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HomeMy Public PortalAbout007-2013 - layne heavy civil inc-eastside interceptor replacemeThis document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. SUGGESTED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMIMUTTEE and Issued and Published Jointly by ACEC AAIEIUGhN 1A1MCM OF TNC C 011MANICS ASCEAmerican Society of Civil Engineers GENFO4 C h S REM +INTEGRITY I�ONs sl 4 National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERJCA AMERICAN SOCIETY OF CIVIL, ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by IV CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. C-1 Contract No. 7--2013 This Suggested Form of Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. The language contained in the Suggested Instructions to Bidders (EJCDC C-200, 2007 Edition) is also carefully interrelated with the language of this Agreement. Their usage is discussed in the Narrative Guide to the 2007 EJCDC Construction Documents (EJCDC C-001, 2007 Edition). Pursuant to the directions for the use of these documents, the title pale indicates that they contain modifications. In all cases, the modifications are identified by either a strike out of a given sentence or paragr h or are underlined to reflect any insertions. Copyright cC 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.or American Council of Engineering Companies 1015 15th Street N. W., Washington, DC 20005 (202) 347-7474 www.acec.orl~ American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.ora Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.age.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. C-2 EJCDC C-520 Suggested Farm of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright 8 2007 National Society of Professional Engineers for EJCDC. All rights reserved. C-3 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Richmond, Indiana ("Owner") and Layne Heavy Civil, Inc. ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Base Bid includes the construction cost for installing approximately 8,136 linear feet (--1,374 linear feet open cut. and =6,762 linear feet trenchless tunneling) of 48-inch inside diameter interceptor from Structure #208 to Structure #322 (i.e. Line A) including all work as shown in the Contract Drawings and described in the Specifications (including but not limited to connection sewers, lateral reconnections, structures, structural modifications, shafts, temporary earth retention systems, excavation, backfilling, erosion control,. traffic control, surface restoration, construction engineering, monitoring plan, and bypassing). Mandatory Alternate Bid Item 91 includes the incremental cost assuming the approximately 8,136 linear feet of 48-inch inside diameter interceptor from Line A is increased to a 54-inch inside diameter interceptor (with same inverts as the 48-inch interceptor). The incremental cost for Mandatory Alternate Bid Item #1 shall cover all costs to increase the diameter of the interceptor to 54 inches including but not. limited to increasing structure sizes, interceptor size, tunneling size, and excavation size to accommodate the larger 54-inch inside diameter pipe. All work, materials, and engineering related to altering the size of structures, connections, and corresponding appurtenances to accommodate the 54-inch interceptor from Line A shall be included in the incremental cost for Mandatory Alternate Bid Item #1. ARTICLE 2 — THE PROJECT 2.1 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: East Side Interceptor Re lacement Project Phase III ARTICLE 3 — ENGINEER 3.1 The Project has been designed by Commonwealth Engineers, Inc. 7256 Come an Drive Indianapolis, In 46237 (Engineer), which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract 3 Contract No. 7-2013 Documents in connection with the completion of the Work in arnordannP with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.1 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within * days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within * days after the date when the Contract Times commence to run. * SubstantialIy complete and provide all items into operation (service) within 670 consecutive calendar days from the date in the Notice to Proceed and fully complete and provide all items into operation (service) within 60 consecutive calendar days from the date of substantial completion. 4.3 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 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 time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,000.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,000.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01-:B, and 5.01.0 below: A. For all Work other than Unit Price Work, a lump sum of: $ All specific cash allowances are included in the above price in accordance with Paragraph 11.02 of the General Conditions. 4 Contract No. 7-2O13 B. For all Unit Price Work, an amount equal to the sum of the established unit price for each . separately identified item of Unit Price Work times the actual quantity of that item: UNIT PRICE WORK item Estimated Bid Unit No. Description Unit Quantity Price Bid Price SEE ATTACHED BID SCHEDULE Total of all Bid Prices (Unit Price Work) $12,544,731.00 The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. C. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.1 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.2 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price 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. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of 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 in the General Requirements. * As fluids become available. 1. Prior to Substantial Completion} progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. 5 Contract No. 7-2013 a. 95 percent of Work completed (with the balance being retainage). e and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an arnouot sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 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 tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the . maximum legal rate. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.1 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has c4refully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, 6 Contract No. 7-2013 if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated an the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall cgU out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance a eements. Failure by the Contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. (Appendix A to Part 33—Term and Condition) K. Re uired Contract Provision due to SRF fundin as found in Part 1IB of the Contract Documents and Specifications: 1. Attachment A -Form WH-347 2. Attachment B—Re uired Contract Provisions Related to Davis -Bacon Act and Related Acts. 3. Attachment C--Re uired Contract Provisions Related to Wage -Fringe Benefit Certification. 4. Attachment D-IFA Waage- Fringe Benefit Certification Form 5- Attachment E Re uired Contract Provision Related to Suspension and Debarment. 7 Contract No. 7-201.3 ARTICLE 9 — CONTRACT DOCUMENTS 9.1 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages C-I to14, inclusive). 2. Performance bond (pages C-I I to C-13 , inclusive). 3. Payment bond (pages C-14 to C-16 , inclusive). 4. Other bonds (pages _ to _, inclusive). a. (pages to , inclusive). b. (pages to , inclusive). c. (pages to , inclusive). 5. Standard General Conditions (pages 1 to 62, inclusive). — Part 3 6. Supplementary Conditions (pages 1 to 16, inclusive). —Part 4 7. Specifications as listed in the table of contents of the Project Manual. Including Parts 5-11. 8. Drawings consisting of 82 sheets with each sheet bearing the following general title: City of Richmond East Side Interceptor Replacement Project Phase M. 9. Addenda (numbers 1 to 3 , inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 43 , inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages C-17 to C-17, inclusive). c. Indiana State Revolving Fund Loan Program DBE Packet (pages 1 to 4, inclusive) 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages C-18 to C-18, inclusive). b. Work Change Directives. c. Change Orders. 8 Contract No. 7-2013 B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 — 10.1 Terms MISCELLANEOUS A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.2 Assignment of Contract A. No assignment by a parry hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.4 Severahility A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.5 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 9 Contract No. 7-2013 "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10 Contract No. 7-2013 10. 6 Other Provisions A. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 2.2-5-1.7, Contractor is required to enroll in and verify the work eligibili1y status of all newly hired em to ees of the contractor through the Indiana E-Veri pro am. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana .E-Veffy_pro _am if the Indiana E-Verify_program no longer exists. Prior to the performance of this Agreement, Contractor shaIl rovide 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) das 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 Ap,reement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public propegy, the Cijy mgy 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. 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 his 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) dys after the „written notice is given to the Contractor, the City mgtiproceed with any remedies it may have pursuant to IC 5-22- I6.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this A eement and terminate the agiegmept upon the expiration of the ninety (90) day_ period set forth above. C. PROHIBITION AGAINST DISCRIMINATION 1. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or gU person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be em to ed in the performance of this A eement with res ect to hire tenure terms conditions or privileges of em llgyment 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 hiringof f employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or M person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or a.ncesgy,, against any citizen of the State of Indiana who is Qualified and available to perform the work to -which the employment relates, b. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this A eement on account of race religion, color, sex national origin or ances 11 Contract No. 7-2013 c. That there may be deducted„ from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar dayuring which such person was discriminate_ d against or intimidated in violation of the provisions of the Agreement,• and d......That this A eement may be 6anceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. 3. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement D. WITHHOLDING RETAINAGE AND CLAIMS FOR PAYMENTS Contractor understands acknowledges and a ees that ursuant to Indiana Code 36-1-12-13 the Cily must provide for the pUment of subcontractors laborers material supliers, and those performing services.- under a public works contractor and further agrees that in the event Contractor fails to timely pn an subcontractor, laborer, or material sLipplier for the performance of services or delivery of materials under this Agreement that the Board of SaniLWT Commissioners for the City shall withhold pgyments in an amount sufficient to Dgy the subcontractors, laborers material suppliers, or those providing services. Contractor further understands acknowledges, and . a ees that the Board shall proceed with the ro er administrative procedures initiated as the result of Lny claims timely filed by an subcontractor, laborer, or material sLipplier under Indiana Code 36-1-12-12. E. COMFLIANCE WITH COMMON CONSTRUCTION WAGE LAW Contractor shall coLnply with all pEovisions of Indiana Code 5-16-7 Common Construction Wage law, and shall during all of Contractor's work under this A eemen provide the Ct with cam lete and accurate certified pMll documents. Contractor shall use the forms pLovided by the Department of Public Work and En 'neerin . Such documents shall be submitted within seventy- two 72 hours of each pgy period for work completed under this A eement. Should Contractor fail to timely soply the Qfty with said documents or if the Qy has questions concerning the documents submitted Ct reserves the right to do any of the followin 1. Stop a ents to Contractor under this Agreement 2. Interview em to ees to verify wage a ents• 3. Request from Contractor copies of cancelled payroll checks; 4. Report Contractor to the Indiana Department of Labor; 5 Re port_ Contractor to the Internal Revenue _Service, 6. Consider Contractor to be "non -responsive"; 7. Consider Contractor to be in breach of this Aueement; and/or S. Refuse to hire Contractor for future contracts with the city. 12 Contract No. 7-2013 IN WITNESS WHEREOF,. Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf This Agreement will be effective on FAW(l 2013 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR City of Richmond, Indiana, Board of Sanitary Commissioner§ Layne Heavy Civil, Inc. By: By: Gv� Title: Sue Miller, President ZCLP t-6� Gil KI se, Vic President I *-it �-- g ti s Member Attest: Title: -071V APPROVED: Mayor Sarah L. Hutton Date: 41w, 6 Address for giving notices: Richmond Sanitary District 2830 Liberty Ave. Richmond, IN 47374 Title: Ashley Quinn, District Manager (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: bJu-,,Ju,6J-�.&dA Title: Wendy Scudder, Assistant Corp Secretary Address for giving notices: 2971 Kraft Drive Nashville, TN 37204 615-255-3161 License No.: 13 Contract No. 7-2013 (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution (Where applicable) of this Agreement.) Agent for service of process: C T C orporation 251 E Ohio St., Suite 1100 Indianapolis, IN 46204 14 Contract No. 7-2013 November 13, 2012 The Board of Sanitary Conirmssioners of the Sanitary. District of Richmond, Indiana, xnet in regular session at the Administration Building, 2380 Liberty Avenue, on Tuesday, November .13,. 2012. Those present were Richard "Dick" Bodiker-President,, Gilbert "Gil" Klose-Vice president, Greg.Stiens — Member, Walt Chidester City Attorney; Site Silberstein Assistant City Attorney, William Harris — Director, Robin Frazer -Recording Secretary,. Tammy. Glenn : City Controller, Elijah Welch -- District Engineer, Jeff I ohmoel.ler Manager of WWTP and WCTV. The first order of business was to approve the minutes froze the October 23, 2012.. Mr. Klose made a motion to amend and approve the minutes. Mr. Klose stated that a "lr" needed added to the 2" page I5` paragraph to appear 14—inch. Ms. Silberstein stated that. Walter Chidester -.vas present at the October 23, 2012 meeting. Ms. UbersteiA also clarified 2nd page last sentence' should be Mr. Kose, not ibis. K.Iose. The 3" page 5"` line, change lean to "lien" and lastly on. the 3fa page, 3'paragraph states that Mr. Klose made a raotion to enter into a Service Agreement for a Ricoh Copier in tlae amount of $72.00 a year. She stated the motion was to include the purchase for $3,064,00, Ms. Silberstein stated that the amount for the purchase of the Ricoh Copier has beeir lowered due to a document feeder included on the State QPA amount that was not needed, costing $2,8190.00 as well as the,$72.00 annuril service agreernont. Mr. Steins made a motion to approve and accept amended minutes. Mr. Klose seconded. Motion carried. The next order of business was to approve the invoices. The invoices were in. the. amount of $261,256:23, covering October 171" & October 25�' amid Nov P' 2012, Mi•, Stierts made a'motion to approve the invoices. Nh% Klose seconded. President Bodiker addressed purchases of large amounts of auto part items with blankets available. to utilize and vendors: that were on the invoices. The motion carried by a 2.-1 vote. The next order of business ,,vas a recommendation to award Eastside Interceptor Phase III Sewer Replacement project. Mr. Welch. made a recornrnendatian. to award a contract for the Eastside Tntorceptor Replacement Phase TILT Sewer Replacement Project to Layne Heavy Civil, !no.. of Orleans; IN as the lowest responsive and responsible bidder for the constrirctiori of the Eastside Interceptor Replacement Phase 1IT project. Tlie base bid was $11,984,731.00 and the mandatory alternate bid was: $56.0,000.00 fora total bid of $123544,731.00, Nh% Welch stated he had spoken to seNreral references and recommendations for this company, Mr. Welch stated this company is an International company and has completed similar projects. Mr•: Welch stated that award shall be made subject to receiving. financing through the Indiana State. Revolving Fund (STF) loam program. Mr. Stiens rnado'ii motion to approve awarding the Eastside Interceptor Replacement Phase IITI Sewer Replacement Project for base bid of $11,984,73 L00 and the mandatary alternate of $560,000.00 for a total bid of $.12;544,731.00, subject to receiving financing through the Indiana State Revolving hued (SRF) loan program. Mr. Klose seconded, Motion passed. The next order of business was to award quotes for Preventative Maintenance Services and Testing on MV and LV Power Distribution Equipment at the Waste Water Treatment Plant: Four (4) quotes were sent out with one (1) addendum. Mr. Lohmoeller made a recommendation to award a contract to Bader Mechanical in the amount not to exceed $ 67,181.00. Mr. Klose made a motion to award a contract to Bader Mechanical for the Preventative Maintenance Services and Testing on MV and LV Power Distribution Equipment at the Waste Water Treatment Plant, for an amount not to exceed -$67,181.00. Mr. Stiens seconded. Motion passed. The next order of business was to receive quotes for the Landfill Building Renovations, requests were sent to six (6) vendors, three (3) responded with addendum 1 & 2 acknowledged. President Bodiker advised all quotes would be-xefen-ed to management for review and recon nendation. e Geier Construction $109,805-.00 • Srnarrelli Contractor $113,408.00 • Crane Inc $139,781.00 The next order of business was to award contract for Purchasing and Installing a Replacement Compressor Building Switchboard at the Wastewater Treatment Plant. Mr. Lohinoeller made a recommendation to award a contract to Cummins Electric in the ai.hount not to exceed $140,250.00. Mr. Stiens made a motion to aNvard a contract to Cummins Electric not to exceed $140,250.00, Mr. Klose seconded. Motion carried. The next order of business was to award a contract for Two (2) Rotork Electric Motor Actuators and Two (2) 14-inch.DeZerik Plug Valves. Mr. Lohmoeller made a recommendation to award a contract to DL Anderson Company of Lafayette Indiana, Mr. Lohnioeller stated that one (1) quote was submitted on time, one additional quote submitted late. Mr. Klose made a motion to award a contract to BL Anderson Company of Layette Indiana, for $15,300.00 per valve and actuator or $30,600.00 for the two (2) valves and actuators . Mr. Stiens seconded, Motion passed. The next order• of business was the Director's Report, Mr. Haaxis stated that the District is moving forward with billing services of sewer and storm water. _ Mr. Harris stated that if the public would like to contact the District they may do so by email at Sanitary a richmondindiana. ov or telephone at (765) 983-7450, Mr. Harris stated that lie has gotten a lot of positive feedback from the public regakUp*�.#he Open House on October 24`'', 2012. The next order of business was to approve budget transfers. Mr. Lohmoelld made a request to transfer funds of $12,300.00 from the capital account 308.38,308.139.000.4310 to be placed into the landfill fuel accorurt 308.38.308.138.000,2210. Mr. Stiens made a motion to transfer $12,300,00 from account 308.38.308.138.000.4310 to account 308.38'.138.000.22 10. Mr. Klose seconded. Motion passed. The next transfer i equcs was. for transferring funds-fxom solid waste capital account ` 60138:302.139,000.4490 to the 601.38.302.139.000.2321 repair parts account in the amount of-$47,738.00. The part account is ($22,962.54) negative and the parts 'needed cost approximately $24,738.0.0, lulr. Lohmoetler iilso asked the Board to approve the transfer of $92,500.00 to satisfy the friel accounts and to fiind the rest of the 2012-year fuel use for the solid waste vehicles. Mr. Lohriioeller 'madc a recommendation to transfer a total of$140,2 00.00 from account 601.38.302.1.39.000.4490, Mr. Stiens made annotion to approve transfer of fiinds from account 601.38.302.139.000A490 to the 601,38.302.139,000.2321 repair pants account total of $.1.40,200.00, Mr. Klose seconded. Motion passed. The next transfer request -vas for.$I60.00 from account 6.80.3$ 306,137,000.4413 capital. account to the. 680.38.304.137.000.2213 fleet repair account. Mr. Lohmoellei� asked the board to approve the transfer of $450.00 from the. account 680,38,306.1.37,000.4413 to the 680.38.303.137:000.2210 fiiel account to finish the rest ofthe 2012-year. Mr. Lohniaeller asked the board to approve the.transfer of $34,150.,00 froin the 680.38,306.137,000.441?, capital account to the 680.38.3KI37,000.22,10 fucl: account to finish out the rest of the: 2012 calendar yeay. Mr. Lohmoeller asked that $34,760.00 to he transferred f o'm the 680.38.306.137.000.4413 account. Mr. Steins trade a niPtion to approve transfer of funds in. the amount of $3.4,760.00. Mr. Klose seconded. Motion passed The neat transfer request was for $1,800.00 fi•oin 601.38.302.139.000.4490 capital _ accoittit to the 601.38.302:139.000.3990 accoLilit. Me. Lolunoller stated that. would satisfy the accounts paying Elite Clean, cleaning:services, Axarnark, uniform laundry service and Pardo's towing track service; Mr. Lohmoeller asked [lie board to approvQ the transfer of $3,650,00 from the 601.38.302.139-000.4490 capital account to the 601..38.302.139.000.3623 repair service account from Greens Fork ,Alignment and Jackson Oil accounts, Mir, Lohinoeller stated. that this vlill finish out the 2012 calendar year. Mr. Lolin7eller asked .that a total of $5,450.00 be transferred from the 601,38.302.139.000.4490: account. Mr, dose made d motion to approve the u U)sfer the amount of $5,450.00, Mr, Steens. seconded. Motion passed., The next transfer requester for was $7,760.00 from 680,38.:306,137.000A413 capital account to the following accounts. $4,500.00 to 680.38.303.137,000.3990 account, $1,700.00_to 680.38.304.137,000.3.990 account, $1,410A to 680.38.305.137.000.3990 account to satisfy cleaning service and laundry accounts. Ivlr. Lohmoeller requested that $150.00 tie placed into the 680.38.304.137.000..3621 repair service account. 114r. Lola-ioeher stated this wi.lI. finish the rE ;t. oQ012 calendar year. IV.Ir. Lohmoel.lcr requested.a total amount of$7,760.00 to be transferred from 68.0,38,306,137.000.4413, Mr. Stiens made a motion'to approve.the transfer of funds in the amount of $7,760.00, Mr, Klose seconded. Motion passed. The last transfer request. is to transfer $3.6,750.00 froin .account 680.38,306:137.000.4412 capital account to 680.38.301.137.000.3170 technical service account. Mr, Lohimeller stated that this transfer will. cover the sewer billing ucount with iiidiana American Water for the months of September and October. Mr. Lolunoeller explained that a.[iew requistion will be Written for $9,000.00 to supply data that allows sewer and storm water rates to be billed Pei• usage. of water nionthly. Mr. Klose trade a motion to approve transfer of Rinds $3.6,750.00 froth account 680,38.306.137.000.4413 to account 680,38.301.137,000.3170. Mr. Stiens seconded. Motion passed. The next order of business vvas the Project Status Report, Mr. Welch, District Engineer gave an update on the Districts current projects. _. The next order of business was discussion froni AI~CSME Union President Danny Sexton. Danny Sexton. 2448 Pleisaniview Poad and employed by the City ot'Richniond Street. Department. Mr. Sextoai ypol<e regarding Resolution'15 — 2012 pei-taining to the restructuring ofjob description, ,assistant Superintendent to Operations of Inspection. Mr. Sexton stated that management is not following proper publication and notifications per union contract and it bas been brought to his attention that benefits of, the new position may benefit others within the AFCSME Union. Mr. Sexton extended an invitation for a Board rmamber to present. during Unions Negotia#ions anal U ion Labor Mallagentent meeting, President Bodiker stated that one (1) inernber of the board. may be able to observe proceedings;for meetings, Having'more than one (1) attend would not be allowed due; to publication and notification laws. President Bodiker stated that the board does not negotiate nor enforce the Union Contract, that is.a legal natter for attorneys. President Bodiker thailked Mr. Sexton for attending. The next order of business Nvas a motion to amend previous motion to award contract to purchase Ricoh copier. h4s. Silverstein nude a recommendation to amend the previous purchase amount of $3,064:00 to $2,819,00 with the annual scivice agreement of $72,00 Year. Mr. Klose made a motion to amend the previous motion to purchase a Ricoh Copier for $3,064.00 and annual service agreement $72.00 a year to $2,819.00 and annual agreement of $72,00 year. Mr, Stiens seconded. Motion passed. With rich further business, Mr. Stiens made a motion to adjouni the meeting. Nfr• Klose seco�nd. d. Motion .carried. The meeting was adjounie/d. Robin Frazer,..Recordi.ng Clerk Richard Bodiker, President .0 DiA30 CITY OF RICHMOND 50 NORTH FIFTH STREET RIMMOND, IN 47374 PRONE (765) 983-7207 - FAX (765) 983-7212 Ianail-rnayor@richmondindiana.gov . December 28, 2012 Sanitary Commission 2380 Liberty Avenue Richmond, IN 47347 Re: Appointment to the Sanitary Commission Dear Sanitary Commission: SALLY L. HUTTON Mayor I am writing to inform you upon Richard Bodiker's term expiration, December 31, 2012, -I have appointed Sue Miller to fill his vacant position. Sue's term is co -extensive with her Storm Water Management Board expiring on December 31, 2013. I have great confidence inn her as she has always given her all. She is such a value to have on the team. - If you Have any questions please call me at 765-983-7207. Sincerely, Sally L. Hutton Mayor, City of Richmond P pkds DIAL SALLY L. HUTTON Mayor CITY OF RICIINIOND 0 NORTHPIFTH STREET - RICHMOND, IN 47374 PHONE (765) 983-7207 - FAX (765) 983-7212 Email - inayor®richmondindsana.gov January 9, 2012 Sanitary Commission Willimn Harris, 2380 Liberty Avenue Richmond; IN 47347 Re: Re -appointment to the Sanitary Commission Dear William Harris: Lam writing to inform you of Ix1y decision to re -appoint Gil Klose to another four-year term on the Richmond Sanitary Commission. Gil's new term will expire on December 31, 2015. 1 have great confidence in Gil as he always gives 110%. He is such a value to have on the team and an excellent fit for your board. If you have any questions please, call me at 765-983-7207. Sincerely, Sally L. Hutton Mayor, City of Richmond. CERTIFICATE The undersigned, Wendy Scudder, hereby certifies that she is the duly elected, qualified, and acting Assistant Secretary of Layne Heavy Civil, Inc., a Indiana corporation (the "Corporation"), and as such is familiar with the books and records of said Corporation, and does hereby certify the following: 1. that Ashley Quinn is the District Manager of the Corporation; 2. that the resolutions set forth below were adopted by Minutes of Action Taken in Lieu of a Meeting of the Board of Directors of said Corporation by written consent, dated March 1, 2010, that the following is a true and correct copy of such resolutions as they appear in the minute books of the Corporation, and that such resolutions are in full force and effect. Authority to Enter Into Contracts WHEREAS, the Board of Directors deems it in the best interests of the Corporation to state the bid, contract and purchase order limits of the various officers and employees of this Corporation. Now, THEREFORE, BE IT RESOLVED, that effective as of March 1, 2010 and in lieu of all previous actions of the Board of Directors, the authority of the following officers and employees of this Corporation to (i) accept customer purchase orders and affix the corporate seal thereon; (ii) issue bids and/or enter into contracts with customers; and (iii) enter into contracts with venders in connection with the sale of this Corporation's products and services and the purchase of supplies and equipment, in the name of and on behalf of this Corporation, shall be for an amount up to and including the amount set forth beside each of their titles in the following schedule: Title Amount Chief Executive Officer $ 15,000,000 President $ 10,000,000 Executive Vice President or Vice President $ 5,000,000 Assistant Division Manager, District Manager, or Branch Manager $ 1,000,000 FURTHER RESOLVED, that the chief executive officer, president, executive vice president, or vice president of this Corporation may delegate the authority to enter into contractual commitments which they are authorized to execute pursuant to these resolutions to any other officer, assistant division manager, district manager, branch manager or other employee of this Corporation and may, as requested by any third party, indicate such delegation by addressing a letter or other written document to such third party. FURTHER RESOLVED, that prior to execution thereof pursuant to the preceding resolution, any contract in excess of the authorized limits granted herein must be approved by any two members of the Board of Directors; provided, however, that the execution of any contract in accordance with the preceding resolution may be considered by all third parties to be conclusive evidence that all appropriate authority pursuant to these resolutions has been granted. FURTHER RESOLVED, that the secretary, any assistant secretary, or any other officer of this Corporation be, and they hereby are, authorized to certify a copy of these resolutions, and any customer of this Corporation is hereby authorized to rely upon said certificate as so presented; and 3. that in accordance with these resolutions, two members of the Board, Messrs. Jeffrey J. Reynolds and Rene J. Robichaud, have granted authorization to Ashley Quinn, District Manager of Layne Heavy Civil, Inc., to sign all contract documents and change notices between the City of Richmond, IN and the Corporation, in an amount up to and including $15 Million, pertaining to the project known as: East Side Interceptor Replacement Prolect — Phase III. IN WITNESS WHEREOF, Wendy Scudder has hereunto set his hand this 23rd day of January, 2013. J�U--X-A &-CA [CORPORATE. SEAL] Name: Wendy udder Title: Assistant Secretary IL o 0 qq p p p n p p p q p LL r tSp 3` e( 4 a v� M 0 u c o o CZ ua fK� Q Li rA 1 .� V q RV Q ro y G Vs A �C IL 0 ng Alb to `W� � Q '� v q kQ 993 Q Ns CIA .7 Ul UI 37 W w W J J J J _j -j J 1 J w w w w ❑ � i�0 r N N N W M N n N [y N V N ❑ m � N N- Q m y� m r 2 ¢ rt u c ro m v � • - m ❑ m fl Nm BO=ai:ir?tggu- O c w lsstl E G ❑ u c N c ID c 'a m m O In m ro (� U `o V H O m 0 Z - m o' U) Z, c � m a .ca a cm m a a G m a m m m a U m N 7 R ti in t m _rt ❑ m t m g O V 2_ t m .o V w t m so o in t .tee �o o w G s m eo a N � a -2 } t � �d O m r � ❑ �d o a t m o a � ro 0 O n o H j co c U }a N 7 p, UJ > 4 7 4 W fai Q (n U LL U tz m In 7 4 m ffl 7 IL 33 Gs 03 N N A N y Q- Z C] m u O ro cm4+ CV m �' (V 0 a5i 2+1 w N ai m V m Q a 1� a y o- a rG U C7 m r H N P c N N U] V] CO f17 iA SA fn S!Y Vl ❑ M M - 2 �[- cni e- vmi .- m M M P-13 Addendum A3 In Z O s U LL Q u, J d z y 0 W m m n � w � ` � � � �a `= O � • • � 0 ao g `� R - o� � o n U 4: Nk, c seNil w a t 'k 3 tf. J IL J LL J LL J LL J LC J LL J LL J LL J LC � LL J 0 J N N S/] U1 N 11 lt. Q O 0 O a N a N a N v N m E m d m m ry m m 9 m U E y c c d U `m a E Vi U O U TCC1 m W - m - in m N - m ❑ — >L dl N m a m m N R a .2 0 0 0 c b F- C c C 2� N m > d u OI v N N U ffJ to EL O C O y C _ O Ot E 'tl C _ 6 G 6 O INm m_ w a a U U N 2 1Y E m IL N N' LL O. H its ¢ W ryry If) o N N H N N N H � r t- P•14 Addendum #3 EJCDC R ENGINEERS JOINT CONTRACT DOCIMIENTS COMMIDEE PERFORMANCE BOND CONTRACTOR (name and address): SURETY (came and address ofprincipal place of business): Layne Heavy Civil, Inc. Travelers Casualty and Surety Company of America 2971 Kraft Drive Construction Services, Travelers Bond & Financial Products Nashville, TN 37204 One Tower Square, Hartford, CT 06183 OWNER (name and address): City of Richmond 50 North 5th Street Richmond, IN 47374 CONSTRUCTION CONTRACT / Effective Date of the Agreement: - / fPlol013 Amoullt:$12,544,731.00- Twelve Million, Five Hundred Forty -Four Thousand, Seven Hundred Thirty -One Dollars and Zero Cents -- Description (name and location): City of Richmond, Indiana / East Side Interceptor Replacement Project - Phase III BOND Bond Number: 105856065 Date (nol earlier than the Effective Date of the A eement of the Construction Contract): 4 O 13 $12,544,731:00- Twelve Million Five Hundred Forty -Four Thousand, Seven Hundred Amount: Thirty -One Dollars and Zero Cents -- Modifications to this Bond Form: Q None F-1 See Paragraph I6 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Layne Heavy Civil, Inc. �Uj.01 *11`1 (seal) Contractor's (Name and Corporate Seal Surety's Name and Corporate Seal By: t', By: Signature SignatItacii'p-64er of attornoy) Ashley Quinn Print Name District Manager Title Attest: "s 13.+.. &,-,, Sig ature Wendy Scudder Assistant Corp Secretary Title (seal) Travelers Casualty and Surety Company of America Print Name Steven M. Garrett Attorney -in -Fact Title Attest: 64k Xognigbire Deborah A. Y s Title Attorney -in -Fact Notes: (1) Provide supple newal e-recadon by any additional parties, such as joint venturers. Q) Any:sh gular reference to Contractor, Sure0j, Owner, or other party shall be considered plural tvhere applicable. EJCDCC-61©--PeribrinauceBond S. Annette Mullet Published December 2610 by the Engineers Joint Contract Documents Committee. Garrett -Stott of Indiana, LLC Page 1 0l'3 Suitee216Carmel Drive Carmel, IN 46032 BOND NO.: 1.05856065 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. 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 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) 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 Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall 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 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to 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 Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 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 a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract•, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in 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 to the Owner. If the Surety proceeds as provided in Paragraph 5.4, 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. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall 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: 7.1 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 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within EJCDC C-610 — Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 BOND NO.: 105856065 two years after the Contractor ceased working 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 shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this 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 or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract alter 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 to or on behalf of the Contractor under the Construction Contract. 14.2 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. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure 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. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. 16. Modifications to this Bond areas follows: EJCDC C-610— Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St, Paul Guardian Insurance Company Attorney -In Fact No. 220048 Certificate No. 005015882 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, and Linda Kapfhammer of the City of Louisville , State of Kentucky , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any -actions or. proceedings allowed by law. Not lfn ited to a Specific dollar amount. 28th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and then corporate seals to be hereto affixed, this day of August 2012 Farmington Casualty CompanySt. Paul Mercury Insurance Company Fidelity and Guaranty nsu Iranee Company. _s Travelers Casualty and Surety Company Fidelity and Guaranty insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Q �G�`�[-,•��}�� JpSAE d� �O�TN,�k,SU9 ¢�jNSf/q�.k 4,P�SY pNas �5f (�j�y,t�r �C % � 3 � n i�%% �C.0.4PGitATED m ! �c� �w:goAvonnrfn- w i 14 :FS a �95i �'•;SEALio�d�`+.SEli.T.3t w CONN. o i11 �°"'•/� w 7886 7 V A State of Connecticut City of Hartford ss. By: Georg 6Thompson, nior ice President On this the 28th day of August 2012 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.' My Commission expires the 30th day of June, 2016.1BL1�j tIF Marie C. Tetreault, Notary Public 58440-8-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FARTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FARTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian; Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unitedi Cates Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Company s;w i�li` q ih-611 fofce 4it'd effect and has not been revoked. d N III N, IN TESTIMONY WHEREOF, I have hereunto set my hand and afflied the seals of said Cbo[npanies this day of 20 Nk i.. Kevin E. Hughes, Assistant Sec tart' Q2 f1{cl f�r� 9�°ps� C-N," XQyrt9c"8'[Yu2�!�i a a t07 +197_71��aa' IItC1OR9Pn5RAftm e4 P � \Os`',P•K.s.F.O.avI�q/.��•fr�•�Lv��arY°_�cm '� :�#t6WsVv?;j............. .—P..�a. R._.4...:.l. SEAL`1cza (___ f'a�?a �4NcRpoYEFwV6q+A. f7,��j+'+�� Fa-qY� v.�'yyt } ww i To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. EJCDC ENGINEERS JO NT CONTRACT VOCUNIENTS CONUTTEE CONTRACTOR (name and address): Layne Heavy Civil, Inc. 2971 Kraft Drive Nashville, TN 37204 PAYMENT BOND SURETY (name and address ofprincipal place ofbasiness): Travelers Casualty and Surety Company of America Construction Services, Travelers Bond & Financial Products One Tower Square, Hartford, CT 06183 OWNER (name and address): City of Richmond 50 North 5th Street, Richmond, IN 47374 CONSTRUCTION CONTRACT Effective Date of the Agreement: -w Amount: $12,544,731.00- Twelve Million, Five Hundred Forty -Four Thousand, Seven hundred Thirty-one Dollars and Zero Cents -- Description (mire and location): City of Richmond, Indiana / East Side Interceptor Replacement Project - Phase III BOND Bond Number: 105856065 -7 Date (not earlier than the Effective Date oftlre Agreement of the Consh-rtction Contract):,gl,' o t3 Amount: Twelve Million, Five Hundred Forty-Fou Thousand, -Seven Hundred Thirty -One Dollar d Zero Cents-- Modifications to this Bond Form: None "See Paragraph IS Surety and Contractor, intending, to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Travelers Casualty and Surety Layne heavy Civil, Inc. (seal) Company of America (seal) Contractor' f Name and Corporate Seal Surety's Name and Co By: W i By: Signature Signatu ach pow of attorney) Ashley QUin). Print Name District Manager Title Attest: , ,4,�,S,& " Signature Wendy Scudder Assistant Corp Secretary Title Steven M. Garrett Print Name Attorney -in -Fact Title i Attest: Signature Deborah A. Y es Title Attorney -in -Fact Notes. (1) Provide supplemental evecution by any additional parties, smell as joint venture s. (2) 4py, siggylar reference: to Contractor, Surety, O►vner, or other part}, shall be considered plural ivltere applicable. EJCDC C-615, Payment Bond S. Annette Mullet Published December 2010 by the Engineers Joint Contract Documents Committee. Garrett -Stott of Indiana, L,DC PageloF3 755 West Carmel Drive Suite 216 Carmel, IN 46032 BOND NO.: 103836063 I. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. 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 seelcing payment for labor, 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. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment famished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 3.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have famished 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, famished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last famished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13), 5.2 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). 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or 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 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. 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 satisfy obligations 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 Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to CIaimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under 6. If a notice of non-payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in given by the Owner to the Contractor, that is sufficient to the state in which the project that is the subject of the satisfy a Claimant's obligation to famish a written notice of Construction Contract is located or after the expiration of non-payment under Paragraph 5.1.1. one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 BOND NO.: 105856065 (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) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this 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 or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 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. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of 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 labor, 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 shall be 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 rental 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 asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: 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 Owner Default: Failure 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: All the documents that comprise the agreement between the Owner and Contractor. 17, If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Pace 3 of 3 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220048 Certificate No. 005015881 KNOW ALL MEN BY TRESS PRESENTS: That St. Paul Fire and Marine Insurance Company, St, Pau; Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kandehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, and Linda Kapfliammer of the City of Louisville , State of Kentucky , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any:acfions or.proceedings allowed by law. Not limited to a specific dollar amount. 28th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their, corporate seals to be hereto affixed, this day of August Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty lnsurance"Goinpany Travelers Casualty and Surety Company Fidelity and Guaranty Insurahce'Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company G,,SU.�� MIRE 4 �`*M IksG ai 1,� HS�� JA iY ANp I�p_".r/F YY'Y� 1 9 B 2 0 19]% �" i i,nt t, o c HnRTFORD•� ��R .4- 7896 x �: •n- ��c -o= � OONN, n WNN. �, m .� '�•.582iI,;'3 ry` Ha t� tis c°dd `-. a 6.'... da s ar • a � >• T ummTL� fs.: A. �� rg..^f..�rA �i • *dy r � RtN� State of Connecticut City of Hartford ss. By: ___7G`o-r96 Thompson, enior ice President 28th August 2012 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 10.1ET In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. pp # Marie C. Tctreault,lVotary Public 58440.6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature. or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fideh,6r and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies-whichds ih�full force; and effect and has not been revoked. p IN TESTIMONY «HEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 — Kevin E. Hughes, Assistant Sec tary ? p�SerA(j. ,'45A� 6'4 a�*M. IkSG9 JPY tNSU,P 2JPL[Y 9r�09 Nw Y}"r� COfiPCRAifD N ar F,m w: eo ct�„ #�.r]'� SEFiL O •y. f CONN. an �� wf 896 Yy • AN �jr � SVFnNGEG b �.......• a`t4f q .... . .:`db y6 ! `�`i�,,n�.m„ �/ �p To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.traveltrsbond.com. Please refer to the Attomey-In-Fact number, the above -named individuals and the details of the bond to which the power is attached. 0 V W O N U m N C) m E s p o cis Q m U Q� C lo LL U v � � o � cc Z 4 T- o- tip N ti Z ui c co {fj U W CL ca L L o xLL p. U m d jjJJ,¢ CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 StaFe Fc(m 52414 (R 19- in) / Farm S6 (Revised 2010) Prescribed by State Board of Accounts PART 1 (To be completed for all bids. Please type or print) Date (month, day, year): November 7, 2012 1. Governmental Unit (Owner}: CITY OF RTC MND, INDTANA 2. County : WAYNE 3. Bidder (Firm): Layne Heavy Civil, Inc. Address: 4520 N. State Road 37 City/StatelZIPcode: Orleans, IN 47452 4. Telephone Number: (812) 865-3232 5; Agent of Bidder (if applicable): N/A Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of CITY OF RTCHMONDr INDIANA (Govemmental Unit) in accordance with plans and specifications prepared by Cortunonwealth En sneers Inc. _ and dated OC"IOM, 2012 for the sure of The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the setting. 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 thebid 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, shal# 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) 1, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products trade in the United States (1.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. ACCEPTANCE The above bid is accepted this day of subject to the following conditions: Contracting Authority Members: PART 11 (For pr-ojecis of $100, 000 or more — IC 36-1-12-4) Governmental Unit: CITY OF RICTMND, IlNDLANA Bidder (Firm) Layne Heavy Civil, Inc. Date (month, day, year): November 7, 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 22;976,000 Wastewater July 2010 City of Cincinnati, OH 12,011,000 Water June 2011 City of Jamestown, KY 7,436,000 Sewer Jan 2011 Twin Lakes Regional Sewer District, IN 1,157,000 1Water JJan 2011 113rown County Water Utility, IN 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 11,037,000 Sewer June 2012 Luce Township Regional Sewer Distrlct, IN 7,417,000 Wastewater June 2013 MSD of Greater Cincinnati, OH 6,714,000 Wastewater July 2012 City of Terre Haute, IN 4,271,000 Water I Sept 2012 Town of Bargersville, IN 3. Have you ever failed to complete any work awarded to you? No ff so, where and why? 4. List references from private firms for which you have performed work. Midwestern Engineer's - I_oogootee, IN Burgess & Niple - Indianapolis Commonwealth En ineers - Indianapolis, IN Hannum Wa lie & Cline - Terre Haute, IN HNTB Corporation - Indianapolis, IN Hawkins Environmental - Lafayette, IN SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1: Explain your plan or layout for performing. proposed. work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) Per plans & specs. 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside yourown 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. Detailed list available upon award. 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. Detailed list available ul?on award.. 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. Layne Heavy Civil, Inc. owns an extensive fleet of equipment and any needed should be 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. SECTION IV CONTRACTOR'S NON -- COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn an 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 an 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 BED FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at Nashville, TN this 7th day of November 2012 Layne Heavy Civil, Inc. {blame of Organization) By _/A"4 Ashley Quinn, District. Manager (Title of Person Signing) . ACKNOWLEDGEMENT STATE OF TN ) COUNTY OF Davidson } ss). Before me, a Notary Public, personally appeared the above -named Ashley Quinn swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 7th day of November 2012 J�j _�f My Commission Expires; 11/4/13: County of Residence: Davidson and BASE BID AND MANDATORY ALTERNATE BID Base Bid includes the construction cost for installing approximately 8,136 linear feet (=1,374 linear feet open cut and =6,762 linear feet, trenchless tunneling) of 48-inch inside diameter interceptor from Structure #208 to Structure #322 (i.e. Line A) including all work as shown in the Contract Drawings and described in the Specifications (including but not limited to connection sewers, lateral reconnections, • structures, structural modifications, . shafts, temporary earth retention systems, excavation, backfilling, erosion control, traffic control; surface restoration, construction engineering, monitoring plan, and bypassing). Mandatory Alternate Bid Item #1 includes the incremental cost assuming the approximately 8,136 linear feet of 48-inch inside diameter interceptor from Line A is increased to a 54=inch inside diameter interceptor (with same inverts as the 48-inch interceptor). 'The incremental cost for Mandatory. Alternate Bid Item #1 shall cover all costs to increase the diameter of the interceptor to 54 inches including but not limited to increasing structure sizes, interceptor size, tunneling size, and excavation'size to accommodate the larger 54-inch inside diameter pipe. All work, materials, and engineering related to altering the size of structures, connections, and corresponding appurtenances to accommodate the 54-inch interceptor from Line A -shall be included in the incremental cost for Mandatory Alternate Bid Item #1. The Contractor shall submit bids for the Base Bid and the Mandatory Alternate Bid Item as defined above. The Contractor's bid shall be considered non -responsive if the Mandatory Altemate Bid is not submitted. The Award of the Contract will be made to the low, responsive, responsible bidder of the Base Bid work only. All responsive, responsible bidders shall be considered. The Owner reserves the right to delete any Base Bid Items or Mandatory Alternate Bid Items necessary to bring the project within the projected budget should the bid of the low, responsive, responsible bidder be above the current budget. TIME OF COMPLETION AND LIQUIDATED DAMAGES If awarded a Contract, the Contractor agrees to begin work within ten (10) calendar days of the effective date in the Notice to Proceed and further agrees to proceed with all possible dispatch to substantially complete and provide all items into operation (service) within -670-consecutive calendar days from the date of the Notice to Proceed and fully complete all work ready for final inspection, acceptance and close-out within -60- additional days from: the date of the substantial completion. If awarded a Contract, and in the case the work is not completed either substanfially or fully within the above deadlines to the satisfaction of the Owner, the Contractor agrees to pay to the Owner as liquidated damages the sum of One Thousand Dollars ($1,000.00) per day for each and every successive day, Saturdays, Sundays and Holidays included, after the agreed upon time until the work is completed and accepted by the Owner. The liquidated damages apply to the failure to meet either the substantially complete and/or the fully complete deadlines stated above. P-7 ITEMS TO BE SUBMITTED WITH BID' The Bidder shall be aware that the following documents are required with his bid: 1. Bid Guaranty (Bid Bond) 2. Indiana State Form No. 96 (Revised, 2010) with Non -Collusion Affidavit 3. Financial Statement for Bidders — Completely signed and executed 4. Itemized Bid Schedule (if applicable) 5. E-Verify Affidavit 6. Trenchless Construction Qualifications Questionnaire ITEMS TO BE SUBMITTED WITHIN 2 DAYS The Bidder shall submit to the Engineer the following additional documents (located in Part 11 of these specifications) within two (2) days after the bid opening. Failure to submit these additional documents shall be reason to reject the bid as non -responsible. The additional documents include: 1. SRF Documents a. Forms OEE-1 and OEE-2 b. Documents demonstrating compliance with six (6) affirmative steps C. Good Faith Efforts Worksheet d. Bidders List Form (to be used by prime contractor for recording of sub -contractor bids) 2. Schedule of Values (if applicable) ACKNOWLEDGMENT OF ADDENDA RECEIVED The Bidder hereby acknowledges receipt of the following addenda: Addendum #1, dated 10/26/12, Addendum #2, Dated 10/29/12, ,Addendum ##3, dated 11/2/12 P-8 CITY OF RICHMOND EAST SIDE INTERCEPTOR REPLACEMENT PROJECT PHASE III TRENCHLESS CONSTRUCTION QUALIFICATIONS QUESTIONNAIRE Contractor or Sub -Contractor responsible for Trenchless Construction to complete this questionnaire in accordance with Information for Bidders and' submitted with the Bid Proposal Documents at the. time of bid. Contractor or Sub -Contractor Performing tunneling construction must meet the qualifications and experience requirements as described in Part S - Detailed Specifications, Section 05 - Tunnel Construction. 1. Trenchless Construction Contractor or Sub -Contractor's Name and Mailing Address: Self Perform Layne Heavy civil, Inc. 2971 Kraft Drive Nashville, TN 37204 2, Trenchless Construction Contractor or Sub -Contractor's Street Address (if different from Item 1, above): Telephone Number: 615-255-3161 Fax Number. 615-726-3607 email: mark. williams@layne.com 3. Percentage of work the Trenchless Construction Contractor or Sub -Contractor intends to perform with its own work force: zoo 0 4. Resumes of the Trenchless Construction Contractor or Sub -Contractor's Project Manager and the Trenchless Construction Contractor or Sub -Contractor's Superintendent. 5. Description of current projects that the Trenchless Construction Contractor or Sub - Contractor's Project Manager and Trenchless Construction Contractor or Sub - Contractor's Superintendent are currently working on and when those projects are scheduled to be completed. Provide Owner reference for each of these projects. 6. Description of relevant trenchless projects completed by the Trenchless Construction Contractor or Sub -Contractor: P-9 f i Project No. 1 Name: Transmission Line Tunnel, 6th Ave. South Location: Nashville, TN Description of Salient Project Features: 3, oes if of 8 1/2' Tunnel with 2 800' Radius Curves Description of Ground Conditions: 3, 000 PSI to 15, 000 PSI Limestone TBM Manufacturer and Description: Mark VIII Jarva Robbins Company Manufacture Description of initial Support and Final Lining. Bolts as needed Bolts & Shotcrete at Sheet Connection Contract Bid Price: $6, 000, 000 Contract Final Price: *$g-770, 095 Contract Duration at Bid: Sao days Contract Duration at Acceptance: 320 days *Reflects additional work added by Owner Name, Organization and Telephone Number of Owner's Project Manager: Name: Mr. Brandon Whitlock, PE Organization (AgErlcy,: Nashville Electric Service, Nashville, TN Telephone Number: 615-747-3251 Name of Project Manager who completed this project: Rick Ryon. Name of Superintendent who completed this project: Johnny (JB) Gibson P-10 i Nashville Electric Service, Transmission Line Tunnel, 6th Nashville, TN // Nashville, TN Ave. South As an early -completion work item necessary for the construction of the Music City Center, Nashville Electric Service was required to relocate an existing substation facility and overhead high voltage transmission lines. NE5 determined to relocate the overhead high. voltage lines into a tunnel The original design ! build contract included 2,400 lineal feet. of 8.5 feet diameter tunnel with 2 permanent access shafts. Due to property acquisition issues the tunnel length was increased to 3,088 lineal feet during the design phase. Design responsibilities for this project included a complete geotechnical investigation; survey of existing conditions, utility location verification, and design of necessary relocations; development of tunnel plan and profile; temporary construction access shaft support; permanent tunnel access structures; permanent tunnel dewatering, ventilation, illumination, and low voltage electrical supply systems. Due to limited site availability the substation temporary access shaft was excavated2l feet by 21 feet to a depth of 62 vertical feet. Excavation of the shaft included approximately 12 vertical feet of overburden supported by ring beams and liner plate. The remaining 50 vertical feet of shaft was drilled, blasted, and excavated in rock. A 16 feet x. 16 feet permanent cast -in -place concrete access structure was constructed within the temporary shaft. The TBM mining shaft was excavated 32 feet in diameter to a depth of 143 vertical feet. Excavation of the shaft included approximately 24 vertical feet of overburden supported by ring beams and liner plate. The remaining 119 vertical feet of shaft was drilled, blasted, and excavated in rock. A 16 feet x 16 feet permanent cast -in -place concrete access structure was constructed within the temporary shaft. . The hard rock tunnel was mined with our Jarva Mark VIII Tunnel Boring Machine. Approximately 30% of the tunnel length was mined through curves. All tunnel, temp shaft, and permanent access structure construction was self -performed by Layne. Project No. 2 Narne; Nickajack/South Cobb Tunnel Location: Atlanta, GA Description of Salient Project Features: 16o' Deep, 1,500 Radius Curve Description of Ground Conditions. Granite, Blocky Ground, 150 GPM water TBM Manufacturer and Description: mark vrrs. Jarva Robbins Company Description of Initial Support and Final Lining: 4' sweller Rock Bolts on 41 Centers 78" HOBAS pipe Contract Bid Price: $8, 001, 425 Contract Final Price: $7, 597, 015 Contract Duration at Bid: 240 days Contract Duration at Acceptance: 240 days Name, Organization and Telephone Number of Owner's Project Manager: Name: Mr. Dan Martz Organization (Agency): Shea -Traylor, ,Joint Venture (Prime Contractor) Telephone Number: 770-941-9021 Name of Project Manager who completed this project: William Harworth Name of Superintendent who completed this project: Rick Ryon, Tunnel Superintendent P-11