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HomeMy Public PortalAbout080-2013 - Sanitary - Butler Excavating - Rehab S 16th St. LiftAGREEMENT THIS AGREEMENT made and entered into this 0 day of 2013 and referred to as Contract No. 80-2013 by and between the City of Richmo d, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners ereinafter referred to as the "City") and Butler Excavating, Inc., 6655 State Road 227 North, Ric ond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORD City hereby retains Contractor to construct the rehabilitation of City's South 16" Street Iift station. A Request for Quotes containing Certain Specifications sent out March 25, 2013, along with Addendum # 1 thereto dated April 18, 2013, has been made available for inspection by Contractor, is on file in the offices of the Department of Sanitation for the City of Richmond, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Quotes is attached hereto as Exhibit "A", which Exhibit is dated April 23, 2013, consisting of thirteen (13) pages, and is also hereby incorporated by reference and made a part of this Agreement. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION 11. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor a total sum of One Hundred Ten Thousand One Hundred Ninety-Fi Dollars and Zero Cents ($110,195.00) for complete and satisfactory performance of the work required hereunder: Contract No. 80-2013 Page 1 of 6 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the project, subject to the provisions concerning Time of Completion and Liquidated Damages contained in Exhibit "A" incorporated herein by reference. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor Iiable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements Page 2 of 6 B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor faiIs to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain Iiable to the City for actual damages. Page 3 of 6 SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22- 16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) clay period set forth above. SECTION IX. WITHHOLDING, RETAINAGEti AND CLAIMS FOR PAYMENTS Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the event Contractor fails to timely pay any subcontractor, laborer, or material supplier for the performance of services or delivery of materials under this Agreement that the Board of Sanitary Commissioners for the City shall withhold payments in an amount sufficient to pay the subcontractors, Iaborers, material suppliers, or those providing services. Contractor further understands, acknowledges, and agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12. SECTION X. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or -any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on' account of race, religion, color, sex, national origin or ancestry; Page 4 of 6 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. VioIation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. ZM43-MCA MUMNA F- Mw.r2Ix•111M This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not Iimited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any parry by virtue of the authorship of any Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: Sue Miller, President Gilbert Klose, Vice President en Member Date: 5- v APPROVE )VZZ44- Sarah L. Hutton, Mayor Date: 10 bz - - "CONTRACTOR" BUTLER EXCAVATING, INC. Title: E cz��- Date : '5-- 2.?, (J Page 6 of 6 $ID FORMI FOR CONSTRUCTION CONTRACTS ARTICLE 1- BID RECIPIENT . 1.01This Bid'issnbmitte,d to: Board df Sanitary Conunissioners Richmond Sanitary District 2380 Liberty Avenue Richmond, IN 47374 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agi-eement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents -for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90,days after the Bid opening, or for such longer period of tune that Bidder may agree to in writing upon request of Owner. ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged: Addendum No. Addendum Date ? 4/18/13 B. Bidder 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. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.. - D. Bidder has carefully studied all: no additional reports available. E. Bidder has considered the information known to Bidder;. information commonly known to contractors doing business in the locality of the Site; information and. observations obtained from visits to the Site; the Bidding Documents; and drawings identified in the Bidding Documents, wiflr. 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 FJCDC C410 suggested Bid Form for Construction Contracts Copyright ® 20D7 National Society of Professional Engineers for-KCDC All rights reserved. Page 1 of 7 4119. BID FORM- 00410-1 EXHIBIT} PAGE f OF 1 construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and (3) Bidder's safety precautions and programs. F . Based on the inforinattion and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions •of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and'others at the Site that relates to the Work as indicated in the Bidding Documents. K Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. ARTICLE 4 — BIDDER'S CERTMCATTON 4.01 Bidder certifies that: A. - This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.1): 1. "cort'opt 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; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non- competid ve 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. R jCDC C-410 Suggested Bid Form for.Constr¢eGun Contmcts ! Copyright 07,007 National Society of Professional Engineers for E,ICDC_ All rights reserved. _ Page 2 of 7 = __ 4119 BIDFORM 00410-2 EXH181T= PAGE �2 pF- 3 ARTICLES -BASIS OF BID 5.Q1' Bidder will complete the W-brk in accordance with the CPrtract.Doctimerits:fbr the fo.110'wgin.g- hirnp sum price:. Haft: I. Vhlw btbrwise noted or prescribed :by state law, Bids shall include sales tax, where required, aad all; other Applicable taxes and ffts, 2. All specific ca4i aqp,,,vances ale- ireli3dedip. the price(s) set forth-alid-have been computed iP accOtdaace with Paraggraph 11.0.2 of the FJCDC General Conditions. CONTRACT PRICE - LUMP sum (ta befiffed inby Bidder) Oft6HUOdted Ten Thousand one Hundred Ninety -Five 'Dollars ((Tse Words) (Tjsc.FigL' ARTICLE:6" TjMEOFCOW1,MON 6;0 1 Bidder agrees. ffiat the, Work Vvil I be suhstahtialfy cpM I te: wthj:nr.L 50z W calendar-rthddaje rhea the ,Contract Times cprnmerice to run, as provided o Paragraph 2,03 of�the FJCDC General Conditions, and wiU lip, completed and :ready for `final. gay-ment: in accordance With P=g.raph. I .of the E.JCDC G.606riil Conditions within 30 calendarda fotjowi wrnpr[emon, YS Uz Bidkr accepts the provisions of the Suppleriienial General C9ndi4pqAto riquitaddqz6ges ARTICLE 7 AW-A:CHWi NTS TO-fM,BV 7..01 _Mfoilowing, docu=,nts aresubrnitted with and -made a con.d.itlop.- of this Bid., 4, Required Bid security in. the form -OrBid BOW, 13. L ist, of Propo.5ed tcontractors C. L ist of Proposed Suppjiers, D. List of PrpjtdtP,,Of6W'.ca,;, E. Evideace of authority to do business in the slate of the Protect; or a wx1irmii t., POYOU'lVIM Obtain such, Ucense within R flfqppllca�lQj Cone*toms Lice0exp., [or] EyIdence of Biddi5r's ability :to obt .4 Stabe-Contractor's U cunse-. and a covenant by Bidder to obt.Efft said liftte, withip. the time t.�'r acceptance of Bids; r C on-C`untats 7 Q":" 'jEXH1B1T_..9__ PAGE _.3 _001] Questichuaire, and ' H. E-Verify-Program . ARTICLE 8—DEFIIVWA ;CEO The -terms used in ihi.O id with initial capital letters have the.raeaning,s stated in tli6Instructions to:Bidders, the ED= General Conditions; anif the Supplemental Gaenerai Conditions. ARTICLE 9 — B1D'SLIJ3 ET`I'AL 9.01 This Bid is submitftd by: If Bidder is- - An idividual 'Name (typed or printed): T).oirg business as: A_Pamership Partnership Name: By- (Signarbre afgenerat partner — attach evidence 9-authority to sip) Name (typed 4r printed), A Corporatian rp -EXCAVATING,.. ,II�iQ.. o'. ar t i2ri Name: _$UTLE ATIG .r., i-sEAL). State; of bi o1€poration_- INDIANA 'i�pe (General' usinesSi Pt6fessional, Seryibe, Limited Lhabifity):__ Py, ,ignalure -= attach eYidence of authority to sign) -Name(typed orprin eo- 4bsoph .L.i Butler Ti e: Plr_asident (C RPOItA1'E.SEAL) ' P3CACGdT©54.ggesCedi3i�ronmfod�:aflsf�iictfari.Coatxacts Cadyrig6iQ2067NatWO21-S4y-oPPmfEu&eersfnr)UCD-.;Aari�hts'.rzseipA 4' 119 BIDFORM 10-A: EXHIBIT A ,. PAGE q OF t 3 ^ Attest Date of Qualification to do business in Indiana is 5 / 18 /93 A Jd-denture Name of Joint Venture: First Joint Venturer Name: . I By: (SEAL) k6ignature or rirst joint venture partner — attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venturer Name: (SEAL) By: (Signature of second joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Bidder's Business Address 6655 State Road 227 North Richmond IN 47374 Phone No. 765-847-2126 Fax No. 75-847-5494 E-mail _wedicrit@aol.com SUB1Nff= on _April 23 ;_ , 2b-1a, J State Contractor License No. [If applicable] RicoC'-e=41etaMested Bit] -17aa'nrfar Cnns[risctiori CaritiaeTs Copyright 0 2007 Mational Satiety of Protessiooaf Bogineers for EJCDC. All rights reserved. Pa c5of7 4119 BID FORM = 00410-5 E?( __L PAGE `5 OF 1 11. Give a summary of your financial statement. (List assets and liabilities; use an insert sheet, if Respeetfully submitted, §gjlh&We President 4119 = QUESTIONNAIRE - - EXHIBITS PAGE � pF� - 00450-J QUESTIONNAIRE. The undersigned guarantees the accuracy of all statements and answers herein contained. (Please type or print in ink). 1. How many years has your firm been in business as a General Contractor? 20 2. List three (3) projects of this nature that you have completed and give the name, address, and telephone number of a reference from each. Also give the completed cost of each project listed. 3. List projects presently under construction by your firm, dollar volume of the contract, and the percent of completion. Demolition of residential propertyllocated at 315 Randolph St - Richmond, 10 000 - 99% complete 4. Have you ever failed to complete work awarded to you? If so, state where and why. NO 5. Have you or your authorized representative personally inspected the location- of the proposed work and do you have a clear understanding of the requirements of the Plans, Specifications, and other Contract Documents? YES 41I9 _ _ QITESTIONNAIRE - . - 00450-1 EXHIBIT H PAGE ZOF 6, Do you plan to sublet any part of this work? If so, give details (see Section 00431). Yes — Electrical 7. What equipment do you own that is available for this work? Excavator-- Backhoe — Trenchboxes $. What equipment do you plan. to rent or purchase for this work? None 9. Have you aver performed similar work under the direction of a Consulting Engineer or Registered Architect? If so, list three (3) such firms giving the name of the firm, its address, telephone number and the name of the project. (List most recent project.) Richmond Sanitary District 10. Give the name, address, and telephone number of an individual who represents each of the following who the Owner may contact to investigate your financial responsibility: A surety, a bank and a major material supplier. RMD Insurance — John Dils — 36 S. 9th._St $ mond(7F;5)966-7531 First Bank — Bill Glu 973-4292 Utility Supply — Ed Nugent — 6310- S, Harding_-in.dianapolis (317)783-41 96_ 4119 QUESTIONNAIRE EXHIBIT A PAGE -OF-IL 00450-2 PROPOSED SUBCONTRACTORS Each BIDDER shall enter, in the spaces provided, the names of subcontractors he/she proposes to employ, the classification or type 'of worse that they will perform, and the total value of work- .Upon award of contract, the named subcontractors shall be employed to perform the Work, unless changes are specifically authorized by the Engineer or Owner: Failure to furnish all information requested in this Section may be cause for rejection of the Bid. LIST OF SUBCONTRACTORS SUBCONTRACTOR'S NA viE ADDRESS WORK DE5CRiPTION TOTAL VALUE Hill Electric 4108 National Rd West Electrical $20,786.00 4119 PROPOSED SUBCONTRACTORS 00431-1 Affidavit of Employment Eligibility Verification The Contractor, ButleK Excavating,Ifadaffirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or - contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-13, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has errollcd and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated. this __2_2day of Apri 1. 20-1.3 (si ature) Joseph L. Butler (printed name) 4119 ENBRIFY PROGRAM 00477-2 EXHIBIT '�� � PAGE Io OF !3 ACORDDATE ,u CERTIFICATE OF LIABILITY INSURANCE (MMIDDIYYYY) 04/05/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. it SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER RMO/Patti Insurance & Financial Services 36 South 9th Street P. 0. Box 1167 Richmond, IN 47375 CONTACT NAME PArHcNE 765.966.7531 N765.935.2476 EMAIL ES ADDRS: INSURER(S)AFFORDING COVERAGE NAICS wSURERA: Cincinnati Insurance Company' 10677 INSURED Butler Excavating Inc 6655 State Road 227 N Richmond, IN 47374-9310 INSURERS: Cincinnati Casualty Co. 28665 INSURERC: INSURERD: INSURERE• . INSURER F: COVERAGES CERTIFICATE NUMBER: 13114 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN DEDUCED BY PAID CLAIMS. INSR LTR TYPEOF]NSURANCE INSR WVD POLICYNUMBER POLICY EFF MID M1CYE%P LIMITS A GENERAL LIABILITY XCOMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EPP 006 97 06 0311012013 03110/2014 EACH 6CCURRENCE $ 1,000.000 PREMISES accw,ence $ 100,0001 MED EXP (Any one peisan) S 5,0001 PERSONAL B ADV INJURY $ 1,000,00 o ' GENERALAGGREGATE $ 2,000.000 GEN'L AGGREGATE LIMITAPPLIES PER: POLICY ,[ECT LOC PRODUCTS-COMPIOP AGG $ .2 r 00O 000 $ A AUFOMOBILELIABILITY ANY AUFO AC0.�LED ALLOWNED Ix HIRETJAUTOS NON-0WNED AUTOS EPP 006 97 0 03/1012013 03110/2014 a;� $ 1,400,0 00 BODILY INJURY (Per person) $ GODILYINJURY (PW2ccident) $ eract4deLD $ $ A X UMBRELLAUAS EXCESS O UR CLAIMS -MADE EPP 006 97 0 03M012013 03/1012014 EACH OCCURRENCE $ 1,000,000 AGGREGATE 5 1,000,000 DED I X I RETENTION $ 30,000 $ B WORKERS COMPENSATION AND EMPLOYERS LIABWTY YIN ANYYCPREROPMETFR ARTNDXCLUED?EC�� (MyyaeenssdatorylnNH) der DESCRIPTION OFOPERAMONSbeiow NIA LAIC 2122240-0 0311012013 63110 22014 X WC LIME ER EL. EACH ACCIDENT $ 100,00OFFI E.L. DISEASE -EAEMPLO $ 100,000 EL_DISEASE - POLICY LIMTT $ 5001000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101I. Additional Remarks Schedule, IFmnre space is n:galred) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCEII..® BEFORE THE EXPIRATION DATETHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE For proof of insurance John Ails/CMB ACORD 2t (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered :narks of ACORD EXH�BlT� PAGE �0F 13 Tar CINCINNATI INSURANCE COMPANY CN0NNATI, OR 10 Bid: Bond KNOW ALL MEN BY THESE PRESENTS, thatveBWarExcavatingtho, as f�ilripipat, he . r . P . insfterc0ed the Princgp�al, and THE CINCINNATI. INSURANCE COMPANY, a.corporabon duly organized und erthe laws . of. the'5tate of Ohio. as Surety., hereinaftet,called. the Surety, am held and firMIyopundunto CITY OF RICHMOND, RICHMOND SANITARY DISTRICT as iObli - gee, hereinafterzalled the Obligee, in the sum of 5% of Wd Ciolfars ($6% of bid for the payment of Whfchtutn Well a6d&Uly to tie made, th0sald. principal g . iland the said. Surety; bind ourselves, our heirs, executors.administrators, successors and assigns, jointly and. severally, firmly by these presents.. WIER'EAS.,. the Prjncipal• has submitted a b1cf for 'SoQttl L16Lt.. -00t Lift Station Im Street . pmements Project_ NC 111if," THEREFORE, if the obligee shalt accept the bid of Na Frtncipal.ar.i0 the Prin ipz!l shi�ll ehterjntio a Contract Vltli the in accordance With the 'terms of such bid, and give such bond or. bonds. as ma ' y be spedfied in .the bidding orlContract d L nt OU.fdty f b I perforrnZnce 6 boomots W6 g600 and " sgffi(#6 e� faithful f;wch Contract;and for the prompt payment. of labor and PAefilailk0stf inth,�orbseOObOri.thoMqf;pr'lil, . ft t\ieht of the Fa1l4tepftft6 PrJA�ipp€. to enter such tontradt. and give, such. bond .or Wnds, if the L Principal shall pay to the Oblig.ee the differenO n6ttb exceed: the: penalty :hereof JWW*Wthe an6prt. sppplood irk Wm bid and such larger amount for which the Qbigae may in good fa-ti . contractm another pa ly Io perfomJ'work covered bYsail bid, theh-thi's of ligatiort shall be. null and v6d, otherwise to remain in full force" and effect. Signed and scaled tills 23 day Of Aoriff',2013 Butf0r- ExtaVating, Inc, vv (Witness) Piibtpd Jh emperollon Vvitt, the A-mpripaffi In4tiflAd bf fthitec($ (AIA)k W The loelrif ati fr4swranee EoMpaf y whp vqqdhO§ that thO hangua,ge4h this dorument conforms. exactly to the:W�guage used in NA Doculment.A31 0, February 197G, E=0-. ',P20 0 0 -Alk(4199) TLM LIC EXHIBIT __a_ PAGE -JLOF13 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws ofthe State of Ohio, and having its principal office in the City ofFairfeld, Ohio, does hereby constitute and appoint William R Nlersbach, Jr., William Clay Taylor, Russell L Turner, Mary L Griffin, Julie E Garrett, John W Dils, Jerry J Dils, Gregory A Easley, Diana Bourne, Anna M Lohrnoeiler, of Richmond, IN its true and lawful Attomey(s)-in Fact to sign, execute, sea] and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other Iike instruments, as follows: Any such obligations in the United States, Five Million Dollars and 001100 ($5,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the sea] of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 1st day of April, 2007. %sla. THE CINCINNATI INSURANCE COMPANY who c3 WRPOAAiE SEAL 4; aHlo STATE OF OMO � �• i�. COUNTY OF BUTLER ) Vice President On this 1st day of April, 2007, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. ststlltI1 tie `!eirr ',i r S O 1 Y rr+i��'�•,���.r+����+4 ARK ,l. H7 PI'L V'I- R, Attorney at Law a`#y QTARY PU STAFE OF ORIO Idly comrn[sss no explrat[an date. Section 147.03 P.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of WRPORAiE : Secretary SEAL ; _ v`...r 13N-1005 (3/02) EXHIBIT -,PAGE. I