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HomeMy Public PortalAbout111-2014 - Stormwater - Culy Contracting - NW 5th & West Main Storm SewerORIGINAL AGREEMENT THIS AGREEMENT made and entered into this day of 2014 and referred to as Contract No. 111-2014 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Stormwater Management Board (hereinafter referred to as the "City") and Culy Contracting, Inc., 5 Industrial Park Drive, P.O. Box 29, Winchester, Indiana 47394 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to construct City's NW 5's Street and West Main Street Storm Sewer Project. A Request for Bids containing Certain Specifications sent out August 1, 2014 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 Bids is attached hereto as Exhibit "A", which Exhibit is dated August 26, 2014, consisting of ten (10) 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 II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION I11. COMPENSATION City shall pay Contractor a total sum of Two Hundred Fourteen Thousand Two Hundred Thirty - Eight Dollars and Zero Cents ($214,238.00) for complete and satisfactory performance of the work required hereunder. Contract No.111-2014 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 the Bid Specifications, 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, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 Page 2 of 6 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $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 VL COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 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) day period set forth above. SECTION IX. WITHHOLDING RETAINAGE AND CLAIMS FOR PAYMENTS Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the event Contractor fails to timely pay any subcontractor, laborer, or material supplier for the performance of services or delivery of materials under this Agreement that the Board of Sanitary Commissioners for the City shall withhold payments in an amount sufficient to pay the subcontractors, laborers, material suppliers, or those providing services. Contractor further understands, acknowledges, and agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12. SECTION 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 Q rn CV X O m I'M ca w CO C s 9 0d 0 LL U) U W 3 0 ^w CL Y 0 cia J D 0- R G O -A 41 H cd a CD cn H N 3 N cn N H 4-1 .d O rq 4 z U x ca 44 O 41 u, L :3: U Z EXHIBIT -i - PAGE -1-OF-La-I It O N cd bo c Y m c -p O N U U- Q State Form 52414 Prescribed by the State Board of Accounts Form No. 96 (Revised 2005) CONTRACTORS BID FOR PUBLIC WORKS — FORM 96 PART (To be completed for all bids. Please type or print) Date: August 26, 2014 1. Governmental Unit (Owner): City of Richmond 2. County: Wayne 3. Bidder (Firm): Cult/ Contracting, Inc. Address: 5 Industrial Park Drive City/State: Winchester IN 47394 4. Telephone Number. 765-"4-8509 5. Agent of Bidder (If applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of City of Richmond( Governmental Unit) in accordance with the plans and specifications prepared by City of Richmond entitled NW 5"' and Main Street Sewer Separation and dated June 19, 2014 for the sum of Two hundred fourteen thousand two hundred thirty eight and NO/100 dollar $ 214,238.00 . The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 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. EXHIBIT PAGE _1_0F I ACCEPTANCE The above bid is accepted this day of , subject to the following conditions: Contracting Authority Members: PART II (For projects of $100,000 or more — IC 36-1-12-4) Government Unit City of Richmond Bidder (Firm) Culy Contracting, Inc. Date: August 26, 2014 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 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 & Address of Owner 262,892.00 Water Summer 2013 IAWC — Muncie, Indiana 203,315,00 Water/Site Work Summer 2013 IAWC —Wabash, Indiana 125 000.00 Site Work/Utilities Summer 2013 RL Turner — Dennis Middle School 415,219.00 Stormwater Improvements Fall 2013 Town of Whiteland, Indiana 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name & Address of Dwner 505,645.00 Site Work/Utilities Summer 2014 Randolph Central Schools -Winchester 232,000.00 Site Work/Utilities Summer 2014 Earlham College — Richmond, IN 370,000.00 Road/Concrete/Storm Fall 2014 Winchester -Greenville Ave Widenin 315,000.00 Water Main Fall 2014 IAWC-SR32 Watermain Relocation EXHIBITS PAGE 3 OF Ib> 3. Have you ever failed to complete any work awarded to you? No If so, where and why? 4. List references from private firms for which you have performed work. CKC Inc. General Contractors Cardinal Ethanol LLC. Indiana American Water Company E & B Paving Muskopf Farms Browning Investments Romary Associates SECTION 11 PLAN AND LQUIPMENT QUESTIONNAIRE 1. Explain your plan to layoutfor 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 you bid.) As per plans and specifications as set forth by the engineer. 2. Please list the names and addresses of all subcontractors (i.e_ persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. See Attached List 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. See Attached List Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. Yes SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. EXHIBIT --L PAGE __q_OF10 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 Stormwater Management Board "CONTRACTOR" CULY CONTRACTING, INC. BY: By: Step anie Hays-Musso , President Printe .( Doreen M. Cul lZa- Title: President Gilbert Klose, Vice President Date: 9/16/14 Sue Miller, Member Date: APPROVED: Sarah L. Hutton, Mayor Date: - ob Page 6 of 6 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION XI. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XH. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Page 5 of 6 SECTION IV CONTRACTOR'S NON - COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTABNED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at 10:00 a.m. this 26thh day of August, 2014 Cul Contractin Inc. (hlam of Organiz i ,n) By President title of Person Signing) ACKNOWLEDGEMENT STATE OF Indiana ) )ss COUNTY OF Randolph ) Before me, a Notary Public, personally appeared the above -named Bruce Culy and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 26th day of August. 20 4. Notary Public My commission expires: 04/15/2022 County of Residence: Randolph EXHIBIT � PgGE �OF la NW 5th STREET and WEST MAIN STREET STORM SEWER PROJECT ' BID SHEET v 6/19/2014 Item No. Description Qty Units Unit Price Qty Price 1 Mobilization/Demobilization 1 LS S 1,300.00 $ 1,300.00 2 Traffic Control I LS S 4,845.00 $ 4,845.00 3 12" RCP Storm Sewer w/ Granular Backfill 615 LF $ 65.00 $ 39,975.00 4 15" RCP Storm Sewer w/ Granular Backfill 23 LF $ 128.00 $ 2,944.00 5 18" RCP Storm Sewer w/ Granular Backfill 112 LF S 115.00 S 12,880.00 6 21" RCP Storm Sewer w/ Granular Backfill 178 LF $ 98.00 $ 17,444.00 7 24" RCP Storm Sewer w/ Granular Backfill 46 LF $ 156.00 S 7,176.00 8 18" RCP Storm Sewer w/ Spoil Backfiil 20 LF $ 86.00 $ 1,720.00 9 21" RCP Storm Sewer w/ Spoil Backfill 23 LF $ 81.00 $ 1,863.00 10 Lawn Restoration 1 LS $ 3,833.00 S 3,833.00 11 48" Diameter Manhole w/ Neenah R-1772 Casting 4 EA S 2,363.00 S 9,452.00 12 60" Diameter Manhole w/ Neenah R-1772 Casting l EA $ 3,515.00 S 3,515.00 13 72" Diameter Manhole w/ Nccnah R-3287-10v Casting 1 EA $ 4,506.00 $ 4,506.00 14 Inlet Structure w/ Neenah R-3405 Casting 4 EA $ 1,983.00 S 7,932.00 15 Inlet Structure w/ Neenah R-3287-10v Casting 4 EA $ 2,330.00 $ 9,320.00 16 Inlet Structure w/ Neenah R-3287-15 Casting 3 EA S 2,774.00 $ 8,322.00 17 Inlet Structure w/ Neenah R-3287-5 Casting 1 EA $ 2,718.00 $ 2,718.00 18 Inlet Structure w/ Neenah R-3287-SB10 Casting 2 EA $ 2,503.00 $ 5,006.00 19 4 inch Concrete Sidewalk 21 SY S 85.00 $ 1,785.00 , 20 6 inch Monolithic Concrete Curb and Sidewalk 78 SY $ 90.00 S 7,020.00 21 8 inch Concrete Driveway Approach 24 SY S 101.00 $ 2,424.00 22 Concrete Straight Face Curb 139 LF S 38.00 $ 5,282.00 23 Street and Driveway Repair 982 SY S 43.00 $ 42,226.00 24 Rock Excavation (undistributed) 35 CY S 110.00 $ 3,850.00 25 Remove and Abandon Inlet Structure; Plug & Fill Pipe 3 EA S 1,265.00 $ 3,795.00 CULY CONTRACTING, INC. Rage 1/2 Contractor EXHIBIT A PAGE OFF NW Sth STREET and WEST MAIN STREET STORM SEWER PROJECT BID SHEET 6/19/2014 26 Plug and Fill Pipe 2 LS S 1,035.00 S 2,070.00 27 Pipe Plug 1 EA s 1,035.00 $ 1,035.00 Total Price: $ 214,238.00 Total Price (In words): Two hundred fourteen thousand two hundred and thirty eight I have received addendum number(s) 1 ,and the prices in this bid reflect these changes/clarifications. CULY CONTRACTING, INC. Contractor Authorized Page 2/2 EXHIBIT - PAGE -7 OF 10 8-26-2014 a Liberty Mutual. SURETY Bid Bond CONTRACTOR: (Name, legal status and address) Culy Contracting, Inc. 5 Industrial Park Drive Winchester IN 47394 Document A31 OTM - 2010 Conforms with The American Institute of Architects AIA Document 310 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 Mailing Address for Notices OWNER: The Ohio Casualty Insurance Company (Name, legal status and address) Attention: Surety Claims Department City of Richmond 1001 4th Avenue, Suite 1700 50 N. 5th St. Seattle, WA 98154 Richmond IN 47374 BOND AMOUNT: 5% of maximum bid PROJECT: (Name, location or address, and Project number, ifany) Storm Sewer This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heir6 ex=dws, administrator:, tugs and assigos, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contrad with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force. and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, 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. Signed and sealed this 26th day of August c="-,21 The Ohio Casualty Insurance Company (Surely) d3-1 �Lm (Title) Jennl er H nd; Attorney -in -Fact EXHIBIT -T -PAGER OF Ia Principal: Culy Contracting, Inc. Obligee: POWER OF ATTORNEY Agency Name: SOMEDAY IS TODAY, LLC THE OHIO CASUALTY INSURANCE COMPANY Agent Code:133925 Road Number: Know AR Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, a New Hampshire Corporation, pursuant to the authority granted by Article IV, Section 12 of the Code of Regulations and By -Laws of The Ohio Casualty insurance Company, do hereby nominate, constitute and appoint: Jennifer Hammond, Anson Thompson, Dakota D. Crabtree, Wayne L. Thompson of Parker City, Indiana its true and lawful agent(s) and attomey(ies)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of said Company at their administrative offices in Keene, NH, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(ies)-m-fad in WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty insurance Company has herenmto subscribed his name and affixed the Corporate Seal of said Company this 18th day of November, 2013. '%,t`t INS4 �GoryO�R�yP _ 919 w s o 1, W, s David M. Carey, Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 18th day of November, 2013 before the subscriber, a Notary Public of the State of Pennsylvania, in and for the County of Montgomery, duly commissioned and qualified, came David M. Carey, Assistant Secretary of The Ohio Casualty insurance Company, to me personally known to be the individual and officer described in, and who executed the Preceding instrument, and be acknowledged the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Company aforesaid and that the seal affixed to the preceding instrument is the Corporate Sea] of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said mstrurrient by the authority and direction of the said Corporation - IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Plymouth Meeting, State of Pennsylvania, the day and year fast above written. 9N PAST Fly COMMONWEALTH OF PENNSTLVANIA %� OF Terea t� Nobly Pi6ic Plyrnw/� Twp.. ' cooky ?�4 MY Canvnkaion Fames mwrrJr aB,TDt 7 vP Notary Public in and for Comity of Montgomery, State of Pennsylvania qRv try tea"' P"Y0° a �'�" My Commission expires March 28, 2017 This power of attorney is granted under and by authority of Article IV, Section 12 of the By -Laws of The Ohio Casualty Insurance Company, extracts from which read: ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or President may prescnbe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bond, recognirances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of The Ohio Casualty Insurance Company effective on the 15th day of February, 2011: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wberever appearing upon a certified copy of any power of attomey issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Company and the above resolution of their Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, 1 have hereunto set my hand and the seal of the Company this26th day of August 12014 Gregory W. Davenport, Assistant Secretary EXHIBIT PAGE _d_OF !a Affidavit of Employment Eligibility Verification . The Contractor, Culy Contracting, Inc. , affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. -If Contractor is self-employed and does -not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the. Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code-22-5-I.7, Contractor has enrolled in and verified the workfeligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's -subcontractors to certify to -the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating -in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Datedthis 26 day of August , 2014. Doreen M Culy (printed name) EXHIBIT PAGE _ p F 1p�`