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HomeMy WebLinkAboutOpening of Bids - Small Drainage Design and Repair Project No 118-063 - HRP Construction IncCITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name Small Drainage Design and Repair Project No. 118-063 For Bids Due December 11, 2018 before 9:30 AM Local Time PART I (Must be completed for all bids. Please type or print) Date: 12111118 Bidder (Firm): HRP CONSTRUCTION INC. Address: 5777 Cleveland Road, P.O. Box 266 City/State/Zip: South Bend, IN 46624 Telephone Number: ( 574 ) 271-7800 Agent of Bidder (if Applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessar . y to complete the public works project of: . .......... Small Drainaqe DesiQn and Repair the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Danch, Harner, & Assoc., Inc. and dated 11/20/18 — for the sum of (enter the Total Bid as shown on the Proposal) See Attached (Numerical) 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 City of Sou Bend. If e is �9011e-awarcled on a unit basis, the itemization of the units shall be sho n a sep a Byalmn Matthpw D. Cain, President (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this day of 20 Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member —james A. Mueller, Member Suzanna M. Fritzberg, Member Therese J. Dorau, Member Attest: Linda M. Martin, Clerk Version 7/20/2018 Contractor's Bid for Public Works - 2 BID/PROPOSAL CITY OF SOUTH BEND Project Name: Small Drainage Design and Repair Project Number: 118-063 For Bids Due: December 11, 2018 before 9:30 AM Local Time Contractor Name: HRP CONSTRUCTION INC. DIVISION A, HAWBAKER m ftl� N.9. �-nnn . ...... . ..... ­­­." . ..... _­ . . . . . . Description Quantity Unit Unit Price - - - - - - - Total Amount 1 Construction Engineering LS 2 Maintenance of Traffi c LS 3 Mobilization and Demobilization I LS ve'7-0. C)o 010,,96)n Z)0_ 4 Clearing and Grubbing 1 LS SR, 17601 -7,TD. 00 5 Excavation, Common 590 CYS Ll!s C) 0 CAP, 5sa 1),D 6 Fence, Chain -Link, Reset 223 LFT 's o 14 7 Std, Inlet, Beehive Grate I EA 8 Std. Manhole, Shallow, Beehive Grate I EA sag - e)o 9 Pipe, 12", RCP 117 LFT 0 CD q, oq!5� 00 10 Pipe, 15", RCP 7030 LFT zf�s 0 e) 1, 3 50. oo 1 Pirx.,,�,, 12", [)uct0e, �ron 40 I'J"l, vo 12 Pipe End Section, 12" Dia� 8 EA o , vo qD0. oc 13 Core Connection, forr&truot w.e, EA 15" Dia, Pip co I'S00,00 14 Remove/Replace Concrete . . ...... 199 SYS 9A. 00 Ito, B 100. oo 15 Maflhox Assernb�y, Rraset 1 EA 16 Sodding 1576 SYS 0 88,9 D o 17 Erosion Control LS C)00. C)LD voig. CC) 18 Utility Allowance . 1 ..... --n . LS ........... . . . Ll . ......... $21,000.00 $21,000.00 HAWBAKER DIVISION A TOTAL I ALTERNATE #A1 (STREET PAVEMENT REMOVAL/REPLACEMENT) Item No. Description Quantity Unit Unit Price Total Amount 19 Pavement Removal LS TT 20 HMA Surface, 1 '1/2" 175 21 HMA, Intermediate, 2 Y2" 292 T 22 HMA, Base, 4" 466 T -R n 23 6" Com acted,��q,, #53, Base 353 CYS 24, RCP LFT ;3 Version 7/20/2018 Contractor's Bid for Public Works - 7 Project Name Project Number BID/PROPOSAL CITY OF SOUTH BEND Small Drainage Design and Repair 118-063 For Bids Due: December 11, 2018 before 9:30 AM Local Time Contractor Name: HRP CONSTRUCTION INC. UT 01 1365 ALTERNATE #A1 (STREET PAVEMENT REMOVALIREPLACEMENT) 25, Pipe End Section, 12" Dia, $2 EA .900. M" . .......... 26 Remove/Replace Concrete Approach 36 SYS 27 e) (D q 0 . . . . .......... __ ____ —I, 27 Casting, Adjust to (,.�ra�Je Sw - 00 to Sw 0D . ...... ........... ...... . .. ....... ALTERNATE #A1 TOTAL I ALTERNATE #A2 (ADDITIONAL SWALEISEWER ON NORTH SIDE) Item No. Description Quantity Unit Unit Price Total Amount 28 Clearing and Grubbing I LS 1 0. 0 0 9 ssstq, 00 29 Remove/Replace Concrete Approach 236 SYS 30 Excavation, Common 215 CYS 31 . Fence, Chain Link, Reset ...... . . . . ...................... ........... 164 LFT . ............. . .3 o.3 (4, oo . ............... ...... ­­ — 32 Std Inlet, Beehive Grate I EA 560. 0 0 4,,5eo, E)cD 33 Std MH, Shallow, Beehive Grate 2 EA (D 00o. C) 0 3,4 p p�t 667 LFT 3S.00 . .. . ....... B4,5.00 - - — ------------------- 3 Pipe End Section, 12" Dia. 4 EA 30o. C) 0 Do 3(3 Ma0box Asseinbly, I e.,,,sel 2 14w. o& 37 S 1273 SYS 00 Erosion Control 1 LS C)C)C). C) CD 11 C)6)01 00 39 U lit Allowance 1 LS $22,000.00 $22,000.00 ALTERNATE #A2 TOTAL L(.1 f. OC) Version 7/20/2018 Contractor's Bid for Public Works - 8 BID/PROPOSAL CITY OF SOUTH BEND Project Name: Small Drainage Design and Repair Project Number: 118-063 . . . . . . . . . . ............. . . ...... ForBidsDue: December 11, 2018 before 9:30 AM Local Time Contractor Name: HRP CONSTRUCTION INC. DIVISION B, OLIVIA CIRCLE Item No- Description - -------- - Quantity Unit Unit Price Total Amount 1 Construction Engineering I LS 2 Maintenance of Traffic 1 LS SO - 00 0 1) 3 Mobilization and Demobilization 1 LS 000 - oo 1-7,0co. 00 3 ... ..... Clearing and Grubbing ................... ....... . ..................... 1 LS Soo - 00 5 Excavation, Common 765 Cys 6 HMA, Surface, I W 2 T S. oo 30. 00 7 HMA, Intermediate, 2 1/2" 2 T Ussxq 8 HMA, Base. 4" 3 T 9 Flowable Fill 3 CYS slot). 0c) 10 Std Inlet, Storm, Rolled Curb . . . . . . ........... 2 EA L 500. oo oce. (X) 4 E"A Remove/Replace Curb and Gutter, Roll Curb 10 LFT 30.0c) 30c). 0o 12 [Pipe, 12" RCP 26 LIFT 2)s. 0 0 to, 00 13 Pipe, Ductile Iron, 12" Dia, 23 LIFT 01) 14 Pipe End Section, 12" Dia., EA -3 ca c) o sol), cc) 15 Topsoil, 4 IN� 151 CYS 16 Mufched See(finq Grass ....... .... 361356 SYSL.-.. I OD I 17 Erosion Control I LS cc 18 Core, Concrete Structure, 8 IN. Dia. 1 EA 11.�5001 00 ov 19 Reset River Rock 1 LS ........... 5DO - C)o . ZoD. && . ....... . 20___ Rip a , Revetment 13 T C)D -7c), 21 Geotextile for River Rock R' 61 SY 0 C) V's, e) 0 22 Ca.s.tlng-, L��,JL� Lo.C;rade EA Stz)- c) 0 7 156D - C)o Utilitv Allowance LS 8,000.00 $18,000,00 OLIVIA CIRCLE DIVISION B TOTAL J A 1 00 Version 7/20/2018 Contractor's Bid for Public Works - 9 BID/PROPOSAL CITY OF SOUTH BEND Project Name: Small Drainage Design and Repair Project Number: 118-063 . ................... -- . . ...................... . ........ For Bids Due; December 11, 2018 before 9:30 AM Local Time ContractorName: HRP CONSTRUCTION INC. DIVISION C, CREEKWATER Item No. Description Quantity Unit Unit Price Total Amount I Maintenance of Traffic 1 LS 2 Mobilization and Demobilization 1 LS 3 Pavement Removal 62 SYS 4, 9do. 4 HMA, Surface, 1,5 inches 5 T Co. 0o 00- CeD 5 HMA, Base, 6.5 inches 22 T 6 ......... . Remove/Replace Curb and Gutter, Roll ....... 36 LFT Curb 0 0 7 Core-, Con necti�—nf oTTY1, —Dia.'-P—i p-e- W— EA E-Astiq2 -Stf-u �-f e . . . . . ........... . -- 8 Pipe, 12" RCP 7960 LFT — - . ........ . &0.00 Ductfle lrcq,� 2 8, 15"T' C9, 10 N,4anho�e, Standard 1 EA 5W. 0( .00. 00__ 11 Drywell, 6' Dia., 3 sections 2 . . EA . .. .............. . . . . IS oco. 00 5 0, C)vc). 0 0 12 Reset Siqn and Post I I EA 13 __qnce Utl[Ry N.!.2w 1.. LS $14,000.00 $101,000.00 CREEK WATER DIVISION C TOTAL (Id Q_oq�_p�q__ ALTERNATE #C1 (STREET MILL/FILL & CURB RAMPS) Item No. Description Quantity Unit Unit Price Total Amount 14 Mobilization and Demobilization 1 LS DDO. 7 000.00 15 Remove/Replace Curb and Gutter, Roll 14 LFT . _J Qv. I Curb, De ressed 16 Rernove/Replace Concrete Sidewalk & Curb Ramp __ ........... 22 SYS 1& -7. OD 17 Milling, Asphalt, 1,5 to 2.5 inches 2.68 SYS 18 HMA, Surface, 1.5 to 2.5 inches 330 T 19 Utility Allowance L —L— LS --. � J $6$,000.00 $6g,000.00 ALTERNATE #C1 TOTAL 3q,P/, ?. po Version 7/20/2018 Contractor's Bid for Public Works - 10 w Lr) 0 r_ (D 0 a CL CL , 0- cD (D Ln -3 -4 -3 C-) (D c ID w z) Cl. m 0 a) Cl -0 0 :3 CD ca (D Z cl) C: o 3 x (D r1i m m :3. CL _0 z w 27 3 ' N Ln CD I n co M 0 0 CD cn U) (5, c: M. Fl 5 1 co (in M x 0 n C3 ZE Ln --f m cz C3 ;E �-i 2E C') > > z z 0 M M >;u .. Z 0 m > 0 4 Z M Zq Cl) C= M Z 0 -o— I X cn > m X CO) m U) ;u = m > 0 r- c m m U X 0 0 < OU 50 m 0 a Z n > 0 ;u > M 0 z cn > z 0 z Cl) Cl) 0 z -q 0 0 0 "U -n —0. -u 0 (D 0 Z 4 z z cr CD CD a U) —i 0 C-) MC3 0 m m rr m m to r 0 :: 0 00 a (D 0 0 — (D � 00 05 (j) ;o 0 0 V > m r z a 'ien the prospective Contractor is unable to certify to any of thestatements belo;v, it shall attach an explanation to thisAffidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana $t. Joseph )SS: COUNTY The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: I . Contractor has not, nor has any other member, representative, or acrent of the firm, company, corporation or partnership represented by him, entered into any combination, coollusion 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 induce 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. Contractor 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; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. Version 7/20/2018 Contractor's Bid for Public Works - 4 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/ber/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in detennining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A firiding of a discriminatory practice by the City's I�ME/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the perfon-nance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. 1, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder Version 7/20/2018 Contractor's Bid for Public Works - 5 may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this ___LLtb_ day Of D e c . , 20 18 HRP CONSTRUCTION IN!C. Cat r a c t 2oi / r'd e Z-'5t Signature of Contractor/Bidder or Its Agent Matthew D. Cain, President Printed Name and Title Subscribed and sworn to before me this 11th dayof Dec. 120 18 My Commission Expires 3/6/24 NN�t.", P. otary Public Cindy Vanheste County of Residence St. Joseph Version 7/20/2018 Contractor's Bid for Public Works - 6 *= -rAIA Docu ment A31 OTM - 201 Oi Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place HRP Construction Inc. of business) PO Box 266 Fidelity and Deposit Company of Maryland This document has important legal South Bend, IN 46624-0266 Baltimore, MD consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or City of South Bend Board of Public Works modification. County -City Building Room 1316, 227 West Jefferson Blvd Any singular reference to South Bend, IN 46601 Contractor, Surety, Owner or BOND AMOUNT: other party shall be considered Five Percent of the Total Bid 5% of Total Bid plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Small Drainage Design and Repair; Project No. 118-063 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 heirs, executors, administrators, successors and assigns, 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 contract 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 die 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 �cgal 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 30th day of November 2018 (P r', cipa 1) (Seal) (Witness) Sec/Treasurer ­ 11 . . ....... (Title) Matthew D. Cain, r 'dent Fidelity and Deposit Company of Maryland - ------ a4l/t aW4!�7 ............................. (surety) 12 (Seal) (Witness) L. Kasz is,, Attom, in Fact CALP III MN, You s1houlld sigin ain orligiInall AIA Contract Docurrierint, On wh i wis text a1ppews firr RE An oirigiinall msqures that changes wilill inat The obscuired ......................... ...... . .......... ............. ........ . AIA Document A310T" -2010. Copyrigli 1963,1970 and 2010byTheAmedcan Institute of Architects. All rights resorv�ed, WARNING� ThISNAP' linit. Document is prolected by U.S. Copyright III arid linteirinaboinall Tireafts. Unauthoirlized reproductlain or dWribuffon of 11hiisA1A1* Doictmiunit, air arry poiffl on of K, innay resuft In seveire c.110 aind cirtrAnall peimahWsl, aind wIffil be i3rosecuted tothe maxilvinuinn extent posslilbile undeirthe lavo Purchasers are permitted to reprodure ton (10) cooes of this document when corrpWted, To report copyright viotations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copydght@aia.org. 061110 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Barbara E. PEARSON, Nicole L. BICKNELL, Mark E. WOBBE, Cheryl E. ALKIRE, Jennifer L. KASZNIA, William J. CERNEY, 111, Theresa M. BURNS and Megan E. RIESENBERG, all of South Bend, Indiana, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2018. ATTEST: By. Secretary Michael McKibben ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SEAL, Al :01 Vice President Michael Bond State of Maryland County of Baltimore On this 19th day of June, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 PDXF 044-4495 1316 COUNTY -CITY Bull. -DING 227 W-IF.FrERSON Boull-EVARD Sou-m BEND. INDIANA 46601-1830 74 1865 PHONF, 574/ 235-9251 FAX 574/ 235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS Date: December 3, 2018 To: All Planholders From Linda M. Martin, Clerk, Board of Public Works Subject Addendum Number: I - - - ------ ...................... . Project Name: Small Drainage Design and Repair Project Number: 118-063 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: /"I / C/ I I ?, This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Version 4/2/2015 1316 COLINTY-Cruy BUILDING 227 W. JEFFERSON Bo(ILEVARD SOUTI I BEND. INDIANA 46601-1830 PHONE 574/235-9251 FAX 574/ 235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS Date: December 7, 2018 To: All Planholders From Linda M. Martin, Cl, Su ect Addendum Number-, Project Name: Project Number Board of Public Works R Small Drainage Design and Repair 118-063 NOWAIN man 410-1-OpLyll-1101111 &R-O""12191011MIJ WNIJUM Date Received: / 11 / -7 // QC1- This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: 'C20 Authorized Signature: Date: Version 4/2/2015 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name Small Drainage Design and Repair Project No. 118-063 For Bids Due December 11, 2018 before 9:30 AM Local Time From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. v1 Proper bid security included. The bidder has the option of providing either a Certified Check or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and Certification of use of United States Steel Products or Foundry Products. Proof of MBENVBE Participation Goal Form [MWBE-1.01. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBENVBE Contacted Form [MWBE-2.1]. Acknowledge Receipt of 1 .2 Addendum(s) included with the bid, All required additional information is included with the bid, Proposal statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. This checklist submitted with the Bid. This checklist is provided for bidder's use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Bidder: HRP CONSTRUCTION INC. By Authorized Signature: Print Name & Title: Matthew D. Cain, President Date: 12111118 Version 7/20/2018 Contractor's Bid for Public Works - 1 PART 11 (For projects of $100,000 or more — IC 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his/her/its bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1 . Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firmsfor which you have performed work. SECTION 11 PLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of 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 City of South Bend to consider your bid.) 2. Attach a listing of 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. 3. If you intend to sublet any portion of the work, attach 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 City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, attach an explanation for the rationale used which would corroborate the prices listed. 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 City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder's capability for completing the project if awarded. Version 7/20/2018 Contractor's Bid for Public Works - 3 CD 0 =3 -4 N) C) K) 0 00 T M. =3 z a) 3 (D c/ C: (D (D cn c cr 3 CD CL EY _R a) ct, CD E rl _0 CD (n P. CL CD Z) C-t- co N) Ln 0 41 C-i- c co a) z C-t- CT) cl- w Zr U CD 3 (D (D Ln CD > CL N) CL CL V, . 0 H. n F-4 E: W a CL 0 P- 9 4-1 _-j co m LO m m N) co ca m (4 T Ln a) -i El — -'3. z 3 41 CD a) 3 o CO (D =3 -Q n 0 F- 0 -3 LO CD �; m 77 0 H. 0 Sr co --I (n 0 0 Cf) _0 a) 0 -t CD 0 ZL U) 70 0 (D P. =r CD CL 0 0 0 :3 CD CD CD (D CL CL cL 3 ;:W CD CL m ............... . . ................... . . . . . . ..... . ............ K m M > 03 0 0 3 0 0 CD . . . . . ........... 0 (D CD o co J- R CD CD 0 A NJ 0 1 KJO-1 CL cl. Lo. (D CD 71 0 z C: 3 _0 m CD a Ln ---i C-3 0 --I 0 CL 3 0 c K ou m m G) 0 CP —0. m 0 z w 3 !P 0 ;; -4 CD 0 CL CD 0 U cr C 0 CL C—D C 5 CD r#' D CD CL 0 CD (n 0 ma c 0 — 3 CL cr CT CD U) 0 < m m am z =r CD r* =r m CD U) CD M� 0 0 0 .< 0 0 h CA 0 C 0 �+ 3 =r m cr = CL a (T CD 0 m -1 8111 .2. m Xp 0 oca % C m 0 M m 2 1 0 3 m ic 03 m � -n ca 0 m > 0 -a-- > z E z 0 X z rn 0 < E 0 m , P z 0 a ca 0 � c= -n m Cl) 0 Z 2 0 rri C (1) --1 0 X 0 m Co Z M I z m X m 0 Z m X cn I ygOMM')� 14P, CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS ,pm -nn, "o Tif 1865, This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MBEIWBE participation. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business as defined by the Indiana Department of Administration ("IDOA"). Project Number: —Small Drainage Design and Repair Date: 122/11 /18 Project Name: 118-063 Bidder: HRP CONSTRUCTION INC. Contact Person: Matthew D. Cain, President Telephone: (574) 271-7600 Address: 5777 Cleveland Road, P.O. Box 266 City: South Bend, State: IN Zip: 46624-0266 Email: mattc@hrpconstructioh.com To determine whether a bidder has demonstrated good faith efforts to reach the MBE/WBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS MBEIWBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business Enterprise Diversity Development Program, which uses the IDOA approved list of Minority and Women Owned Business as found on their website (http://www.in.gov/idoa). ACTION (ADVERTISEICONTACT): In order for your bid to be deemed responsive, the City of South Bend requires that all perspective bidders complete no less than 2 of the following: Attend all pre -bid meetings scheduled by the City to inform MBE/WBEs of contracting and subcontracting opportunities. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBEIWBEs reasonable time to respond. 3. Perform any and all necessary steps to provide written notice in a manner reasonably calculated to inform MBEIWBEs of subcontracting opportunities and allowed sufficient time for them to participate effectively. 4. Utilize pre-existing services of available community organizations, small and/or disadvantaged business assistance offices and other organizations that provided assistance in the recruitment and placement of MBE/WBE firms. "Bidder must circle or otherwise notate which of the two (2) required actions were performed. GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBEIWBEs, including providing such MBEIWBE's with adequate information about the plans, specifications and other requirements of the subcontract and did not reject MBE/WBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. SMALL CONTRACT(S): The bidder selected specific portions of the work to be performed by MBEIWBEs in order to increase the likelihood of meeting the M BE/WBE goals (including breaking down contracts into smaller units to facilitate MBE/WBE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBEIWBE that has I bid on the subcontracting opportunity: 1 . Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for co ncluding that the MBE/WBE was unqualified to perform the job. -proper oemonstration ot u000 vann t:"ort requires your initlafs next to all Ot tne above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 7/20/2018 Contractors Bid for Public Works - 13 1 This isthe proof ofyour ad scheduled hOrun onthe dates indicated below. Please proof read carefully if changes are needed, please contact UGprior tOdeadline Et Date.- 12/05/18 Account #: 142114 Company Name: HRPCONGTRUCT|DN Contact., Address: 5777CLB/ELANORD SOUTH BEND Telephone,, (990)271-7800 Ad ID: 5897q.5 Start., 12/06/18 Stop. 12/06/18 Total Cost: $40.32 Total Depth: 2.986 # of Inserts: Ad Class: Other Legals Email: Ileahy@heraidt.com South Bend Tribune SIB Online HRPConstruction |nc,anEEO Employer, is als from qualified MBE/WBE/ DBE businesses for the City of South Bend, IN; Small Drainage Design and Repair, Project No. 118-063. This project bids on Tuesday, December 11, 2018 at g:30mm.All proposals must be received prior to noon onDe- cember 1O. 2018and must be per the contract documents. Anyone interested inbidding on any part of this project should contact Jeff Wells by phone at 574-271-78OOorbyfax at574' 271'0524, Project documents are available for review auour office with prior arrangements at 5777 Cleveland Rd, South Bend. |N40828 or e-mail Jeff at estimating@ hqpnonstmmion.00m CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.1 MBEIWBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBEfWBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. PAGE OF Small Drainage Design and Project Number: _B!�pKir MBEIWBE Participation Goal Project Name: 118-063 AR P C2k�rN,� �10 N I N C Bidder: 01 , ,, 5, i ', 11 By: #kF.;1,1 P r e, 51, 11 gj 1 211 1 /1.8- (SignatW'(!� Matthew D. Cain (Title) (Date) MBEIWBE Firm SEE ATTACHED Owner or Contact at MBEIWBE Firm Telephone: Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBEANBE FIRM: MBE/WBE Firm Owner or Contact at MBE/WBE Firm Telephone: Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBEIWBE FIRM: Email: Email: Version 7/20/2018 Contractor's Bid for Public Works - 14 CITY OF SOUTH BEND ClUITIs �, W MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY /1, Xw wo DEVELOPMENT PROGRAM �� FORM MWBE-2.1 MBEIWBE CONTACTED 865, Version 7/20/2018 Contractor's Bid for Public Works - 15 EXCA VA TING-SEWERS-WA TERMAINS "CKI&.3 91, D. ej'�&LuioE" REQUEST FOR QUOTE FROM: Jeff Wells PHONE: 574- 71-7800 —.- . . . ..................... . .... -- -- - [1111A1111111 ...... EMAIL: ,, jeffw@hrpconstruction.com FAX: 574-271-0524 Please quote any work in your field associated with the followin PROJECT: Small Drainane Design and Re ir TYPE OF PROJECT: onstruction of Storm Drain Improvements . . . .................................................... LOCATION: South Bend, IN ENGJARCH: ne Miller at Danch, Hamer & Assoc., j�miller@danchharner.com QUOTES DUE: Monday, December 10th by noon BIDS: I December 11. 2018 Plans, specs, and addenda may be downloaded from Dropbox. Click HERE for access, or call/email our office for download instructions. This bid has the following DBE goals, please do your part to meet these goals. % MBE % WBE % DBE None *See below Notes/Comments: - *Good faith efforts for MNVBE goals required per specs, IF YOU ARE RECEIVING THIS RFQ VIA FAX AND WOULD PREFER EMAIL, PLEASE INDICATE YOUR EMAIL ADDRESS BELOW PLEASE COMPLETE INFORMATION BELOW AND FAX OR EMAIL BACK ASAP. COMPANY: PHONE: CONTACT: FAX: EMAIL: F—] We plan on bidding the following on this project: Please provide a scope sheet as soon as possible, We will NOT be bidding on this project. We are a state qualified 11 MBE F] WBE [:] R--L: Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. Box 266 South Bend, IN 46624-0266 FAX 574-271-0524 EXCAVATING-SEWERSoWATERMAINS g. -23'� of FROM: PHONE: EMAIL: FAX: Please quote any work inyour field associated with the following 9 —' -" . ... .... .... . —' PROJECT: '§ma-li-ii�rainag'e-'D'es'ig'n"and Repair PL 57 4- 271-0524 TYPE OF PROJECT: Construction of Storm Drain Improvements LOCATION: S� "Bind, IN . . ...... ENGJARCH: --6�urie ... Willer at D"an'ch' . .... H`ar-n-e-r & —Assoc.,,-b"', mi'lier"('6, .... ..... danchharner.com QUOTES DUE: Mondav, December 10t b noon . ...... ... BIDS: December 11, 2018 Plans, specs, and addenda may be downloaded from Dropbox. Click HERE for access, or call/email our office for download instructions. This bid has the following DBE goals, please do your part to meet these goals. % MBE % WBE % DBE None *See below Notes/Comments: *Good faith efforts for MAN 3�A. Is required per specs. Addendum 2 issued - Addendum 1 was included with oriqinal Request for Quote IF YOU ARE RECEIVING THIS RFQ VIA FAX AND WOULD PREFER EMAIL, PLEASE INDICATE YOUR EMAIL ADDRESS BELOW F-1 We plan on bidding the following on this project: Please provide a scope sheet as soon as possible, We will NOT be bidding on this project. r ---- I We are a state qualified L I MBE WBE DBE Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. Box 266 South Bend, IN 46624-0266 FAX 574-271-0524 Small Drainage Design and Repair - Attachment to MWBE 2.1 Bidder: HRP Construction Inc. COMPANY OWNER or CONTACT PHONE FAX Email Type of Work Results AT MIWBE FIRM C-Tech Corporation D. Sherwood 317-835-2745 317-835-2781 d9he d T Traffic Control No Quote Dyer Vault Gracia Dudelik 219-865-2521 219-865-1505 wrp�jaadytru?A qTn Structures No Quote Earth Images, Inc, Laura Yurs 800-325-2543 317-885-1529 Landscaping No Quote Highway Safety Service, Inc. Mike Madrid 765-474-1000 rnike rnadrLd�@DhM:g]Lij(Lo 9 - — .qqLrn Traffic Control No Quote Indiana Sign & Barricade Kirby Faulkner 317-377-8000 317-377-8008 kfaulkn, janaSB.com, � � tr 0010-4 . .. —A.- Traffic Control No Quote LaPorte Construction Lori Schrad 219-393-5555 219-393-5556 Ischra econstruclJon,coln Structural Wa I's No Quote Premium Concrete Services, Inc. Max Yeakey 574-264-0196 574-266-5392 rn x@p rein i u mcor creteonfine,com Concrete work Quote Rec'd not usino Slussers Green Thumb Nelson Slusser 800-762-7442 574-722-2993 i slussers,corn Landscaping Using State Barricading, Inc. Mary Michalski 574-287-2078 574-287-1744 statebarricadel oLcom Traffic Control Using Traffic Control Specialists, Inc. Kerry Kopka 574-772-7001 574-772-7002 Traffic Control No Quote V & R Trucking, Inc. Veda Godette 574-234-1268 574-234-0748 fjigtj ±n_q�q[sh@_4pjgq!2j Trucking Using 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? �-...C.o.n.tra.c.t..A.m.o.u.n.t.,,, When ........................... C.1a.s.s of..W...,k Completed Name and Address of Owner .... ... .. ....... .. . .... ..... .. ... .. .. 1,937,254.00 ............ .... .... .. .. ..... ...... Utility & Excavation 2017 ............................... CSO 6 & 7 Storage and Pump Facility, Grand River Construction 3,450,410.00 Utility/Excavation & 2016 —1 Watson CSF Phase 11, City of Site Work Mishawaka 1,929,485.00 Road & Utility 2017 os en r ase 11, City of acement L Goshen . ............. __.. ....... . .... 1,701,4: . _Epp i� Road & Utility 2017 ..of .................. 4 St LTCP Improvements, City . .. .......... _9 pjacerneqt__ Mishawaka ­ ...... ........ ............ 2. What public works projects are now in process of construction by your organization? ................ When to be Contract Amount Class of Work C.o!V.eled and Address of Owner 3,894,289.00 Water Main ... ........... 2018 --Name Monroe St., Logan St., WM .... mqvtgi ofGoshen ... RgoAqL y, ty ... . ................ 1,163,781.00 Site Utilities 2018 R-36881, Boland Drive, South Bend .......................... _­ ......... 8,142,841.00 . ...... __­­­­­­­ ....... Combined Sewer 2018 Nappanee LTCP Div A, Cifi-i;f- ................... ---Nappanee 5,662,029.00 Storm/Sewer 2018 . ... R-37480-A McKinley and Ash, INDOT . . ........ . ................................ . — 3. Have you ever failed to complete any work awarded to you? No — If so, where and why? 4. List referenced from private firms for which you have performed work. Shiel Sexton; Indianapolis, IN JJ White Incorporated; Philadelphia, PA Edward Rose of Indiana; Kalamazoo, MI Skillman Corporation; Indianapolis. IN Pepper Construction; Dublin, OH HRP CONSTRUCTION INC. responses to SECTION 11 PLAN AND EQUIPMENT QUESTIONNAIRE 1. Our intent would be to start the work after receiving a contract and Notice to Proceed per project documents. We would perform our work per a schedule approved by the owner and/or owner's representative. 2. A partial listing of subcontractors used in the past five (5) years. Further information will be submitted if deemed necessary. Asphalt and Concrete Brooks Construction E&B Paving Premium Concrete Pioneer Associates Rieth-Riley Construction Walsh & Kelly, Inc. Bores & Directional Drilling H&G Underground Utilities Lowe Construction Midwest Mole Electrical & Traffic Controls Bender Electric Current Electric J&J Electric of Indiana Michiana Construction State Barricading Traffic Control Specialists Hauling Bettcher Trucking J&R Trucking Nowacki Trucking Nowatzke Farms Trucking Radabaugh Truck Service V&R Trucking Landscaping Fuerbringer Landscaping Hydro-Tek Seeding Inc. Slusser's Green Thumb Acorn Landscaping Dewatering Contract Dewatering Service Griffin Dewatering Kelly Dewatering Mersino Dewatering 3. We do intend to sublet various portions of this work. However, at this time, we are not certain who the subcontractors would be. If we are awarded this contract, we would furnish you with the names of all subcontractors. 4. We intend to first use equipment from our fleet of fifteen excavators, nine front-end loaders, etc. To the extent necessary, we would rent, lease, or purchase any other equipment needed. 5. We have received offers for all materials within pricing used in preparing for bid. Init. *AIA Document A31 OITM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place HRP Construction Inc. of business) PO Box 266 Fidelity and Deposit Company of Maryland This document has important legal South Bend, IN 46624-0266 Baltimore, MD consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or City of South Bend Board of Public Works modification. County -City Building Room 1316, 227 West Jefferson Blvd Any singular reference to South Bend, IN 46601 Contractor, Surety, Owner or BOND AMOUNT: other party shall be considered Five Percent of the Total Bid 5% of Total Bid plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Small Drainage Design and Repair; Project No. 118-063 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 heirs, executors, administrators, successors and assigns, 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 contract 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 confarrning 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 30th day of November 2018 I c C.. .............. . . . . .... (P cipa Seal) (Witness) N'ancy Knapfk, Sec/Treasurer . . . ............................. . . . .......... (Title) Matthew D. Cain, Pres,dent Fidelity and Deposit Company of Maryland . ......... IJL,4� (Surety) (Seal) (Witness) ---------- .. . . .. ................ . ......... . .......... . . . 11, in e) �o i rer L. Kasz ta, Attor. - Fac 11 1 "1 CAU II You s1houlld Wgin an odgkwll AIIIA Cantrac.t Docuinent, on Wit % this text appears lin IF Fin oHg�inall assures that c1hanges w111111111 not be obscured "I'll I..","" ..... - - - - — - - - — - - - ___­- - ---­­­- . . . . ..................................... . . ..................... . . .......... . . ..... AIA DocumentA310m - 2010. Copyright 0 1963,1970 and 2010 by The Ametican insituts of Archtletts, All rights reserved, VVARNIING� TIM% AW� Document Is protected Illy U.S. colpyrilght 11 aw and h'ilteirii,iiaU���nall'rinaues. uinauthoirlized xeprrodtgcffon� or distributtion of this A10100cume, nk, or any poiftilon of it, may resullt lin severe. ciAll aind CIrr1irninal penalitles, and WIN be prosecuted to the unaxhinum exterit possilift underthe Ilaw. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 061110 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Barbara E. PEARSON, Nicole L. BICKNELL, Mark E. WOBBE, Cheryl E. ALKIRE, Jennifer L. KASZNIA, William J. CERNEY, 111, Theresa M. BURNS and Megan E. RIESENBERG, all of South Bend, Indiana, EACH its true and lawftil agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2018. ATTEST: Df Secretary Michael McKibben ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND AP % E�AL If) - A Vice President Michael Bond State of Maryland County of Baltimore On this 19th day of June, A.D, 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written, MOO Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA-F 044-4495 v§I g,..1..;_;vA1A Docum�ent A311OTM - 2011 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place HRP Construction Inc. of business) PO Box 266 Fidelity and Deposit Company of Maryland This document has important legal South Bend, IN 46624-0266 Baltimore, MD consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or City of South Bend Board of Public Works modification. County -City Building Room 1316, 227 West Jefferson Blvd Any singular reference to South Bend, IN 46601 Contractor, Surety, Owner or BOND AMOUNT: other party shall be considered Five Percent of the Total Bid 5% of Total Bid plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Small Drainage Design and Repair; Project No. 118-063 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 heirs, executors, administrators, successors and assigns, 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 contract 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 fumished 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 Conti -actor, 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 30th day of November 2018 ... ....... . . .. . ...... . ..... __ (Pri ipal (Seal) ec/Treasurer (Witness�) N Jc y P 9 (Title) Matthew D. Ca n, r FeS, nt Fidelity and Deposi orn any of Maryland (&rety) ............... . . . ......... . ........ .... (Seal) (Witness) k4t�i 1, 3, torsy in Fact (Title) Jeri �i.L '�t Ar n w ri, CARITKAH� irou shoRdd sigiirt aiiri� odginiall AIA Cointract Docuirnent, cm Which 48 illext alplpearsk iri 1116 An orlighnal assuires that c.111hainges wfli not be obscuired, Z7 ........... ........ . . .... . . . . ..... AIA Document A3101m — 2010. Copyright 0 1963,1970 and 2010 by The American Institute ofArchit"ts. All rights reserved,'WARNING. TNs AIW" Init. DOCUIT11011t !is protected by LL& Colpydglht Law and lintematlionall"Y'reafies, Unauthorized reproduction or dishlbution offfils AJAO� Docuunant, or any pairtoin of it, may resulit firi severe clvll aind C11,rimlinall perialfles, and Will lie prosecuted to the irns)(irimin extent possilblie undeir the [aw. Purchasers are perniffled to reproduce ton (10) Loples of this documentwhon: completed, To report copyrot violations of AIA Contract Documents, e-mall The American Institute of Architects' legal counsel, copydght@aia.org. 061110 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Barbara E. PEARSON, Nicole L. BICKNELL, Mark E. WOBBE, Cheryl E. ALKIRE, Jennifer L. KASZNIA, William J. CERNEY, 111, Theresa M. BURNS and Megan E. RIESENBERG, all of South Bend, Indiana, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seat and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2018. ATTEST: BF Secretary Michael McKibben ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0 Ura" I , Ile, SAL AAV WOO A Vice President Michael Bond State of Maryland County of Baltimore On this 19th day of June, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9,2019 POA-F 044-4495 0, 1A Document A31 OTM -2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place HR P Construction Inc. of business) PO Box 266 Fidelity and Deposit Company of Maryland This document has important legal South Bend, IN 46624-0266 Baltimore, MD consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or City of South Bend Board of Public Works modification. County -City Building Room 1316, 227 West Jefferson Blvd Any singular reference to South Bend, IN 46601 Contractor, Surety, Owner or BOND AMOUNT: other party shall be considered Five Percent of the Total Bid 5% of Total Bid plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Small Drainage Design and Repair; Project No. 118-063 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 heirs, executors, administrators, successors and assigns, 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 contract 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, arty 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 fumished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 30th day of November 2018 .... . . ..... ........... nx, tic ... .......... ­111111111111 --- - ----------- (Pri Pa (Seal) .. W. .. t . n .. e .. s .. s - ) '*'- ............ ... ..... .... ... . . . __ NQ N,`nc-_ nari `-Sec/Treasurer t Mat-, ew D. Cain, Pre nt Fidelity and Deposit Company of Maryland rety) (Seal) . . ......... .................... ­­,52 . . ... ........ (Witness) 4�; - .... ... .. .... - (Title) j, jni�c 0L L. Ka%/i Attorneyi,", Fact CAU F101N. Youi shouki signi ain odoinall MA Contraq:t Docurnein III:, on w h this text a1ppears �n RIE�11D An oidginal assurum that changes wHil not The obscured, ........................ I ....................... — - — ----- — ------ . . . ..... — --------- - — AIA Document A31 O� — 2010. Copyright @ 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARINHYG� "T'Ws AIIA8 InIt. 113ocurrient !is protected by U S. Colpyll,rIlgIllt 11 aw and lliiiteriiat�oiiiall'T'ireabes,, UnauthorIzed relpirroduclion or, dM,,1111cuftin of this Me Docurnent, air any pofticin of it, may result lin severe divEl and adrT111111all penaMes, and W1111 be prosecuted to the maxhinum extent possiblie under ffie law, Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrlght@aia.org. 061110 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in ftill force and effect on the date hereof, do hereby nominate, constitute, and appoint Barbara E. PEARSON, Nicole L. BICKNELL, Mark E. WOBBE, Cheryl E. ALKIRE, Jennifer L. KASZNIA, William J. CERNEY, 111, Theresa M. BURNS and Megan E. RIESENBERG, all of South Bend, Indiana, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2018. ATTEST: c�',yBy, i . I __ UY�-%. . Secretary Michael McKibben ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND lei' % CAL Vice President Michael Bond State of Maryland County of Baltimore On this 19th day of June, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA-F 044-4495 Board of Directors Meeting Of HRP CONSTRUCTION INC. Held September 13, 2018 A meeting was held by the Board of Directors of HRP CONSTRUCTION INC., pursuant to Waiver of Notice, in the Centrat.Park Pavilion at 295 East Mishawaka Avenue, Mishawaka, Indiana on the 13th day of September, 2018 at 8:00 a.m. Matthew D. Cain called the meeting to order. Nancy Knapik, Secretary, called the roll and the following Directors were present: Matt Cain, Paul J. Fallon,, John Schafer, Wendy Cain and Nancy Knapik The purpose of the meeting was to discuss numerous matters regarding operations. It was proposed to verify that the following changes were duly noted by the Board of Directors of HRP Construction Inc. It is proposed to grant authority for signing all bidding documents and other legal papers relating to bidding Documents in the name of the Corporation. After a brief discussion it was decided that Matthew D. Cain, Paul J. Fallon and Nancy Knapik would be given this authority. Upon a motion made, seconded and unanimously carried it was: RESOLVED THAT: Matthew D. Cain, Paul J. Fallon and Nancy Knapik would be granted authority to sign all bidding documents and other'ielated legal papers relating to bidding documents in the name of HRP Construction Inc. Matthew D. Cain will sign all documents if possible. Naancy ik, Se8retary/Treasurer rre; 'V' 's CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name Small Drainage Design and Repair Project No. 118-063 For Bids Due December 11, 2018 before 9:30 AM Local Time Contractor Name: HRP CONSTRUCTION INC. The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section 11 only. Section 11 acts as an application for pre -qualification. Submission of Section 11 will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre - qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance") for a period of twelve (12) months. Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre - qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 31st for the upcoming calendar year, or within twelve (12) months of obtaining pre - qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 7/20/2018 General Conditions - 6 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH-347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shall be submitted electronically. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. Version 7/20/2018 General Conditions - 7 PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: W By checking this box, I hereby acknowledge that I am a pre -qualified bidder with the City of South Bend and that I have met the pre -qualification requirements within the last twelve (12) months. A copy of my Pre -Qualification verification letter is attached. (ii) By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (b) Attachments: Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). Statement on staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work. It outlines how I intend to meet the staffing needs of the work. (iii) Evidence that I am utilizing a surety company which is on the United States Department of Treasury's Listing of Approved Sureties as required in the bid specifications or contract. (iv) List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within the last three (3) years. Version 7/20/2018 General Conditions - 8 11. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: 0) By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) By checking this box, I hereby acknowledge that copies of all Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at any time and shall be furnished upon request. (iv) By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub -contractors have the necessary licenses to undertake the work called for in this bid. If a sub- contractor loses their license at any point, it is the responsibility of that sub- contractor to notify the City. (b) Attachments: 0) Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) List identifying all former business names. (iii) Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) (iv) years. Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi) Evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. (vii) Copy of a written plan for employee drug testing that covers all of my employees who will perform work on the public work project and meets or exceeds the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6. (viii) Evidence that I am utilizing a surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications or contract. Version 7/20/2018 General Conditions - 9 (ix) Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (i) List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. December 11, 2018 Date: (Sign Here) Matthew D. Cain, President (Print Name Here) HRP CONSTRUCTION INC. (Name of Company) 5777 Cleveland Road, P.O. Box 266 (Address of Company) South Bend (City) IN 46624-0266 (State) (574) 271-7800 (Telephone Number) Version 7/20/2018 General Conditions - 10 BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 07/12/2017 10:09 AM Business Name: HRP CONSTRUCTION INC. Business ID: 1989051420 Entity Type: Domestic For -Profit Corporation Business Status: Active Creation Date: 06/01/1989 Inactive Date: Principal Office Address: 5777 Cleveland Road, P.O. Box 266, SOUTH Expiration Date: Perpetual BEND, IN, 46624, USA Domicile State: Indiana Business Entity Report Due 06/30/2019 Date: Years Due: Title Name Address Secretary NANCY KNAPIK 57337 MARY BETH COURT, SOUTH BEND, IN, 46619, USA President MATTHEW DAVID CAIN 53200 LEHNER COURT, Granger, IN, 46530, USA VICE PRESIDENT - SPECIAL PROJECTS PAULJFALLON 63600 BIRCH ROAD, Vandalia, MI, 49095, USA [� 777=­'�� '-, , " 777f Type: Individual Name: MATTHEW D. CAIN Address: 53200 LEHNER COURT, Granger, IN, 46530, USA --- -- -- ---- 141 A EXCAVATING-SEWERS*WATERMAINS December 11, 2018 To Whom It May Concern Re: Drug and Alcohol Testing Small Drainage Design and Repair We have a long standing tradition of requiring all new employees to be tested for drugs and retaining the right to require further tests at random or for cause. In 2006 a new state law went into effect requiring any contractor that works for the state (which includes INDOT) to have a much more formal and rigid program, and to certify that this program is in place at the time of their bid. June 1, 2007 we signed an agreement with BCRC to provide our drug testing program. We selected the BCRC, Building and Construction Resource Center Inc., for a number of reasons: a) They are approved by the State. b) Their program is the one included by addendum in the 150 Heavy Highway Contract. c) Their program's allowed by the State Laborers Council. d) They will also accept our non -union employees (who also, by statute, must be included). e) All of our employees will be subject to the same rules and regulations. D BCRC's plan also includes an EAP (Employee Assistance Program). Equal DPPO'ItUt2ity &P["Yr� 1E Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. Box 266 South Bend, IN 46624-0266 FAX 574-271-0524 H P CONSTRUCTION1 EXCAVATING-SEWERS-WATERMAINS Wolking go J - vf'S'_'tU!aF_ff Responsible Bidder Checklist Small Drainage Design and Repair December 11, 2018 Pre -Qualification Checklist (For Bidders That Are Not Pre -Qualified) Section 11 (b) (ii) HRP Construction Inc. former name: June 25, 1980 known as H.R.D. Corp. May 31, 1991 known as HRP Construction, Inc. May 25, 1994 known as HRP Construction Inc. (b) (iii) HRP Constructio ' n Inc. has no court or governmental agency violations of federal, state or local laws within the preceding five (5) years. (b) (iv) HRP Construction Inc. will have a qualified senior project manager, senior field supervisor, project manager, field supervisor along with qualified union operators and laborers. (b) (v) Individuals who perform work on the public works project for HRP Construction Inc. will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (b) (ix) HRP Construction Inc. has no federal, state or local liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. Equal DPP0'Ztun1t3 E­pf"Y­ Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. 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E Z 0 r Ro w ho r w 0 M w w co co m U CL m 0 m r 0 CL E r L m 1. r m C 0 cl 0 0 z tn u) th Do Do co co 2 < c .0 0 w = A CL E u 0 cn U .2 CU ci CL w E aj _0 C cy M- CL 0 tw CL m c = w Ln e c 0 M tn 43 r M E cu u CL -V tLa 'D > C m CL tun 0 M m CL m Kn w Cc 0 to in a r, cn le th cn 1 0 E if). C-4 11b. cn VI. 7E ho '0 > -0 10 to z C) w- m 0 i-n' t! m to CL z C) B7 -T a, U Z t; C3 M a co is ca ko in LU -6 .2 0 t: tu al C4 ;s �: E in m Ln o co 0 B7 :5 = .0 0 Z� tD It < C3 in Ln 0. Vq LLS r, < in in in r4 o tn WW u .e ILD 0 Ln ID in E tn aj ca r- 'T m r, i.n -0 E m CU) aj en a, in o q CL CL A S IE o x 0 B: co C-A .8 a cn t? M -2 Z c w ch m w 0 W m th —0 'a n— in a 6 vi m on 0 CL Co C) IL J-- F-I n' 0: ri CIS .4 a P Lu Ln C3 to W U rn Z in 0 A w m z cu z r co B: t! M in w t M m a M > CL 06 U LLI m z t 0 w (D to Ll tw it cn CIS 0 —M 0 to M w m V) U) al 12 Z a) w CL tLa a r 2! w r 0 t; -0 t! C W .2 c im E a, ir wu co 0 w . E m = W Co > = E cc E fx %x w x U m U W Ui m z 8 w 0 cc th 1NDI",4 LABORERS' TRAWNG TR USTFUND DavidA. likye Secretary -Treasurer Jerly J. Balk Clu*L. Guerrero Ricky Henson, jr. Ramon mendozo, ji.. RobertS. Pright P.O. Box 758 - Bedford, Indiana 474ZI (812) 279-9751 November 27,2018 To Whom It May Concern: 7 7 Sean Coakley, Director John A Brown 'Chairman Kelly,dbel BradDreibelbis MichaefFerrara &an Meyer Jim Wiseman FAX: (812) 279-5545 This letter is to confirin that 11W Constrtletion, Inc." is a signatory contractor in good standing wit], the, Indiana Laborers' Training Tnist T�und, The above mentioned company is a participant in the -Toint APPrerdiceship and Training Committee thiough this Union and has been an active parficip,-ult i good t n g o h of t le past five plus consecutive years, and is n s a din h r eac currently eligible to use our apprentices on a project. Further, our organization's program is approved by the U.S. 'Veterans Administration to participate in the G1. educational benefits program. A copy of our appror4l letters are attached along wifli the OoUecthre bargaining agreement stating the ratios Of JOurney workers to Apprentices; which is one (1) Apprentice for every five (5) Journey wo*ers and thereafta may not employ more that (1) Apprentice for eveq (3) Journey workers. Sincerely, �1( - I _alx Sean Coakley, Director SC:dc mww.indianalaborer,sh-aining.org 0%�;,Op 1 LAC 1�111111111— RL m P4 0 E-4 U 44"o 44 E-1 0 F-I H Pei E-4 U) t4 Aj 43 0 44 FP A Ln CN co Ln 0 03 E) 11 1111 F 111% 11 10D North Senate Avenue PHONE: (3117) 233-2412 Eric Holcomb, Goveraw Room N750 Joe McGuinness, CoMmissioner Indianapolis, Indiana 46204 January 8, 2018 Nancy Knapik Controller HRP Construction [no Re: 2018 OJT Training Program Agreement HRP Construction Ina: Enclosed you will find a copyof the approved 2018 OJT Program and PaTinershilp Agreement, The primary okecrive of the program Is to provide training and advancement opportunities to minorities and women toward journey level positions in all phases of the highway construction industry. Thank you in, advance for Your pafficipation In the Program and I JD0k forward to working with you (his year. Please feel free to contact me at 317-233-2412 or kdaniels2@indoLin.gov if you have any questions. Reespe Ily, Ully' Katie �Danlels Contract Compliance Specialist Indiana Department of Transportation - Economlic, Opportunity Division Enclosure www.1n.gov1dot1 AnEqual Opportunfly Employer Step 1: Determine' tile total number of hours worked in the lughway construction.trades oil INDOT FbEferal-aid contracts (either as a priine contractor or subcontractor) during the past three years. Do not include hours worked oil state -funded and private work-, Step 2: Add the total number of hours froin each year and divide by three (3): + &;;:Q + r—� = E�� . 3 2015 2016 20 17 Step 3: Muldply The "Average Hours" by five percent (50/o): �;� x Awn, -c Hours Goal I hereby agree. to all of the terms and conditions contained herein and affirm under penalty and perjmy that the information stated above is true and accurate. Plellse deftlell Section 1. 16 and rethrit to INDOT clo Katie Dulde[s at &kftmk!� 7 N .aancy Knapik From: Daniels, Kathryn <KDaniels2@indot.IN.gov> Sent: Monday, January 8, 2018 11:52 AM To: Nancy Knapik Subject: 2018 OJT Partnership Agreement Approval Attachments: HRP 2018 OJT Partnership Agreement Approval..pdf Importance: High HRP Construction: Please see the attached 2018 Cin-the-Job Training Program and Partnership Agreement approved foryour company. Listed below are some resources which you may find helpful in -administering your compan�s OJT Program this year. 1. Companies must utilize an apprenticeship program which has been approved. An approved program is one that has been registered with the U.S. Department of Labor (USDOL) or approved by the appropriate Federal Highway Administration (FHWA). 2. The point of contact for obtaining a registered program with the USDOL is John Delgado, USDOL . Apprenticeship Training Representative, 317-226-7003. 3. Once a registered program or "Standards of Apprenticeship" is obtained from the USDOLit is the responsibility of your company to administer the program accordingly. 1. The Journeyworkerto Apprentice (Trainee) Ratio is available in the Standards of Apprenficeship, see item I above. Ratio example: If the ratio of journeyworkers to apprentices for an occupation classification is 4:1; then, for every four (4) journeyworkers; on a given project, there can be one (1) apprentice working in that same classification on that same project. Recruiting Agencies: 1. An Indiana Recruiting Agency List is available as a reference on the under the Contract Compliance Section. under On -the -Job Training. Your company can reference this list when recruiting potential apprentices. I look forward to working with you this year. Katie Daniels Contract Compliance Specialist& OJT Lead Indiana Department of Transportation 100 N. Senate Ave, IGCN 750 Indianapolis, IN 46204 Office: (317) 233-243.2 Email: kdameIs2(@indot.inaov INDIUR DEPARTMENT OF URNSPORTATION 100 Nodh Senate Avenue PHONE: (317) 233-2412 Eric Holcomb, Governor Room N750 Joe McGuinness, Comirnissioner Indianapolis, Indiana 46204 January 22, 20118 Nancy Knapik Controller HRP Construction Inc Re: 2017 On4he-Job Training (OJT) ReView Dear Ms. Knaplk: Enclosed is our.reView of your company's 20V OJT program. As indicated on the spreadsheet, your company has met its 2017 OJT. goal. Please feel free to contact me at 3`17-233-24112 or kdanieIs?&Jn-d—o-W�n.ov regarding any questions you may have. XReispe ully, Kafte Daniels Contract Compliance Specialist & OJT Lead Indiana Department of Transportation — Economic Opportunity Division Enclosures, www1n.gov1dov An Equal OPPOHunity Employer ladiana Nwomber: 27,; 2018 City -of-8outh Bond Re: HRP Ponstruction Inc., 57V7 Cleveland.'ftad, PO, Box 266, S'buth' Bend, 'IN 4662-4 Prequalific'atioh To whom it may'dbrideft Zurich American Insurance Company andior its;su . bs, di r Rdeh i­lay? I _ Ity and DOpppit CoMpEkny of MarylArfd, have-provided.'sUreity.credit toHRP Construction Inc. for single pr9jects of vzo'00,000 atidan aggreg.pte uncompleted backlog of $ $20,OQO,OOQ.. Zurich/F&D is Zurich Norffift6rfca Surety rated "A+"' (Superior) with a,financial Size categpr y of XV ($2. billioh,+) by AM Best, and has 300 S. Ri.verside PI: Suite 2164 a, US Treasury Limit: exceeding _$300 million. dhicag"d, I-L 606'0-6 ht1p:/fWWw.zud6h.COM If HRP Construction Inc. is awarded a doniradWith the City of South Bond and toqu6st8. Direct Ph6ne 317-753:M78 that we provide the necessary Performance andlor Payment Ronds,;:we. Will be preopred to execute Afie.bondssubjeqt io�,our accer)table., review of the: -contract terms and . cond - itions. bond forms, apptopripto:t6fitrAtt fundiqq and anyotho,r Un-dorWrifing ..considerations, at the: tii-oppf'thd re uest. .Our donsiderati6h:and is*sUghco, of bonds isi -9 matter .-Scilely. between 1HRP Construction- Int. and ourselves, and we. -assume no liabilit . to* third: parties -or to y u bv the issuance of this 'y l6tter'. We. trus.t that this. infofmatibn. meets mAth- vour satisfaction. Ifthere7aref rtherquestipps.; u lbasb fool freb:W. Ontadi-rnq.. 8inperely P n- i �u' n­ "Cy 9'" "pr1y, KNOW ALL MEN'RY-THES&PRESENTS. That the ZQR1CHAAffiRItAN,, NSURMCIJE�t.'OWANYj atorporationof theState of New,, York the:COLONIAL AMERICAN'CASUALTY, AM, 9 the Swie, Of- 10in I �d: the . FIDBUTY �,jv -- , � , IJR1ETY-CQMPAA�-,, A.cbrp6rktion,bf, ols POSIT CO I OF MARYLAND a, c&porAion,of'th6SWe �of , 111601 c4n coI16Wvd1y,c '' ' by :I is, 6iit allud 4116 "W*.Ikiiesi)�, RobertD., Kurray, Vice:ftesidenC in pursuance of authority granted'byArt;W6 V, Section 8; ofthe By-Laws,of'siid Companies, which arc sitl'&th on tl�e f6Vcrs'6's--ide' he"ito ibti, a�-rebcic6Y �dcftffid&tb be 1� JRili, er ifst"iti, -foi� c; LICAS Wilffs,in J—CERMY, M, Tbbresa, M. BURNS, and Magan PD. 11 its true,and 6f 86titli Bedd" Jndinn EAC U, ��eaj and AttoM d�l�,,— for, afid on itAefiaif as s:� py-iii—actP to make, executej 4eg! and c tycr, r6ty, and as itatt and deed: iihyjand all executi ng ' sm pursuance. 6j these presents, s c as inding'U"Pon said 'all �Inte bad $66h, ddly,��ekddiitcd aiid AckdoWiddiedrij� thd regukly-ekcted to as ly n n -an C�o d s U- a om f arnp .INS off[Ce. 'AN niNcwY�ik New YbTk.,ihc�cjuiafl� elected,offtersi4ihe ff Y O'w d., and,the rcoarly elected �1111 AN CA A 'at� its offt ing Mills, Marylan Pon. s 0 icer of COL'o SU off jecrs of the MEL� AND DIJPOS T ANT� at its ofrtc6 in'Owings Mills, Maryland, in their owti propqr' pers, o'ns. The said Vide President does hereby certify that the extract set forili on the,reverse,side hereof is a true copy of Article V, Section 8,'of the By-ta-*Ws of said Companies, and . is no I w in force. IN WITNESS WBE�REOF 'I the said Vice-Presideat , has hereunto subscribed his/her names and affixed the Corporate Sds of the, said ZURICH AWIERICAN INSURANCE COMTANY COLONIAL A=RICAN C I ALSUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COWANY OVKARYLAND, this'24th day of September, A.D. 2018. By: -Wert D. Murray YkePresidew 0,40&- pox, — By D�wn E.Bimm 96 1 1 StA,tc-bfMAf,y)4qd" "ty qfl�i ATTESTi 'ZURICII AXMCAN INSURANCE COMPANY COLONIAL AWRICAN CASUALTY AND SURETY COMPANY MEURY AND DEPOsrr compANYO.F MARYLAND MONY KEK I Wro quatd-set.r4y _6010id fiffik, ' 1W�"b1ficlh! *9 al 6- d i d' tjrdsi� q TESTI h, -AbOewtifloh, .5", �-4�!44,4 On WW-� D*,'NO Thbk- A _-4 A r , 1" _PAN -jES "A�OeV,�iectjon'8,,Attorne s-in-ra' 'The ChicfEiecutivc�Offterjb-d Ptesid'eiit,,'Ot�Apy,'ExecutiVe.Vkce,kres'd'6t or Vice President may under ft aftestcd� q rp. int 'fact'; c 11 1 1 qsi� �y �.�ritten. ifishument _q orat� sco,, u 0 , dit�m�ys4fi- 1A autitority"'Jo ex�cut6l bonds,-Joli rt tha lyi, rqcognizances� stipulations,,undeitakinp, or other like hismirricnm li44 '�""ompaqy,an�(i�ayatitho�iz4'I 9, ic r or any any c �u6h ln-fii�ttoa'ffixthe cotPorateseal thereto �afid rn�a Withor without cdukinbdify qfrevacany su, i qtmc4t or Whority at any at'l)"noy-, qh appo tile CERTIFI,CIATE 1, the undersi 00, Vice�,Presjdcnt of the ZURICH'AMERICAN INSURANCE COMPANY, the COLONIAL AAGRICAN CASU4,TY.AND�SUR,F. e Fil) cb� iz t !Ty'qOMPANY,, and th - Euity�,Aiqu DEPPSIT, C'OP�PA.i�,Y,O'F kkkYtANlJ 'do, he,",r r(ify ilia the We V,��Scc io 8, of foregoing rqwer'of Attorney is gill, in full force and cff�ct on the date of tb1s,ccrfffica(w,.and I do,furtheT certify, ha(A� Wn the Oy-Lawspfthe Compante'sis' I still in'lorce. This Power of Attorney, and Certificate�-may be signed by facsimile under andhy authority of the following resolution of the Boud -of Directors of -the ZURIal AmEklCANiNSURANCE COMPANY at a meeting duty. called a-nd,held:on the 15th day of -December 1998 RESOLVED:� "That the signature, of,, the President or a Vice President and t I he westing signature, of a Secretary -or an Assiftant Secretary and the Sea] of the Company may be affixed by facsimile on any Power of Attorney .. Any. su6h Power or any certificate thereof bearing such fhcsimittsig�atuie and,teal shall be valid and binding on the Company-" Thi§,Power of Attorney and, Certificatem'ay'be signed by facsimile under and by -authority of th6 f4flowing resolu(tion of the Board.of Directors, of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY �at.a meeting Auty called and held'on the,5(h day of may, .054, and the following resolution bf the Board- of Directors of the; F IDELITY AND DEPOSIT CQ OFMARYLAND, at a medting-duly.cAlled:atid held on the 10th day of May, 1990. RESOLVED: "That the fapsimile or mechanically reproduced seal of the company and facsimile,or mechanically reproduced'signAture of any Yice-presiddnt, Secretary, or Assistant Sdcrctary of !he Cojmpany, whether made heretofore or hereafter, wh6rdve� appearing upon a cc rii6cd copy, 0 i any d' power of attorney -issue -by the Company, shall be valid and binding upon the Company with the sameforce and effect as thoughpartualiya,ffi,x1ed, IN -TESTIMONY WHEREOF, Lhave,'heneprito stilisdribe4-rity name and affixed the cor�orateseals� of the said Coffiganies.i. this 27tk - daybf�Nqvembar 208 zero'. U Michael-C.'Fay, Vice, President Akb,TO,,A WIMtY BOND, PUASE SUJ�WtA 'MP, j)R90, '�TXQ W N �QVTH E C-LAWINCObiNd 140�i kj�ANO W.M.'CONTACT' ONTO: 'y unp UM afifts , 0 , 19 " 6-1086', din ficti�A AW-616:`407.7