlnanclalSectlon08l9705) Q • Balance Sheet Details(Relative to Assets)•Line Item 7(lapplllrmlStatementlFlnanclalSection0719705) i i i• Balance Sheet Details(Relative m Assets)•Line Item 8(/applfarm/StatemsntlFlnanctalSeclion0i19705) ?% ' • Balance Sheet Details(Relative to Assets)•Line Item 9(lapplltrml8taternenUFinancialSecllon09(9705) Q.• Balance Sheet Details(Relative to Assets)•Line Item 10(!app/firmlStaternentlFinanciatSectlon1019705) • Balance Sheet Details(Relative in Assets)-Line Item 11(Iapp/llrmtStatement/FlnanclelSeclion11(9705) 2• Balance Sheet Details(Relative to Assets)•Lino Item 12(Iapp/flrmIStaternent/FlnancialSectlonl2/9705) 2• Balance Sheet Details(Relative to Assets).Line item 13(Iapp/firmiStatementiFloancialSectlonl319705) Q• Balance Sheet Details(Relative to Assets)•Line Item 14(/app/llrm/8tatemsntIFinencial8ection1419705) Q• Balance Sheet Details(Relative to Assets)•Line item 15(Iapp/firmlSlotemenUFlnanciaiSectIon15i9705) 7 '' • Balance Sheet Details(Relative to Assets)-Line Item 16(Iapplllrm/8talemenUFinancialSoctlonl8(9705) • Balance Sheet Details(Relative to Liabilities)-Line Item 17 end 22(Iapp/llrmiStatement!FlnenctelSoctlon17/9705) 7 ' • Balance Sheet Details(Relative to Liabilities)-Line item 18(/applflrmlStatementIFlnancialSectton18I9705) Y'" • Balance Sheet Details(Relative to Liabilities)-Line Item 19(IspplfirmiStatementiFlnanclalSection1919705) 2• Balance Sheet Details(Relative to Liabilities)-Line Item 20(IapplflrmlStatementiFinancialSection20i9705) Q• Balance Sheet Details(Relative to Ltabllltles)-Line Item 21(Iapplfirm/StalementiFlnanclalSectlon21/9705) Q• Balance Sheet Details(Relative to Liabilities)-Line item 22(lappltlrmlStatementiFinanclalSsction2219705) Q• Balance Sheet Details(Relative to Liabilities)--tine!tern 23(lapplfirmlStotemsntlFinanciaiSectlon2319705) Q• Net Worth•Line Item 24(Iapplfirml8talemenISection24/9705) /2• Net Worth•Line Item 25(Iapp/firm!StatemenlSection25/9705) 1:-�• Nat Worth-Line Item 26(Iappllhm/Slatemen/Sectlon26(9705) Ste(% • Net Worth•Line Item 27(lappllirmiStatemen/SectIon27/9705) 3✓ • Net Worth•Line Item 28(lappifirmiStatementiSection29/9705) 2• Net Worth•Line Item 29(/app/fFmistatemenWSeclion29/9705) 2• Contingent Liabilities•Line item 30(lappltirrriiStatemenVSectlon30?appid=9705) y,,=•' • -Fields with This color beckgrouad are required ./Save IS Exit without Saving N Previous Section 14i Next Section EXHIBIT A` Page 58 of 87 httos://cno.indot.in.Dov/aDD/Firm/StatemenUADD/9705 2/3 BRACKNEY, INC. AND AFFILIATE COMBINED FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION Years Ended December 31, 2021 and 2020 EXHIBIT'A' Page 59 of 87 TABLE OF CONTENTS Page INDEPENDENT AUDITORS' REPORT 1 -3 COMBINED FINANCIAL STATEMENTS Balance Sheets 4 Statements of Operations and Equity 5 Statements of Cash Flows 6 Notes to the Combined Financial Statements 7- 13 SUPPLEMENTARY INFORMATION Combining Balance Sheets 14- 15 Combining Statements of Operations and Equity 16- 17 Combined Schedules of Cost of Revenue Earned 18 Combined Schedule of Revenue -Completed Contracts 19 Combined Schedule of Revenue-Uncompleted Contracts 20 Combined Schedules of General and Administrative Expenses 21 Combined Schedules of Other Income (Expense) 22 EXHIBIT'A' Page 60 of 87 BPADYWARE X� LD �� 3 C ll �) G �J F F |NDEPENDENTJ\UDrrQRS' REPORT Board of Directors Brechney' Inc. and Affiliate Brookville, Indiana Opinion We have audited the accompanying combined financial statements oYBnsnkney, Inc. and Affiliate, which comprise the combined balance sheets as of December 31, 2021 and 2020, and the related combined statements of operations and equity, and cash flows for the years then ended, and the related notes to the combined financial statements. In our opinion, the combined financial statements referred to above present fairly, in all material respects, the financial position of Brackney, Inc. and Affiliate as of December 31, 2021 and 2020, and the results of their operations and their cash flows for the years then ended In accordance with accounting principles generally accepted in the United States ofAmerica. Basis for Opinion We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditors' Responsibilities for the Audit of the Combined Financial Statements section of our report. We are required habn independent ofBrmukney, Inc. and Affiliate and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Responsibilities of Management for the Combined Financial Statements Management is responsible for the preparation and fair presentation of the combined financial statements in accordance with acrounting principles generally accepted in the United States of America,and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of combined financial statements that are free from material m\ss\atament, whether due to fraud orerror. In preparing the combined financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Brackney, Inc. and Affiliate's ability to continue as a going concern within one year after the date that the combined financial statements are available toboissued. 3601 Rigby Road * Suite 4V0 w Dayton, Ohio 945342 4981 2zV« Chester Blvd. w nichmund, ludivoo 947374'1219 3 Easton 0voi ° 8uiteJOO a Columbus, Ohio ° 43219'6287 / 1175 Cicero Drive ° Suite 3U0 w Alpharetta, Georgia ° 30022'1166 m/p/*.brudy°vurc.conm Exn/e/T'x' pasuo1 ^/a7 BRADYRE |MOEPEmDENTAUO|TORS'REP[]RT Auditors' Responsibilities for the Audit ofthe Combined F|mmmda| Statements Our objectives are to ollbtain reasonable assurance about whether the combined financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors'report that includes our opinion, Reasonable assurance |oo high level uf assurance but io not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk ofnot detecting a material misstatement resulting from fraud is higher than for one resulting from onor, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of Internal oonhoi Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would Influence the judgment made by a reasonable user based on the combined financial statements. |n performing anaudit in accordance with generally accepted auditing standards, we: ° Exercise professional judgment and maintain professional skepticism throughout the audit. ° Identify and assess the risks of material misstatement of the combined financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks, Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the combined financial statements. ° Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness ofBraoknmy, inc and Affiliate's internal control. AonmnJing|y, no such opinion isexpressed. ° Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the combined financial statements. ° Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise oubstonbe| doubt about Braohney. Inc. and Affiliate's ability to continue asagoing concern for m reasonable period oftime. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control matters that are identified during the audit, 2 Exn|en'A' Page 62 nfoT BRADY INDEPENDENT AUU0TQRS' REPORT ' ' Report nm Supplementary Information Our audits were conducted for the purpose of forming an opinion on the combined financial statements as awho|e. The supplementary information on pages 14 '22 is presented for the purpose ofadditional analysis and is not woqu|ned part ofthe combined financial statements. Such information is the responsibility mfmanagement and was derived from and relates directly bo the underlying accounting and other records used to prepare the combined financial m{atennen(u. The information has been subjected to the auditing procedures applied in the audits of the combined financial statements and certain additionail procedures, Including comparing and reconciling such information directly to the underlying accounting and other records used bn prepare the combined financial statements, orto the combined financial statements thamse|ven, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material pmnpeoto in relation to,the combined financial uhat*ronntn an mwho|e. -4/ t oe Richmond, Indiana March 23` 2U22 Exn|errvY Page 63m87 , BRACKNEY, INC. AND AFFILIATE COMBINED BALANCE SHEETS December 31. 2U21 and2830 2021 2020 ASSETS CURRENTASSETS Cash $ 3,636'064 2.012.351 Certificate ofdeposit 78.975 77'621 Accounts receivable, net 3,622.428 3.692.891 Accounts receivable'stockholders 5.081 3.141 Contract assets 1,633'133 302.478 Stock inventory'atcost 1.200 1.200 Employee ReNenUon Credit receivable 562.509 ' Total current assets 9'540.390 8.589.682 PROPERTY AND EQUIPMENT, NET 5.966'067 5.781.8 w RESTRICTED CASH 35'000 35.000 $ 15,541.457 $ 12.406.561 LIABILITIES AND EQUITY CURRENT LIABILITIES Current maturities mf long-term notes payable $ 216'183 $ 214.909 Accounts payable 'trade 369.550 202.861 Conhuct ||abUNieu 395.664 1.957.623 Distributions payable 08 403 Accrued expenses and payroll withholdings 493.297 341.912 Total current liabilities 1.474'793 2.717^808 LONG-TERM NOTES PAYABLE, NET{}FCURRENT MATURITIES 272'693 346.683 Total liabilities 1,747.485 3.064.491 EQUITY Common stock 550.988 550.988 Membem' eqm|(y 2.678.074 2.674.367 Retained earnings 10'564.010 6.116.705 Total equity 13.793'972 0`342^060 $ 15'541.457 $ 12.406.551 See notes tocombined financial statements. 4 Exxm|Tvv BRACKNEY, INC.AND AFFILIATE COMBINED STATEMENTS OF OPERATIONS AND EQUITY Years Ended December 31, 2021 and 2020 2021 2020 Amount Percent Amount Percent CONTRACT REVENUE EARNED $ 14,943,477 100.0 $ 15,040,231 100.0 COST OF REVENUE EARNED 11,071,008 74.3 13,581,020 90.5 GROSS PROFIT 3,872,469 25.7 1,459,211 9.5 GENERAL AND ADMINISTRATIVE EXPENSES 732,380 5.0 704,422 4.8 INCOME FROM OPERATIONS 3,140,089 20.7 754,789 4.7 OTHER INCOME (EXPENSE) 1,351,504 8.9 792,675 5.2 NET INCOME 4,491,593 29.6 1,547,464 9.9 EQUITY Beginning of year 8,791,072 8,938,746 Members' contributions 5,000 2,700,000 Distributions (44,681) (4,395,138) End of year $ 13,242,984 $ 8,791,072 See notes to combined financial statements. 5 EXHIBIT'A' Page 65 of 87 BRACKNEY, INC.AND AFFILIATE COMBINED STATEMENTS OF CASH FLOWS Years Ended December 31,2021 and 2020 2021 2020 OPERATING ACTIVITIES Net income $ 4,491,593 $ 1,547,464 Adjustments to reconcile net income to net cash and restricted cash provided by operating activities: Depreciation 673,268 580,328 Forgiveness of Paycheck Protection Program loan (815,000) (809,800) (Gain) loss on sale and disposal of equipment (8,251) 17,148 4,341,610 1,335,140 Changes in operating assets and liabilities: Accounts receivable, net 70,463 (274,059) Accounts rec: vable - stockholders (1,940) 8,191 Contract assets (1,430,655) (21,543) Employee Retention Credit receivable (562,509)Accounts payable-trade 166,588 (220,096) Contract liabilities (1,561,959) 5,503 Accrued expenses and payroll withholdings 151,385 4,347 Net cash and restricted cash provided by operating activities 1,172,983 837,483 INVESTING ACTIVITIES Purchases of property and equipment (705,485) (1,100,220) Reinvested interest on certificate of deposit (2,355) (5,491) Proceeds from sale of equipment 15,000 Net cash and restricted cash used by investing activities (692,840) (1,105,711) FINANCING ACTIVITIES Borrowings on Paycheck Protection Program loan 815,000 809,800 Principal payments on long-term notes payable (231,444) (165,852) Contributions frown members 5,000 - Distributions (44,986k (1,695,048) Net cash and restricted cash provided (used) by financing activities 543,570 (1,051,100) NET INCREASE (DECREASE) IN CASH AND RESTRICTED CASH 1,023,713 (1,319,328) CASH AND RESTRICTED CASH Beginning of year 2,647,351 3,966,679 End of year $ 3,671,064 $ 2,647,351 See notes to combined financial statements. 6 EXHIBIT'A Page 66 of 87 BRACKNEY, INC. AND AFFILIATE NOTES TO THE COMBINED FINANCIAL STATEMENTS ' NOTE 1 'SUMMARY{JF SIGNIFICANT ACCOUNTING POLICIES Nature of Operations- Brackney, Inc. (an Indiana S corporation) Is an excavation contractor engaged In water and sewage line installation, drainage control, roadways, and general excavation primarily in Indiana and Ohio. Brackney Development, LLC (an Indiana limited liability company)commenced operations in August 2020 and is engaged in owning and developing real property primarily for the use ofBracknay. Inc. Principles of Combimation-The accompanying combined financial statements include the accounts of Brooknmy. Inc. and BnaokneyDmve|opnnont. LLC, both of which are under common control (collectively, the"Company"). Management believes this combined presentation provides a more meaningful analysis of overall operations, All significant intercompany transactions and balances have been eliminated in the accompanying combined financial statements. Financial Estimates-The preparation of combined financial statements in conformity with accounting principles generally accepted in the United States of America requires the Company's management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure mf contingent assets �iid liabilities at the date of the combined financial statements, and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates. Concentrations' Fimnncia! instruments that potentially subject the Company ho credit risk consist principally of trade account receivable. A material portion uf the Company's net sales ka dependent upon o few customers, the�onaof whom may have a materially adverse effect on the Company. Net sales to, these customers accounted for approximately 73% and 85% of total ua[nu for2O21 and 2020. These customers accounted for 83% and 87% of accounts receivable at December 31, 2021 ond203O. Additionally, the Company's cash and restricted cash as of December 31, 2021 and 2020 are on deposit with one financial institution |n excess of FDIC insurance limits, Restricted Cash-The Company is required to maintain $35,000 in its checking account as a requirement of its line ofcredit. Inventories' Inventories are valued at the lower of cost(fimi-in, first-out method)or market with estimates of quantities and prices used in some cases. Accounts Receivabie-An allowance for doubtful accounts has been established for possible losses an the collection of accounts based upon e periodic review of credit risks. Customers not making payments in accordance with terms offered,or historical practices, are determined to be past due, Standard terms are 30 days, but may vary based on specific contract terms negotiated, and the accounts are aged based un invoice date. Accounts are written off against the allowance when management determines that probability ofnoUeoUcnin remote and all collection efforts have failed. The balance mf the a|kowmnoe was $10'808a\ December 31. 2O21 and302O. 7 Exma|T'/v Page o/cve7 , BRACKNB[ INC.AND AFFILIATE NOTES TO THE C0K8ENNEO FINANCIAL STATEMENTS NOTE 1 'SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES 'CONTINUED Property and Equipment-Property and equipment are stated at cost and depreciated over their estimated useful lives using the straight-line method. Routine repairs and maintenance are charged bo expense when incurred. When property and equipment are retired ur sold, the related cost and accumulated depreciation are removed from the respective accounts, and the resulting gains and losses are Included inincome, The Company reviews for impairment of long-lived assets in accordance with accounting standards. These standards require companies to determine if changes in circumstances indicate that the carrying amount uf its long-lived assets may not bmrecoverable. |fa change in circumstances warrants such on evaluation, undiyoounted future cash flows from the use and ultimate disposition of the asset, ao well en respective market values, are estimated to determine if an impairment exists. Management believes that there has been no imp irment of the carrying value of its long-lived assets at December 31, 2021 and 2020. Revenue and Cost Recognition- Contract revenue is generated from general excavation services through fixed-price and dmm'and'rnateha|scontracts, Substantially all revenue |n recognized over the period of the contract. See Note 2 for additional revenue recognition disclosures. Income Taxes- Brackney, Inc., with the consent of its stockholders, has elected to have its income taxed directly to its stockholders under the provisions of Subchapter S of the Internal Revenue Code, the effect uf which ieto eliminate federal and state income taxes at the corporate level. |tis the intention of management to distribute funds to the stockholders in amounts at least sufficient to pay the increased personal taxes, which result from the election. Income tax expense represents state and municipal taxes for those states and municipalities not allowing the pass-through of taxable income tuBraokney. |nc.'ostockholders. Tax expense was $8.QQ9and $53.317 hor2Q21 and 2020. Brackney Development, LLC is treated as a partnership for federal income tax purposes and does not incur federal income taxes, Instead, its earnings and losses are Included |o the personal returns mYthe members and taxed depending on their personal tax situations. |tis the intention oYmanagement to distribute funds to the members |n amounts at least xuffioienthn pay the increased personal taxes. The combined financiai statements do not reflect a provision for federal income taxes. Accounting for Uncertainty in Income Taxes-Accounting standards require the evaluation of tax positions taken, or expected to be taken, in the course of preparing the Company's tax returns, to determine whether the tax positions are "more-likely-than-not" of being sustained by the applicable tax authority. This staterritnt provides that a tax benefit from an uncertain tax position may be recognized in the combined financial statements only when it is"more-likely-than-not"the position will be sustained upon examination, including resolution of any related appeals or litigation processes, based upon the technical merits and consideration of all available information. Once the recognition threshold io met,the portion of the tax benzi it that is recorded represents the largest amount of tax benefit that is greater than 60 percent likely tobm realized upon settlement with a taxing authority. No significant uncertain tax positions exist aaoy December 31. 2O21. � sxmBn'«' Page saover BRACKNEY,INC.AND AFFILIATE NOTES TO THE COMB/NED FINANCIAL STATEMENTS NOTE 1 •SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES -CONTINUED Recently Issued Accounting Standards Not Yet Adopted-In February 2016, the Financial Accounting Standards Board ("FASB")issued Accounting Standards Update ("ASU")2016-02, Leases (Topic 842), which will require the recognition of right-to-use assets and lease liabilities for leases previously classified as operating leases by lessees. Since the issuance of this standard, there have been several additional standards issued relative to this topic. These standards will be effective for the calendar year ending December 31, 2022. Early application will be permitted. The Company is currently in the process of evaluating the impact of adoption of these standards on the combined financial statements. Advertising-Advertising costs are expensed as incurred. Advertising expense was $7,470 and$7,166 in 2021 and 2020. Subsequent Events- i preparing these combined financial statements, the Company has evaluated events and transactions for potential recognition or disclosure through March 22, 2022, the date the combined financial statements were available to be issued. NOTE 2 - REVENUE COGNITION The Company derives its revenue primarily from construction contracts. Contracts include water and sewage line installation, drainage control, roadways, and general excavation primarily in Indiana and Ohio. Revenue is recognized over time as the Company's performance creates or enhances an asset. that the customer controls. The Company generally has fixed price construction contracts and uses a cost-to-cost input method to measure the progress towards complete satisfaction of the performance obligation. Under the cost-to-cost measure of progress, the extent of progress towards completion is measured based upon the ratio of costs incurred to date to the total estimated costs at completion of the performance obligation. The Company has no contracts where revenue is recognized at a point in time. The timing of revenue recognition, billings, and cash collections results in billed accounts receivable, unbitled receivables (contract assets), and customer advances and deposits (contract liabilities)on the combined balance sheets. Amounts are billed as work progresses in accordance with agreed-upon contractual terms, either at periodic intervals or upon achievement on contractual milestones. Generally, the Company receives advances or deposits from customers before revenue is recognized, resulting in contract liabilities. In some instances, billing occurs subsequent to revenue recognition, resulting in contract assets. Contract costs include direct material, direct labor, equipment, and subcontract costs, along with certain direct overhead costs. General and administrative expenses are charged to expense as incurred. Contract modifications (change orders) are generally accounted for as a continuation of the original contract. The nature of the Company's fixed price contracts do not give rise to significant variable consideration and the Company is typically paid within 90 days of invoicing customers. The Company's customers routinely retain a portion of the contract price until completion of the project and final contract settlement; however, these retainage amounts are not considered a significant financing component as the intent of the withheld amounts is to provide the customer with assurance that the Company will complete the obligations under the contract rather than to provide financing to the customer. Incidental items that are immaterial in the context of the contract are recognized as expense. Costs incurred to obtain a contract are expensed as incurred when the amortization period is less than a year. The contract balances at December 31, 2021 and 2020 are presented on the combined balance sheets. At.January 1, 2020, contract balances included accounts receivable of$3,418,832, contract assets of $180,935, and contract liabilities of$1,952,120. 9 EXHIBIT'A' Page 69 of 87 BRACKNEY, INC.AND AFFILIATE NOTES TO THE COMBINED FINANCIAL STATEMENTS NOTE 3 -ACCOUNTS RECEIVABLE 2021 2020 Accounts receivable $ 2,558,564 $ 2,392,086 Retainage 1,072,932 1,309,873 Interest receivable 932 932 3,632,428 3,702,891 Less allowance for doubtful accounts 10,000 10,000 $ 3,622,428 $ 3,692,891 Trade receivables are pledged as collateral on the Company's line of credit. Retainages at December 31, 2021 are expected to be collected in 2022. NOTE 4 -PROPERTY AND EQUIPMENT 2021 2020 Machinery and equipment $ 8,337,792 $ 7,942,862 Vehicles 2,588,066 2,255,706 Buildings 2,609,947 2,589,141 Office equipment 26,665 26,665 Land 600,000 600,000 Total cost 14,162,470 13,414,374 Less accumulated depreciation 8,196,403 7,632,505 $ 5,966,067 $ 5,781,869 Total depreciation expense for the combined financial statement was $673,268 and $580,328 for 2021 and 2020. For 2021 and 2020, $61,518 and $25,633 of this amount Is Included in facilities expenses on the combined schedules of other income (expense). NOTE 5-LINE OF CREDIT The Company has a $3,000,000 line of credit available with a bank. The maximum amount loaned may not exceed a borrowing base calculation. Interest is payable at LIBOR (0.10% and 0.14% at December 31, 2021 .a d 2020) plus 2.0%, but under no circumstances will the interest rate be less than 1.0%.The line of credit is secured by all assets of the Company and matures in May 2022. There were no outstanding borrowings on the line of credit at December 31, 2021 and 2020. The line of credit contains certain restrictive covenants. The Company was in compliance with these covenants at December 31, 2021 and 2020. 10 EXHIBIT'A' Page 70 of 87 BRACKNEY, INC. AND AFFILIATE NOTES TO THE COMBINED FINANCIAL STATEMENTS NOTE G ' NOTES PAYABLE 2021 2020 - Vendor note, payable in monthly installments nf$8.18Sincluding interest et0.0QY6. collateralized byanexcavator, maturing in Ootober2O24. $ 210,322 284.553 Vendor note, payable hn monthly Installments of$3.387including interest atO.00Y6. collateralized by an excavator, maturing in July . 2025� 142.193 ' Vendor note, payable in monthly Installments of$8.533including interest atO.NUY6. collateralized bye exoavakor, maturing in April 2023, 136.361 238.631 Vendor note, payable in monthly installments of$4.268 including interest mtO,OQ%. collateralized by o loader, matured in September 2021. ' 38.408 488.878 561.592 Less current maturities of long-term notes payable 316.183 214.909 $ 272,693 $ 346.883 Current maturities of long-term notes payable over the subsequent four years are aufollows: 2022 $ 218.183 2023 148,004 2024 101.541 2025 23.148 $ 488,876 There was no interest expense in 2031 and 2020. NOTE 7 -PAYCHECK PROTECTION PROGRAM LOAN In April 2020,the Company received loan proceeds in the amount of$809,800 under the Paycheck Protection Program ('13PP~)which was established ao part cf the Coronavi,ua Aid, Relief and Economic Security Act(''CARE8Ac^). PPP loans and accrued interest are forgivable after a "covered period" aa long oothe borrower meets certain criteria. The Company initially recorded a note payable and subsequently recorded loan forgiveness when the obligation was legally released. The Company recognized $8O9.8UOof loan forgiveness income for the year ended December 31, 2020, which is included in other income in the accompanying combined statements mf operations and equity. 11 ExmBm'A' Page nofer ^ BRACKNBY, INC. AND AFFILIATE NOTES TD THE COMBINED FINANCIAL STATEMENTS NOTE 7 'PAYCHECK PROTECTION PROGRAM LOAN 'continued |n February 2021. the Company received a second-round PPP loan |n the amount cf$816.000. This loan follows the same provisions as the previous loan and is forgivable after a covered period as long as the borrower meets the specified criteria. The Company initially recorded o note payable and recorded forgiveness upon being legally released from the loan obligation in2O21. Forgiveness for this loan has been reflected in other income in the accompanying combined statements of operations and equity. NOTE 8 'EMPLOYEE RETENTION CREDIT The Company experienced w significant decrease in gross receipts in certain 2021 quarters as compared to2U10. Due to this decline in gross receipts, the Company qualified for the Employee Retention Credit ("'ERG"), The ERC was provided for under the CARES Act, including subsequent amendments. For the year 2021, the ERC was equal to 70% of qualified wages paid to employees during a qualifying quarter, capped et$1O.080of qualified wages per employee. This payroll tax credit was available to offset certain employment taxes with any excess being refunded. The ERC for2O21 was estimated to be $562.608 and is reported as an other receivable on the combined balance sheets and as other income on the combined statements uf operations and equity, NOTE B 'COMMON STOCK The Company has 9,900 non-voting and 100 voting shares of no-par common stock authorized, issued and outstanding ut December 31. 2O2O. The stated value ofthe shares |n $55. NOTE i0 'COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS The summary of contracts in progress inonfollows: 2021 2020 Costs incurred on uncompleted contracts $ 22,770.082 $ 23.547.023 Estimated gross pmfi* _ 7,618.885 6.838.498_ 30,388.047 28.384.421 Less billings Vodate 23'151.678 .31.138.580 $ 1.337.459 * (1.755.145) Excess billings over revenue earned to date and excess revenue earned over billings to date are included |n the accompanying balance sheets anfollows: 2021 2020 Contract assets * 1.633.133 $ 202.478 Contract liabilities (395.664) (1.957^623) $ 1.237.469 $ (1.755.145) - 12 exmenvf Page 7oof 87 BRACKNEY INC.AND AFFILIATE NOTES TO THE COMBINED FINANCIAL STATEMENTS NOTE 11 'BACKLOG OF CONTRACTS ' UNAUDITED 2821 2020 Beginning of year balance $ 6.790.470 $ 14.970.860 New contracts and adjustments 21.290'407 6.858.841 Less contract revenue earned during the period 14.943,477 15.040.231 End of year balance $ 13.137,400 $ 8.700.470 NOTE 12 ' MONEY PURCHASE PENSION PLAN The Company has a dLrfined contribution money purchase plan covering substantially all employees. The benefits of the Plan are based on the number of hours of service on jobs contracted with the government under which there ioa prevailing wage rate requirement. There are no eligibility exclusions, and participants are fu|ly vested at all times under provisions of the Plan. The Company contributed $3G4.879 and$4O1.950to the Plan for 2021 and 20J0. NOTE 13'CASH AND RESTRICTED CASH For purposes of the combined balance sheets and the combined statements of cash flows, cash is considered operating cash held in a checking account with a financial institution, Restricted cash consists of those amounts to be maintained In the checking account as a requirement of the line of credit. The following table provides a reconciliation of cash and restricted cash reported within the combined balance sheets that sum to the total of the same amounts shown In the combined statements of cash flows. 2021 2020 Cash $ 3.836.064 $ 2.613.351 Restricted cash 35'000 35.000 Total cash and restricted cash shown in the combined statements mfcash flows $ 3,671'064 $ 2.847.351 NOTE 14 'SUPPLEMENTAL CASH FLOW INFORMATION 2021 2020 NmnuoahTnomomcUons: Real property distributed to stockholders of8rmokney. Inc. $ - $ 2,700.000 Real property ooniributedby members toBrmnkney Qeve|opment. 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I- ,Z Cee. u) i= EL 12 ri LU t- D c 0 -" IV LI-4 I'Ll 0 ILI j2 a a. u j c'l 2 -0 0 Z < 0 (a 0 ,...< c an "" CI -. d ' -0 , c4 c4 u_Ce z Er' e 't >- c z a) Ue u... a. z 2 -0 d 0 co 02 LLI o g 2 ici 0 0 tY w a I- e,- a) 0 a) c.) 0 0 (.9 0 Z LLI a) ci) BRACKNEY, INC.AND AFFILIATE COMBINED SCHEDULES OF COST OF REVENUE EARNED Years Ended December 31. 3O21 and 2020 2021 _ 2020 Amount Percent Amount Percent Depreciation $ 611.750 4.1 554.695 3.7 K8mhehu| 3,949.703 26.5 5.970.255 39.8 Rarda| 47.435 0.3 42.216 0.3 Repairs and maintenance 540'619 3.$ 604.027 4.0 Subcontractors 1.108.602 7.5 1.861.271 13.4 Other direct costs 206.854 1.8 266.680 1.7 Labor and benefits 4.016.423 26.9 3.864.355 25.7 Delivery expense 283.719 1.9 267.035 1.8 Bonding insurance 128.641 0.8 68.568 0.5 Travel and entertainment 13,387 0.1 12.890 0.1 Small h»o|m 104.075 O'T 80.028 0.5 * 11.071'008 74.3 $ 13.581.020 . 90.5 See independent auditors' report. 18 sxn|a|T'x' Page/anrar BRACKNEY, INC. AND AFFILIATE COMBINED SCHEDULE OF REVENUE - COMPLETED CONTRACTS Year Ended December 31,2021 Revenue Recognized Job Contract Total Gross in Prior 2021 No. Job Name Amount Cost Profit Years Revenue Hamilton/Fairfield 1840 Township, OH $ 2,879,510 $ 2,085,603 $ 793,907 $ 2,824,423 $ 55,087 1850 Richmond, IN 1,976,182 1,233,203 742,979 2,058,020 (81,838) 1920 Parker City, IN 1,025,636 616,444 409,192 993,442 32,194 1930 Hamilton, OH 882,344 655,295 227,049 810,554 71,790 1940 Batavia, OH 1,639,322 1,469,950 169,372 1,563,473 75,849 1970 Berne, IN 3,279,299 2,481,378 797,921 3,039,261 240,038 2010 Connersville, IN 809,930 714,871 95,059 716,944 92,986 2140 Connersviile, IN 981,576 663,269 318,307 - 981,576 Various - - - - 462,055 $ 13,473,799 $ 9,920,013 $ 3,553,786 $ 12,006,117 $ 1,929,737 See independent auditors' report. 19 EXHIBIT`A" Page 79 of 87 • CD CO (0 ' ' N C'D (7) 'Zr ,-- r) N +. 01 N CD (0 C) C'D In N (0 el 0 4 E a) o N 0 (0 o c N 6 (C 06 N 6 N7:-. ri C') co co CC) CO 4.. 0 CI C 0 1-- 0 Co 0 < v- 1- (..) 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CC 7,0) (4- Cr)-- A i'-i, I' (© N ru:-! cc NJ rcs E, 4 w co , xi. 4- N.: h: 6 .- 6 .- a c•I .- 6 -J 4' 0 a Lo CV N 0 CD 0 eo 0 e- e- N N O. c E m. 7. N. 7 NI. 't I". h CI. (1) t°- Ci tn. E0 .- — co — ..r- r- ir) O 0 < *- 'Zr c.) bo (). z = tu m z a) ui Lu E t- •- o cv {a z z z ca. Zi w .o I CD Kiz 6K — zz 0 — — i E 11- C))U_ 0 T- 0 15 0 , 7 0' 2 tai _,, ci ci 0 n e „i 73 o Li) -6 c c . c- < u j cl o 8 g •E a) , a,) . La t) 0 0 0 ,.., x ar, c .) , 0 CD • LU a, 2 2 co 0 0 0 Z C.5 2 2 :.1. 0 -.E. (.) M (., a) z OW -o 7 u) 0 c a I'D ci z a) a) z z -a ID Y c .0 u a al 0 to c) a a a a a a a a aCD •_ g g 145) —, cc) _ Lc, N el r- N C") 10 CO V- 00 1-. ',-. 1-. N N N 04 N N N Cs4 C".1 0) a) CO C.) ›- U.) BRACKNEY, INC. AND AFFILIATE COMBINED SCHEDULES OF GENERAL AND ADMINISTRATIVE EXPENSES Years Ended December 31, 2021 and 2020 2021 2020 Amount Percent Amount Percent Advertising $ 7,470 - $ 7,166 - Bank fees and service charges 2,077 2,950 - Dues and subscriptions 27,586 0.2 22,904 0.2 Insurance 95,521 0.6 83,496 0.6 Miscellaneous 68,332 0.5 49,833 0.3 Office supplies and postage 51,625 0.3 53,804 0.4 Officers'salaries 325,297 2.3 297,304 2.1 Professional services 67,925 0.4 80,546 0.5 Real estate taxes 27,518 0.2 20,394 0.1 Rent 12,100 0.1 5,000 - Repairs and maintenance 15,649 0.1 604 - Taxes-other 8,909 0.1 53,317 0.4 Telephone 8,585 0.1 5,425 - Travel and entertainment - 10,358 0.1 Utilities 13,786 0.1 11,321 0.1 $ 732,380 5.0 $ 704,422 4.8 See independent auditors' report. 21 EXHIBIT'A' Page 81 of 87 BRACKNEY. INC.AND AFFILIATE COMBINED SCHEDULES []F OTHER INCOME(EXPEN8E) Years Ended December 31.2U21 and 2020 2021 2020 Amount _Percent Amount Percent Gain (|nnu)onsale and disposal of equipment $ 0,251 0.1 $ (17.148) (0.1) Interest income 3'552 ' 7.333 - Lease and rental income 4.200 ' 4.200 - Other income 852.620 5.6 823.823 5.5 Facilities expenses (79.028) (0.5) (25.633) (0.2) Employee Retention Credit 582.509 3.8 ' - % 1.351,504 9.0 $ 793.675 5.2 See independent auditors' report, 22 Exn|o|T'A' Page 82 vrer • AFFIDAVIT FOR CORPORATION By virtue of the original Articles of incorporation or some The following officers arid othirs are authorized to execute subsequent official action of the Stockholders or Board of contracts binding the corporation: Directors,the following are the current officers of the corporation: Chairman of the Board MARK E.BRACKNEY 1. MARK E.BRACKNEY President KEVIN BRACKNEY 2. KEVIN BRACKNEY Vice President CHRISTA WILSON 3. DOUG BRUNS 4. a. 6. 7. • Secretary CHRISTA WILSON 8, Treasurer 9. 10. Capital paid in cosh When Incorporated? In whaststa? JANUARY 1,1983 INDIANA If a foreign corporation,give data admitted to do business In Indiana(minfrldfyy) le the corporation In good standing with the Secretary of Slate oft“ a In the matter of annual reports?YES STATE OF INDIANA $S. COUNTY OF FRANKLIN KEVIN BRACKNEY , being duly sworn,deposes and says:That he Is PRESIDENT of BRACKNEY,INC ;the corporation submitting the foregoing statement of experience and financial position;that he has read the same and that the same Is tru knowledge;that the statem nt is for the purpose of inducing the Indiana Department of Transportation to award the submitt any depository,vendor,or other agency therein named or with whom they have had business relations is hereby authorize. Department with any Information necessary to verify the statement Signature of officer Sworn before me th s day of June._ ,20 Aa — • _ J1;na-ekri)EA. , Resident of FRANKLIN County, State of IN • Notary Public) My Commission expires(mmio'cf/W) %-13- NOTE;The The Indiana Department of Transportation will not accept any document that le notarized by a notary who Is an officer,stockholder of the corporation,or by any relative of the signatory. I) TINA REISTER Notary Public,State of SEAL) Commission Number 1 Indianao3or *44. My Commission Expires. St" August 13,2025 Page 22 EXHIBIT'A" Page 83 of 87 Cs4 2 o 4.4 el r 1 1 o 2 f‘4 C) el Cs4 ti , - (3 , z 1 , r- , o LLI D 01 — a) co 1: Z a ' , 1 5: n 2 , ul I . g I— I— 1 Ca Ca LU CI a o (s4 (0 ,, (SI v- 2 0 ('4 (No 4'4 o.t; te; 0 Ikt) 04 0 Cs4 ! 44) 0 T- 0 v- st; co co c; ci ci c; 0 c; c; c; .lig Pr , Q 8 to 2. . to Ct.. . co . ar 0 . 144 . ,..,., ... . ... ..... ... . ..... .... • . ••• :..• .. . 8 . ...... .. . ,-..... . . 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LU : ,,,.......,,. : •• •,„ 1„ft•!•,„„,„I'..!•:„;„••„.„„,„ , 1:..„,„„......... . 11„,„.„„:„:„„.„„„•„• ,„,,....... ' .,1 ••„•,....... *.,-., •o•:„.„0:.„-„„, ,,* „...„•!„„„•,-1:1„.„,!•11 !„'N„.„:„„„•„,„„1„,„„,„„„..„,l,„,„,„ !•1.,•„:„:„,,,,,!(1),•„„• , • . , .„.,.,,,„ „- •,"- ••,••,..,...„. . , „„1„:„,„!:„.„•,1„•0 ..:,,,,:„:„,:,,,,.„:.: ,••:: ' rip!,,•,,,,,,I,,,,•!•!•!:!:1,1 ........,...._,., ,,, ......„......„ , • .• ll:',1,,,,,!•,,,,,!,,A.. . ,,,, ','••••••:::,,•1 •,,,,,,,,,,,,,!,,•1 ,,,I, ,,!,,,,,I,,,,,,,,,, .,.•. ...,,,,. 01,100,111. _ .,,,c,,,IM .t... C:.• Cr, CO 1`,. , Ole ATO,PAS (SI o tN4 o ,-- o , o r- a . cq. tst Cs1 04 (44 . • . , • . 7 , E-VERIFY PROGRAM Pursuant to Indiana Code 22-5-1.7-11, the Contractor awarded the Bid is required to enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program. The Contractor who is awarded the Bid is not required to verify the work eligibility status of all its newly hired employees through the E-Verify program if the E-Verify program no longer exists. The individual person(s) executing this Proposal, being first duly sworn, depose(s) and state(s) that the Contractor does not knowingly employ an unauthorized alien. The undersigned further affirms that, prior to entering into an agreement for this Bid, the undersigned business entity will enroll in and agrees to verify the work eligibility status of all its newly hired employees through the E-Verify program. Written Signature: Printed Name: keV/A/ e y Title: )617ES/e9e/Or Important— Notary Signature and Seal Required in the Space Below STATE OF _ cUft/3.14 COUNTY OF FRAt)kb SS:/ti Subscribed and sworn to before me this 3/ day of —44,1,m4414 , 208 My commission expires: 0 q zo (Signed) U—.0 it A It g) Residing in FRAttlid;A.i County Printed Name: t.\\0,1cce., bcbis,s State of 7„-,„. NATALIE DAVIS Notary Public,State of Intliona rS E A9:1 Franklin County oi Conziacctun=:M07,43607 YSeptornber 13 2030 P-49 EXHIBIT"A" Page 86 of 87 2 CERTIFICATE OF NO INVESTMENT ACTIVITIES IN IRAN (Executive Order 13846) 1. Executive Order. Reference is hereby made to Executive Order 13846 (E.0.). Terms used herein, not otherwise defined herein, shall have the meanings ascribed to them in the E.O. 2. Contract. Reference is hereby made to that certain Agreement between Owner and Contractor for Construction Contract (Stipulated Price), by and between ,04/17C/c/A.,ley _440. ( Contractor") and City of Richmond Sanitary District a Governmental Body ("Owner") respecting that certain project known as Hayes Lift Station and Force Main Improvements Project (the "Project"). 3. Certification. Pursuant to Executive Order 13846 (E.O.), Contractor hereby certifies to Owner that Contractor is not engaged in Investment Activities in Iran. 4. Contract File. Pursuant to Executive Order 13846 (E.O.), this Certificate shall be placed in the Contract File for the Project. In Witness Whereof, Contractor has executed this Certificate as of --1,4,0[4.Aqv „I/ , 202,. BRA C Al/t)ey _. ...)e- (Contractor) ..-- By: , (Si r4 9natu . Printed Name: Ked/A) A4dJiy Title: ik fa/.6944 r — , STATE OF —4001e/4/OA SS: COUNTY OF FR Aiti ait) Subscribed and sworn to before me this ...3/ day of ---A----;)zedt,42.y , 2C) My commission expires: 09/11) 2.00 (Signed) Residing in T;t2nAjkl.,,t..) County Printed Name: Liak-a\le LI/1\1i s State of 1' c C c i cc ct lc )rIr /I ,, , ' I ,f) , q P-50 EXHIBIl 'A' Page 87 of 87 EXHIBIT `B': Other Provisions A. COMPLIANCE WITH INDIANA [-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status ofall 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 [-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 22-5-1.7-1 I (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 he 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. IT 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 5-22-1.6.5. 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 atliove. C. PROHIBITION AGAINST DISCRIMINATION 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 Contnictor 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°B° Page 1 of 2 b. 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; c. That there may he 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. 1That 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. Will IOLDINcRETAINA(3FAND CLAIMS FOR. PAYMENT Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the event Contractor fails to 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 36-1-12-12. EXHIBIT'B' Page 2 of 2