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114-2012 - Parks - Thor Construction - Glenn Miller Club House.
AGREEMENT THIS AGREEMENT made and entered into this ��ay of �)q, 2012, and referred to as Contract No.2012 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as the "City") and Thor Construction Company, 1111 Northwest "T" Street, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the Glen Miller Clubhouse renovation (including, but not Iimited to ceiling, flooring, carpeting, restrooms, and HVAC) for the Richmond Parks Department in Richmond, Indiana (the "Project"). Bid Specifications dated August 14, 2012, have been made available for inspection by Contractor, are on file in the offices of the Superintendent of the Parks Department and the Director of Purchasing for the City of Richmond, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Responses is attached hereto as Exhibit A, which Exhibit is dated August 30, 2012, consists of five (5) pages, and is also hereby incorporated by reference and made a part of this Agreement. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary which are incidental to the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION 11. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 114 -2012 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed One Hundred Nine Thousand Seven Hundred Dollars and Zero Cents ($109,700.00) for complete and satisfactory performance of the work required hereunder. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the completion of the project, which completion shall be on or before November 30, 2012. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be Iimited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. WITHHOLDING, RETAINAGE, AND CLAIMS FOR PAYMENTS 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 delivery of materials under this Agreement that the Board. of Public Works and Safety for the City shall withhold payments in an amount sufficient to pay the Page 2 of 6 subcontractors, 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. SECTION VI. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate SECTION VII. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and Page 3 of 6 therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person acting 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; Page 4 of 6 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption Page 5 of 6 EXHIBIT PAGE OF n 2, L ¢1 (D n• rt z C (D 0 n 0 Q7 a � � V � n (D t.Jr F'• O f- m 0 -n � CD V ) X Q i-1 03 N W /� � O 0 m 0 rt s Q co fn O Y r� Y z 0 n rt m m rt H rt rj M rt I or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation "CONTRACTOR" THOR CONSTRUCTION COMPANY 7 4- ®ja rner, President Date: 21 APPRO • - -f " A" Sarah L. Hutton, Mayor Date: Printed: (,R j/r%1E 1- D � S Ii9M45k Title: //)' Date: Page 6 of 6 EXHIBIT PAGE OF< State Form 52414 Prescribed by State Board of Accounts Form No. 96 (Revised 2005) CONTRACTOR'S BID FOR PUBLIC WORK — FORM 96 PART (To be completed for all bids. Please type or print) Date: August 30, 2012 1. Governmental Unit (Owner): City of Richmond, Indiana 2. County: 3. Bidder (Firm): Thor Construction Company Address: 1111 Northwest "T" Street City/State: Richmond, IN 47374 4.. Telephone Number: 765-962-6553 5. Agent of Bidder (if applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of City of Richmond, Indiana (Governmental Unit) in accordance with plans and specifications prepared by Browning Day Mullins Dierdorf Architects and dated _ 111y 24, 2012 for the sum of One Hundred Nine Thousand Seven Hundred Dollar$ 109,700.00 The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or. agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (i.C. 5-16-8-2). I hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. understand that violations hereunder may result in forfeiture of contractual payments. BASE BID IS OPTION #1 OPTION #2: Add $1,070.00 OPTION #3: Add $1,750.00 EXHIBIT PAGE OF ACCEPTANCE The above bid is accepted this day of subject to the following conditions: C ontracting Authority MeI bers: PART 11 (For projects of $100,000 or more — IC 36-1-12-4) Governmental Unit: City of Richmond, Indiana Bidder (Firm) Thor Construction Company Date: August 30, 2012 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? Contract Amount Class of Work Completion Date Name and Address of Owner $969,750. Turnkey Construction 5/12 City of Richmond 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work EXpected Completion Date Name and Address of Owner $5,108,647. Combined Construction 12/31/1 Richmond Community Schoo $1,326,622. Turnkey Construction 8/12 City of Richmond 255 715. Combined Construction 8/12 Richmond Community Schools r Ls EXHIBIT PAGE Ll OF<� NO 3. Have you ever failed to complete any work awarded to you? If so, where and why? 4. List references from private firms for which you have performed work. Tiedemanu - Bev.'s Industries ion Hospitalit __Boys & Girls Club of Wayne County, Inc. SECTION 11 PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc, and any other information which you believe would enable the governmental unit to consider your bid.) Work can begin on notice. 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. A subcontractor list will be provided upon request. 3. if you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. No subcontract bonds required. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. All equipment -necessary is available. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. yes SECTION Ill 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 PAGE _S OF SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him,.entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at 1111 N.W. "T" St. this 30th Thor Construction C By STATE OF Indiana ) ss COUNTY Oi _Wayne ) day of August 2012 any, a division of Carroll Electric inoybrpnization) Inc. President % (Title of Person Signing) ACKNOWLEDGEMENT Before me, a Notary Public, personally appeared the above -named Daniel D. Stamper and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 30th day of A gust 2012 ,�- Y c1 Notary Public My Commission Expires: _ June 27, 2014 County. of Residence: Union Affidavit of Employment Eligibility Verification The Contractor, Thor Construction Co. , affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this30Lh-day of _ .August , 2012 (signature) Daniel D. Stamper (printed name) r CONTRACTOR'S FINANCIAL STATEMENT Submitted by with principal office at To Condition at dose of business Thor Construction 1111 Nortwast T Street Richmond, IN 47374 b 3a 12 1. Cash: (a) On hanc $ (b) in bank $ (c) Elsewhere $ 2. Notes receivable (a) Due within 90 days........................................................................................... (b) Due after 90 days............................................................................................ (c) Past due.......................................................................................................... 3. Accounts receivable from completed contracts, exclusive of claims not approved for payment............................................................................................................................................. 4. Sums earned on uncompleted contracts as shown by engineer's or architects estimate (a) Amount receivable after deducting retainage...................................................... (b) Retainage to date, due upon completion of contracts ......................................... 5. Accounts receivable from sources other than construction contracts..................................................... 6. Deposit for bids or other guarantees: (a) Recoverable within 90 days ........................................ (b) Recoverable after 90 days .......................................... 7. Interest accrued on loans, securities, etc. 6. Real estate: (a) Used for business purposes ................ (b) Not used for business purposes..-. ... ............ .......................... ......... ................. 9. Stocks and bonds (a) Listed -present market value. ............ ............. ............... .............. ..................... (b) Unlisted -present value. ..................... ................................................................. 10. Materials in stock not included in ttem 4 (a) For uncompleted contracts (present value)...... (b) Other materials (present value) ........................ 11. Equipment, book value ...................................................................................................................... 12- Furniture and fixtures, book vale ....................................................................................................... 13. Other assets ....................... •... ................. ...................... ... .......... .,.......... .... ......... ........................... Total assets LIABILITIES 1. Notes payable: (a) To banks regular................................................................................................ (b) To banks for certified checks ............. ............................. ..... ............................... (c) To others for equipment obligations.................................................................... (d) To others exclusive of equipment obiigations...................................................... 2. Accounts payable. (a) Not past due......................................................................................... ............. (b) Past due ... .... ............. ...................... ............ ............ I-. ..... ...... 3. Real estate encumbrances .......... ................. ..... .............. ............. ................... ... .. ... ........ I................... 4. Other liabilities ...... ...................... ................. .................... ......-......................-............................. ........ S. Reserves...... ........ ...................... ................. ....... ....... ........... ................ .................................... 6. Capital stock paid up: (a) Common...................................................................................... (b) Common. .... ............... ........... .......... .... . .............................. (c) Preferred............................................................. (d) Preferred ..................... ...........-..-...- -.. 7. Surplus (net worth................................................................. ....... .........-......... .....-............... Total liabilities and net worth CONINGENT UABIUTIES - 1. Liability on notes receivable, discounted or sold................................................................................... 2. Liabitiby on accounts receivable, pledged, assigned, or sold................................................................ 3. Liability as bondsman .................. .............. ......................... ...... I.... I ....... .......... .......... -------- ..-............. 4. Liability as guarantor on Contracts or accounts of others ...... ........................ ..... ... ....- .... ...................... 5. Other contingent liabilities ........ ............................................. ................... ..:....... ....... .. I—— ............... Total contingent tiabilides x A CORPORATION A CO -PARTNERSHIP AN JNDIVIDUAL 4 4 4 2 0 N Q N E M1 CONTRACTOR'S FINANCIAL STATEMENI X A CORPORATION Submitted by Carroll Electric, Inc A CO -PARTNERSHIP with principal office at 1 111 Noftwest T Street; Richmond IN 47374 AN INDNIDUAL To Condition at close of business 6 361 2 Assets DOLLARS C 1. Cash: (a) On hanc $ (b) In bank $ (c) Elsewhere $ 1 7 2 9 7 2 2. Notes receivable (a) Due within 90 days............................................................................. (b) flue after 90 days ...... ...................... ............................. ........... (c) Past due.......................................................................................... 3. Accounts receivable from completed contracts, exclusive of claims not approved for $ $ 2 4 9 $ payment............................................................................................................................... 4. Sums earned on uncompleted contracts as shown by engineer's or architect's estimate (a) Amount receivable after deducting retainage........................................ (b) Retainage to date, due upon completion of contracts ........................... 5. Accounts receivable from sources other than construction contracts ....................................... 8. Deposit for bids or other guarantees: (a) Recoverable within 90 days.. __ ................... (b) Recoverable after 90 days ............................ 7. Interest a=ued on loans, securities, etc. 8. Real estate: (a) Used for business purposes................................................................. (b) Not used for business purposes.......................................................... 9. Stocks and bonds (a) Listed -present market value................................................................ (b) l.Iniiste l-present value......................................................................... 10. Materials in stock not included in Item 4 (a) For uncompleted contracts (present value)...... (b) Other materials (present value) ..................... 11. Equipment, book value ............... .......................................................................................... 12. Furniture and fixtures, book valu.................................................................... ..................... 13.Other assets ........................................... ..........._...,.....__.._......................_........... - Total assets UABILMES I. Notes payable: (a) To banks regular............................................................ ...................... (b) To banks for certified checks ..... ........ ............................. ...................... (c) To others for equipment obligations...................................................... (d) To others exclusive of equipment obligations .................................... . 2. Accounts payable: (a) Not past due........................................................................................ (b) Past due ... ................. .......... ............ .................. ........... 3- Real estate encumbrances ... ....... ................. ... ......................:............................................... 4. Otherliabilities...... ...................... ................. ........ .........._._.............._..........................._......... 5. Reserves,_., ........ ........ __ ........ ................. ................... 8. Capital stock paid up: (a) Common...... ......... ... _ ............................ .............. (b) Common ...................................... ............................... (c) Preferred.......................................................... (d) Preferred ..................... ................... _........_......_._... 7. Surplus (net worth................................................................................................................ __-- Total liabilities and Net Worth CONTINGENT LIABI MES 1. Liability on notes receivable, discounted or sold_.................................................................... 2. Liabilitiy on accounts receivable. pledged, assigned, or sold ......................................... 3. Liability as bondsman............................................................................................................ 4. Liability as guarantor on contracts or accounts of Others_ ... _ ......... ................ ............ 5. Other contingent liabilities........................................................................................... Total continuant liabilities 4 2 5 E C y THE AMERICAN INSTITUTE OF ARCHITECTS KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter tali the Principal, and A!A Document A310 Thor Construction Company 1111 Northwest °T" Street Richmond, IN 47374 Guarantee Company of North America USA 25800 Northwestern Hwy, Ste 720 Southfield, Ml 48075 a corporation duly organized under the laws of the State of Michigan as Surety, hereinafter called the Surety, are held and firmly bound unto City of Richmond 50 North 5th Street Richmond, IN 47374 as Obligee, hereinafter call Obligee, in the sum of Five Percent of Attached Bid Dollars ($ : . 5Q/o ), for the payment of which sum well and truly to be made, the said Principal and the •said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Glen Miller Club House Renovation NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and staled this 30th day of August 2012 T (Witness) Thor Construction Co Daniel D. Stamper Pre�'dent Gua Stephen X of North America (Tine) (Seal)_, (Seal) (Seal) -Pact AIA DOCUMENT A310 • BID BOND • AIA O • FEBRUARY 1970 ED • THE AMERICAN t INSTITUTE CF= ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, Q.C. 20006 STATE OF ILLINOIS County of DuPage EILEEN F. LEITE , a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that STEPHEN J. LEITE of the GUARANTEE COMPANY OF NORTH AMERICA USA who IS personally known to me to be the same person whose name 15 subscribed in the foregoing instrument as such ATTORNEY -IN -FACT appeared before me this day in person and acknowledged that HE signed, sealed and delivered the said instrument of writing as HIS free and voluntary act, and as the free and voluntary act of the said GUARANTEE COMPANY OF NORTH AMERICA USA for the uses and purposes therein set forth, and caused the corporate seal of said Company, to be thereto attached. o Given u is .:.. day of��— )R_ I OFFICIAL SEAL EILEEN F LE "E Notary Public n THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Stephen J. Leite, Eileen F. Leite, Sylvia L. Patterson, Paul Johnson S.E. Leite and Company, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and at bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shalt be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the Sy -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the f ttorney-in-Fact cannot be modified or revoked unless prior written persona# notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 61h day of December 2011, of which the foilowing is a true excerpt: RESOLVED that the signature of any authorized officer and the seat of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings, obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. Jp 7E", IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and .� yY its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. r, THE GUARANTEE COMPANY OF NORTH AMERICA USA oRnl A%1 STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of`said Company; that the Corporate Seal and each signature were duiy affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan :' ." County of Oakland My Commission Expires February 27, 2016 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a rower of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, whichisstill in full force and effect. ,PR, riTEf �� IN WITNESS WHEREOF, I have th_ereunto set my hand and attached the seal of said Company this _Z `day of V"oz- 6 u 4, q r. y 'O4TH AuER� P Randall Musselman, Secretary ACC)R" CERTIFICATE OF LIABILITY INSURANCE 1w+r DATE 012./} O8I2212€312 . THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER VanVleet Insurance Agency 1110 S. "A" Street CONTACT NAME- PHONE FAX AIC No Ext:(765)935-5655 Arc No:(765)935-6164 ADDRESS: vanvleetC)vanvleetinsura nce.com IN5URER(S)AFFORDINGCOVERAGE NAIC# Richmond, IN 47374 INSURERA: Erie Insurance Group INSURERB: Erie Insurance Group Thor Consruction 1111 NW T St INSURERC: Erie Insurance Group Richmond, IN 47374-1474 INSURERD: INSURER E : INSURER F r_CIVFRAf,FR C_IPRTIFICATE N(IMBER! REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES or INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL t SUER POLICY NUMBER POLICY SFF MMIDD POLICY EXP MMIDD EJMITS A GENERALUABIUTY COMMERCIAL COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCUR Q420152047 611/2012 611/2013 EACH OCCURRENCE $ 1000000 DAMAGE ToX PREMISES RENTED $ 1000000 MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 20000OO GEN'L AGGREGATE LIMIT APPLIES PER: x POLICY PRO- LOC JECT PRODUCTS -COMPIOPAGG $ 2000000 $ B AUTOMOBILELIABiL1TY x ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS Q060130634 611/2012 611/2013 EaseddenSINGLELIMIT $ BODILY INJURY (Perperson) $ 1000000 BODILY INJURY (Per accfdent) $ 1000000 PROPERTY DAMAGE PeraccideM $ 1000000 C UMBRELLA LIAB EXCESS LIAR X OCCUR CLAWS -MADE Q300170401 611 /2012 6/1/2013 EACH OCCURRENCE $ 2000000 AGGREGATE $ 2000000' DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' [.LABILITY Y I N ANY PROPRIETORIPARTNERIEXECt$TIVE❑ OFFICERfMEM8ER E(CL.UDED7 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS belaN N!A I WC STALIMTU- OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE FOP INF0RI';1,4TK)N PIJRPOSES THE EXPIRATION DATE THEREOF, NOTICE VNLL BE DELIVERED IN ACCORDANCE VWTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 19BU-2010 AGURD CORPORA I IUIN. All ngntS reSerVea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD a�ru � o a ue e�esrn n � rya tuts Ls� ,3 tv 5 A9Vq9�9�pt0, %m;lQ 05/09/201 z 1'1118� CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEN. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TIME POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURrER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, if SUBROGATION IS WAIVED, sub(ect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s). PRODUCER CO A NAME. RND/Patti In§prance & Financial Services PHONE 765.966.7531 F 765.�35.24ii 36 South 9th StreetrADDKMS: Ara Na: l'. 0. Box 2167INSURERS) AFFORDING COVERAGE NAIC # Richmond, I[V 47375RA: Eastern Alliance Insurance Co.. 8801 INSURED Thor Construction INSURERB: 1111 NW T Street INSURERC: Richmond, 1N 47374 COVERAGES CERTIFICATE NUMBER: 11/12 Thor Construction REVISION NUMBER: rvuu 7, I nucu AoVyC run I r7C t-uwuY YrHmu INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAiro, THE INSURANCE AFFORDED BY T HE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE N; ��� INSR WVD POLICY NUMBER GENERAL LIABILITY POLO C EFF MMIDONYYY POLICY FXP MMIDDIYY LIMITS - EACH OCCLIRRENGE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE CCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & AOV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE UUviiTAPPLIES PER: UCY PRO- POLOC JECT PRODUCTS -.COMPIOPAGG $ g AUTOMOBILE LIABILITY �SINUU= LIMIT ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED (Ea accident $ BODILY INJURY (Per parson) $ BODILY INJURY(Peraccidenj $ (Per accident) $ UMBRELLA LIAS OCCUR EXCESS LIAa CLAIMS -MADE EACH OCCURRENCE $ AGGRFOATE S DEO RETEN-rloN S AND EMPLOYER ' LLABI IT 07--6000001598-0 AND EMPLOYERS' LIABILITY A OFRCEROIMEM ER EXCLUDED?NExEGUnVf� N 1 A (Mandatory in NH) IF yes describe under 11/22/2011 11122/2012 WC STATU- or - T TORY LIMITS ER $ EL. EACH ACCIDENT $ 5()0,0() E.L. DISEASE -EA EMPLOYE $ 500, 00 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 50(), Q© --_.___...------ ._...__,v,,u..............w,�r,..uu«,.,�rra.,,arroaci.euare,rtMate space Isrequirea! a-1=K11rIL;§AI t HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAhCSLLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. - AU I 14UK1ls--17 K�Err,ESMNTATIVE �J e Rick Nier'sbach, CPCU/CMg W� 01958 2010 ACORD CORPORATION. Ail AGi3Rp 25 (201®l0s) The ACORD name and logo are mglstered marks of ACORD CONTRACTOR'S FINANCIAL STATEMENT Submitted by Thor Construction with principal office at 1111 Nortwast T Street, Richmond, IN 47374 To Condition at dose of business 6735712 1. Cash: (a) On hanr $ (b) In bank $ (0) Elsewhere $ 2. Notes receivable (a) Due within 90 days.......................................................................................... (b) Due after 90 days ...... .--•................................................................._............... (c) Past due............................................................................... 3. Accounts receivable from completed contracts, exclusive of claims not approved for payment. ...................................................................... 4. Sums earned on uncompleted contracts as shovdn by engineer's or architect's estimate (a) Amount receivable after deducting retainage..................................................... (b) Retainage to date, due upon completion of contracts ........................................ 5. Accounts receivable from sources other than construction contracts .................................................... 6. Deposit for bids or other guarantees: (a) Recoverable within 90 days ....................................... (b) Recoverable after 90 days ......................................... 7. Interest accrued on loans, securities, etc. 8. Real estate: (a) Used for business purposes. ................................................................ (b) Not used for business purposes....................................................................... 9. Stocks and bonds (a) Listed -present market value ... ,......... ................................................................ (b) Unlisted -present value ...................................................................................... 10. Materials in stock not included in Item 4 (a) For uncompleted contracts (present value)...... (b) Other materials (present value) ........................ 11. Equipment, book value...................................................................................................................... 12. Furniture and fixtures, book valu................. ...................... ... ....._............ ........ ................... I .............. . 13. Other assets..................................................................................................................................... Total assets LIAt31LITIES 1. Notes payable. (a) To banks regular............................................................................................... (b) To banks for certified checks ............................................ —....... _........._........--- (c) To others for equipment obligations................................................................... (d) To others exclusive of equipment obligations..................................................... 2. Amounts payable: (a) Not past due..................................................................................................... (b) Past due........................................................................................................ 3. Real estate encumbrances................................................................................................................. 4. Other liabiliGes................................................................................................................................... 5. Reserves..... ......... ........... . ......... ................. ..... ................ ............. ............... ... -- ................ ..... S. Capital stock paid up: (a) Common..................................................................................... (b) Common ......... ............................................ ....................... (c) Preferred..................................................................................... (d) Preferred ..................... ......................... .................... ___ ....... I. Surplus (net worth ...................... ........................... Total liabilities and net worth CONTINGENT LIABILITIES 1. Liability on notes receivable, discounted or sold................................................................................... 2. Liabilitiy on accounts receivable, pledged, assigned, or sold................................................................ 3. Liability as bondsman. ................. ................. ...................... ............. ............... ........... ____ .............. 4. Liability as guarantor on contracts or accounts of others...................................................................... 5. Other contingent liabilities..................................................................................................................... Total contingent liabilities X A CORPORATION A CO -PARTNERSHIP AN INDIVIDUAL DOLLARS s�f 2 0 0 0 4 N O N E CONTRACTOR'S FINANCIAL STATEMENT Submitted by Carroll Electric, Inc with principal office at 1111 Northwest T Street, Richmond IN 47374 To Condition at dose of business 6 30 12 Assets 1. Cash: (a) On hant $ (b) In bank $ T (c) Elsewhere $ 2. Notes reteivebte (a) Due within 900 days............................................................................. (b) Due after 90 days............................................................................... (c) Past due............................................................................................ 3. Accounts receivable from completed contracts, exclusive of claims not approved for payment..................................... .............. ......................... ....................'--••---- -------------.-.. 4. Sums earned on uncompleted contracts as shown by engineer's or architect's estimate (a) Amount receivable after deducting refainage........................................ (b) Retalnage to dale, due upon completion of contracts ........................... 5. Accounts receivable from sources other than construction contracts ....................................... 6. Deposit for bids or other guarantees: (a) Recoverable within 90 days .......................... (b) Recoverable after 90 days ............................ 7. interest accrued on loans, securities, etc. & Real estate: (a) Used for business purposes................................................................. (b) Not used for business purposes.......................................................... 9. Stocks and bonds (a) United -present market value................................................................ (b) Unlisted -present value......................................................................... 10. Materials in stock not included in Item 4 (a) For uncompleted contracts (present value)...... (b) Other materials (present value) ...................... 11. Equipment, book value ...................................................... I .... ................ ..-..--- •--- ................. 12. Furniture and fixtures, book valu........................................................................................ 13. Other assets........................................................................................................................ Total assets LIABILITIES 1. Notes payable: (a) To banks regular ............................... ............................. ................... ., (b) To banks for certified checks............................................................... (c) To others for equipment obligations .......................... (d) To others exclusive of equipment obligations ....................................... 2. Accounts payable: (a) Not past due....................................................................................... (b) Past due ... ..... ............ ..... ................. ........... ................... I-- ... — 3. Real estate encumbrances................................................................................................... 4. Other liabilities..................................................................................................................... 5. Reserves............................................................. ................................. 6- Capital stork paid up: (a) Common.—..... ............................................. (b) Common..._.................................................................. (c) Preferred.................................................................. (d) Preferred........ 7- Si rmii m fn¢t wnrth Total liabilities and Net Worth CONTINGENT UABILiTIES 1. Liability on notes receivable, discounted or sold...................................................................... 2. Liabilitiy on accounts receivable, pledged, assigned, or sold— ........ -- .............. ...................... 3. Liability as bondsman, ................. . -- ...... .... — ................... ...... .. . ................ _ ..................... 4. Liability as guarantor on contracts or accounts of others ......................................................... 5. Other contingent liabilities...................................................................................................... Total contingent liabilities X A CORPORATION A CO -PARTNERSHIP AN iNDMDUAL 6 2 4 9 4 2 1 5 N O N Et]